S T A T E   O F   N E W   Y O R K
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                                  7838--A
     Cal. No. 554
 
                             I N  S E N A T E
 
                               March 1, 2018
                                ___________
 
 Introduced  by  Sens. RITCHIE, AKSHAR, BONACIC, FUNKE, GOLDEN, HAMILTON,
   HELMING, JACOBS, LARKIN, MARCELLINO, MARCHIONE,  MURPHY,  ORTT,  PHIL-
   LIPS,  RANZENHOFER, ROBACH, SEWARD, TEDISCO, VALESKY -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Education  --  committee  discharged  and  said  bill committed to the
   Committee on Rules -- reported favorably from said committee,  ordered
   to  a  third  reading, passed by Senate and delivered to the Assembly,
   recalled, vote reconsidered, restored to third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 AN  ACT to amend the education law, in relation to requiring the depart-
   ment of education to report information regarding  counselors,  social
   workers and psychologists in schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 57 to read as follows:
   57. A. THE COMMISSIONER SHALL SUBMIT TO THE  GOVERNOR,  THE  TEMPORARY
 PRESIDENT  OF  THE  SENATE  AND  THE  SPEAKER  OF THE ASSEMBLY, A REPORT
 REGARDING SCHOOL COUNSELORS, SCHOOL SOCIAL WORKERS AND  SCHOOL  PSYCHOL-
 OGISTS  FOR  THE CURRENT SCHOOL YEAR. SUCH REPORT SHALL INCLUDE, BUT NOT
 BE LIMITED TO: (I) THE NUMBER OF FULL AND PART-TIME  SCHOOL  COUNSELORS,
 SCHOOL  SOCIAL WORKERS AND SCHOOL PSYCHOLOGISTS IN EACH SCHOOL, (II) THE
 RATIO OF STUDENTS TO THE NUMBER  OF  SCHOOL  COUNSELORS,  THE  RATIO  OF
 STUDENTS  TO  THE  NUMBER  OF  SCHOOL  SOCIAL  WORKERS, AND THE RATIO OF
 STUDENTS TO THE NUMBER OF SCHOOL PSYCHOLOGISTS IN EACH SCHOOL, AND (III)
 WHETHER THE SCHOOL COUNSELOR, SCHOOL SOCIAL WORKER  OR  SCHOOL  PSYCHOL-
 OGIST IS PROVIDING COUNSELING ASSISTANCE TO MORE THAN ONE SCHOOL.
   B.  AFTER  SUCH  REPORT  IS  ISSUED,  THE COMMISSIONER SHALL PREPARE A
 PROPOSAL ON HOW TO INCREASE THE  NUMBER  OF  SCHOOL  COUNSELORS,  SCHOOL
 SOCIAL  WORKERS AND SCHOOL PSYCHOLOGISTS TO MEET THE NATIONALLY ACCEPTED
 RATIO OF STUDENTS TO THE NUMBER OF SCHOOL COUNSELORS, RATIO OF  STUDENTS
 TO  THE  NUMBER  OF  SCHOOL SOCIAL WORKERS, AND RATIO OF STUDENTS TO THE
 NUMBER OF SCHOOL PSYCHOLOGISTS WITHIN  NEW  YORK  STATE  SUCH  AS  THOSE
 RECOMMENDED BY THE SCHOOL SOCIAL WORK ASSOCIATION OF AMERICA, THE AMERI-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14936-05-8

 S. 7838--A                          2

 CAN SCHOOL COUNSELORS ASSOCIATION AND THE NATIONAL ASSOCIATION OF SCHOOL
 PSYCHOLOGISTS. WHEN PREPARING SUCH PROPOSAL, THE COMMISSIONER SHALL TAKE
 INTO CONSIDERATION THE SPECIFIC NEEDS OF INDIVIDUAL SCHOOL DISTRICTS AND
 THE REGION IN WHICH SUCH SCHOOL DISTRICT IS LOCATED.
   C.  FOR  PURPOSES  OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (I) "SCHOOL COUNSELOR" SHALL MEAN ANY PERSONNEL, LICENSED  AND  CERTI-
 FIED  BY NEW YORK STATE AS SCHOOL COUNSELOR, HIRED TO PROVIDE INDIVIDUAL
 OR GROUP COUNSELING ASSISTANCE TO STUDENTS IN THE ELEMENTARY, MIDDLE, OR
 HIGH SCHOOL GRADES;
   (II) "SCHOOL SOCIAL WORKER" SHALL MEAN  ANY  PERSONNEL,  LICENSED  AND
 CERTIFIED  BY NEW YORK STATE AS A SCHOOL SOCIAL WORKER, HIRED TO PROVIDE
 INDIVIDUAL OR GROUP COUNSELING ASSISTANCE TO STUDENTS IN THE ELEMENTARY,
 MIDDLE, OR HIGH SCHOOL GRADES; AND
   (III) "SCHOOL PSYCHOLOGIST" SHALL MEAN  ANY  PERSONNEL,  LICENSED  AND
 CERTIFIED  BY  NEW YORK STATE AS A SCHOOL PSYCHOLOGIST, HIRED TO PROVIDE
 INDIVIDUAL OR GROUP COUNSELING ASSISTANCE TO STUDENTS IN THE ELEMENTARY,
 MIDDLE, OR HIGH SCHOOL GRADES.
   § 2. Section 3602 of the education law is  amended  by  adding  a  new
 subdivision 19 to read as follows:
   19.  IN  ADDITION  TO  THE APPORTIONMENTS PAYABLE TO A SCHOOL DISTRICT
 PURSUANT TO THIS SECTION,  THE  COMMISSIONER  IS  HEREBY  AUTHORIZED  TO
 APPORTION  TO ANY SCHOOL DISTRICT ADDITIONAL AID PURSUANT TO THIS SUBDI-
 VISION FOR ITS APPROVED EXPENDITURES IN THE BASE YEAR FOR THE EMPLOYMENT
 OF SCHOOL COUNSELORS, SCHOOL SOCIAL WORKERS AND/OR SCHOOL PSYCHOLOGISTS.
 THE COMMISSIONER SHALL ANNUALLY PRESCRIBE  A  COST  ALLOWANCE  FOR  SUCH
 SCHOOL COUNSELORS, SCHOOL SOCIAL WORKERS AND/OR SCHOOL PSYCHOLOGISTS AND
 THE APPROVED EXPENDITURES SHALL NOT EXCEED SUCH COST ALLOWANCE.
   § 3. This act shall take effect immediately.