NY State Senate Bill 2019-S1409

Senate Bill S1409

2019-2020 Legislative Session

Requires the department of education to report information regarding counselors, social workers and psychologists in schools

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 26, 2019	recommit, enacting clause stricken
Jan 14, 2019	referred to education

co-Sponsors

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2019-S1409 (ACTIVE) - Details

See Assembly Version of this Bill:: A3576
Law Section:: Education Law
Laws Affected:: Amd §§305 & 3602, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7838, A10387
2021-2022: A63
2023-2024: A902

2019-S1409 (ACTIVE) - Summary

Requires the department of education to report information regarding counselors, social workers and psychologists in schools and to implement a plan to increase the school counselor, school social worker and school psychologist to student ratio to nationally accepted standards and provide funding for such.

2019-S1409 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1409

SPONSOR: RITCHIE
 
TITLE OF BILL:

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

 
PURPOSE:

To gather information in order to provide better counseling services to
our students throughout the state by ensuring the state meets the
nationally accepted level of school counselors, school social workers,
and school psychologists per school here.

 
SUMMARY OF PROVISIONS:

Section 1 adds new subdivision 57 to section 305, which directs the
commissioner of education to submit a report to the governor, temporary
president of the senate, and the speaker of the assembly, and specifies

the data the commissioner must include in such report.  Following the
report, the commissioner must develop a proposal to increase the number
of school counselors, school social workers, and school psychologists to
meet nationally accepted counseling professional to student ratios in
New York State.

Section 2 provides the effective date.

 
JUSTIFICATION:

Recent, alarming incidents of school shootings have shone a glaring
spotlight on the connection between school violence and mental illness.
Data shows that one in five students suffers some effects of mental
illness. Students facing stress from personal, academic, social,
emotional, bullying, mental illness and other challenges, who might
otherwise turn to drugs or violence, can benefit from improved access to
mental health services that, in turn, can help to make our schools
safer.

When considering the counseling needs of our students, the American
School Counselor Association recommends a ratio of 1:250 school counse-
lors to students; in New York, the ration is more than twice that, at
1:635 school counselors. Similarly, the School Social Work Association
of America recommends a ratio of 1:250 school social workers to
students, and an even lower ratio of 1:50 where students require more
intensive care. The National Association of School Psychologists recom-
mends a ratio of 1:500-700 school psychologists to students, a ratio
that New York met in the 2009-2010 school year with a ratio of 1:600.
Each of these minimum standards was affirmed in the wake of the tragic
school shooting in Newtown, Connecticut, in 2012.

With the guidance of school counselors, school social workers, and
school psychologists, students stand a greater chance to succeed in
their education and establishing a concrete path to their futures.  This
bill seeks to increase access to mental health services in our schools
by first tracking the number of school counselors, school social work-
ers, and school psychologists who serve students throughout the state,
and directs the state Education Commissioner to develop a plan to
achieve nationally accepted professional-to-student ratios in every
district and region.

The bill also recognizes the state's interest in ensuring safer schools
provides and provides that any additional expense incurred by local
districts in meeting the standards for school counselors, psychologists
and social workers should be reimbursed by the state.

 
LEGISLATIVE HISTORY:

2018: S.7838A - Passed Senate.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1409 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1409
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sens. RITCHIE, AKSHAR, FUNKE, GALLIVAN, HELMING, JACOBS,
   ORTT, RANZENHOFER, ROBACH, SEWARD -- read twice and  ordered  printed,
   and when printed to be committed to the Committee on Education
 
 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-
 CAN SCHOOL COUNSELORS ASSOCIATION AND THE NATIONAL ASSOCIATION OF SCHOOL
 PSYCHOLOGISTS. WHEN PREPARING SUCH PROPOSAL, THE COMMISSIONER SHALL TAKE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01636-01-9

 S. 1409                             2
 
 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.

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