
H. B. 4041



(By Delegates Boggs, Hubbard,



Manuel and Poling)



[Introduced January 16, 2002; referred to the



Committee on Education then Finance.]
A BILL to amend and reenact section eighteen-b, article five,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend article
four, chapter eighteen-a of said code by adding thereto a new
section, designated section two-b, all relating to setting
rules by the state board regarding the activities of school
counselors that conform to the national standards for school
counseling programs established by the American school
counselor association, and establishing a state minimum salary
supplement for school counselors who hold certification by the
national board of certified counselors or who are licensed
counselors.
Be it enacted by the Legislature of West Virginia:

That section eighteen-b, article five, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that article four, chapter
eighteen-a of said code be amended by adding thereto a new section,
designated section two-b, to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-18b. School counselors in public schools.

(a) The Legislature finds that school counselors have great
potential to impact the learning and lives of a wide population of
children through academic development, career development and
personal social development. Therefore, high quality school
counseling services are essential for students to achieve optimal
personal growth, acquire positive social skills and values, set
appropriate career goals and realize full academic potential to
become productive, contributing members of the world community.
Furthermore, parents, teachers and society expect school counselors
to work directly with children, helping them cope with the complex
issues affecting them in today's world.

(b) A school counselor means a professional educator who holds
a valid school counselor's certificate in accordance with article three of chapter eighteen-a of this code.





(c) Each county board of education by the school year one
thousand nine hundred eighty-seven--eighty-eight, shall provide
counseling services for each pupil enrolled in the public schools
of the county. By the school year two thousand ten, and
thereafter, the recommended number of students per counselor shall
be two hundred fifty. If the number of students for whom a
counselor is responsible exceeds two hundred seventy-five, the
counselor shall be paid an additional salary supplement of five
hundred dollars for the school year, which supplement shall be
increased by an additional five hundred dollars for each additional
twenty-five students.





(d) The school counselor shall work with individual pupils and
groups of pupils in providing developmental, preventive and
remedial guidance and counseling programs to meet academic, social,
emotional and physical needs in accordance with the rules
established by the state board; including programs to identify and
address the problem of potential school dropouts. The school
counselor may also provide consultant services for parents,
teachers and administrators and may use outside referral services
when appropriate if no additional cost is incurred by the county board.





(e) The state board may shall adopt rules and regulations
regarding the activities of the school counselor, and the school
counselor is authorized to shall perform such services as are not
inconsistent therewith. The rules adopted by the state board shall
conform to the extent practicable to the national standards for
school counseling programs established by the American school
counselor association. The rules shall further include: (1)
Minimum standards for the supervision of counseling services at the
state and county level to ensure a uniform high quality in the
delivery of counseling service to all students; and (2) minimum
required annual staff development approved by the department of
education for all counselors employed in the public schools.





(f) Each county board of education shall develop a
comprehensive drop-out prevention program utilizing the expertise
of school counselors and any other appropriate resources available.





(g) School counselors shall be full-time professional
personnel, shall spend at least seventy-five percent of work time
in a direct counseling relationship with pupils, and shall devote
no more than one fourth of the work day to administrative
activities Provided, That such activities are counselor related to the administration of the counseling program.





(h) Nothing herein shall prohibit a county board from
exceeding the provisions of this section.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-2b. State minimum salary supplement for certified and
licensed school counselors.

(a) The Legislature finds that school counselors who meet the
requirements for national certification through the national board
for certified counselors or who are licensed professional
counselors in this state are highly trained and capable employees
who provide needed services to the school students of this state.
The purpose of this section is to create an incentive for all
school counselors to increase their professional knowledge and
skills by providing an additional statewide supplement to school
counselors who hold national certification by the national board
of certified counselors and school counselors who are licensed
professional counselors in this state, or both.

(b) In addition to any amounts prescribed in the applicable
state minimum salary schedule, each professional educator employed
as a school counselor who holds national certification by the national board for certified counselors or who is a licensed
professional counselor in this state, or both shall be paid
annually a supplement of two thousand five hundred dollars. The
payments shall be paid in equal monthly installments and shall be
considered a part of the state minimum salaries for teachers.

NOTE: The purpose of this bill is
to set rules by the state
board regarding the activities of school counselors that conform
to the National Standards for School Counseling Programs
established by the American School Counselor Association, and
establishing a state minimum salary supplement for school
counselors who hold certification by the National Board of
Certified Counselors or who are licensed counselors.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.

18A-4-2b is new; therefore, strike-throughs and underscoring
have been omitted.
