S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3576
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M. of A. GUNTHER, FINCH -- read once and referred 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
 INTO CONSIDERATION THE SPECIFIC NEEDS OF INDIVIDUAL SCHOOL DISTRICTS AND
 THE REGION IN WHICH SUCH SCHOOL DISTRICT IS LOCATED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01636-01-9

 A. 3576                             2
 
   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.