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I am a student advisor at my elementary school, but upon finishing my master's degree in professional school counseling, I will stay in my role and my title will change to school counselor.

School counselors have obligations to the students in our schools. In order to efficiently help students in schools, school counselors should be spending the majority of their time in schools completing tasks related to school counseling.

This legal guide serves as an information post for school counselors to use in order to advocate for their roles and responsibilities towards students.

I chose this topic because the state of Texas passed a bill in 2021 requiring school counselors to use at least 80 percent of their time on school counseling duties due to the rise in social and emotional needs of students.

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School counselors and their use of time is an important topic related to school counseling because student mental health needs are increasing. The United States Department of Education report on mental health has found that students have had an increase in mental health services since the pandemic. 70 percent of students have sought mental health services since the beginning of the COVID-19 pandemic (USDE, 2021).

Schools should be able to present a use-of-time report to Texas if audited by the state. The Texas Education Agency requires districts to assess the district's compliance on request per TEC § 33.006(h). If a district cannot comply with this law, they must provide what duties the school counselor must complete outside school counseling duties and why.

The needs of students and the responsive services counselors must provide them is high. As students continue to need more support to help them, school counselors need to protect and advocate for their time.

References:
School Counselors; General Duties, Tex. Educ. Code § 33.006(h)

US Department of Education. (2021). Supporting child and student social, emotional, behavioral and mental health during COVID-19 era. www2.ed.gov/documents/students/supporting-child-student-social-emotional-behavioral-mental-health.pdf

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The American School Counselor Association (ASCA) includes information in the National Model that recommends that school counselors spend 80% or more of their time providing direct or indirect services to students (American School Counselor Association, 2023).

This statement is a part of the position statements from ASCA regarding the school counselor's role. Direct services are face-to-face or virtual sessions with school counselors, including instruction, appraisal and advisement, and counseling. Indirect services are on behalf of students through consultation, collaboration, and referrals (American School Counselor Association, 2023).

Reference:
American School Counselor Association. 2023. The school counselor and school counseling programs. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-School-Counseling-Program

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School Counselors Matter

Counselors provide social-emotional and academic support to students.

Students of color and students from low-income families benefit greatly from having a school counselor who meets ratios and more time.

The link between post-secondary education and access to a school counselor is high.

American School Counselor Association (ASCA) recommends a 250:1, but the nationwide average is 464:1.

80 percent of the time should be working directly or indirectly for students.

Students of color and students from low-income need more access to counselors than their counterparts.

If there is inadequacy in the state or district, there are some questions to ask.

If there is inequity in the state or district, there are some questions to ask.

References:
EdTrust. (2019). School counselors matter. https://edtrust.org/resource/school-counselors-matter/

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New Law Changes How School Counselors Spend Their Day

A Virginia law went into effect on July 1, 2023, concerning how school counselor spend their time.

Senate Bill 1043 states that every school counselor must spend at least 80% of their time directly counseling individual students or groups.

The other 20% should be used for program planning and school support.

School counselors are no longer a part of test administration, lunch and recess duty, substitute teaching, or other administrative duties.

Post-pandemic reports showed an increasing need for school counselors.

References:
Gustin, A. (2023, July 28). New law changes how school counselors spend their day. LoudounNow. https://www.loudounnow.com/news/new-law-changes-how-school-counselors-spend-their-day/article_b2ad0b3a-2d7e-11ee-9dbd-8ff5b5ccf15c.html

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A new Virginia law that went into effect July 1 could change the way school counselors spend their time in schools this year.

Senate Bill 1043 states every school counselor employed by a school board in a public elementary or secondary school needs to spend at least 80% of their time during normal school hours in direct counseling of individual students or groups of students. It also allows for up to 20% of their day be used for program planning and school support.

Direct counseling includes curriculum lessons and activities, individual counseling, small group counseling, crisis counseling, appraisal and advisement and consultation, collaboration, and referrals, according to the Virginia Department of Education.

This means school counselors will no longer be available for non-counseling duties like test administration, lunch and recess duty, substitute teaching, or other administrative duties.

The law lays out consistent statewide definitions and expectations for licensed professional school counselors and further defines the role of the school counselor that was established in a bill in the 2019 General Assembly, according to the VDOE. The 2019 bill changed the requirements for how a school counselor's day was divided up from 60% of their day in direct counseling of students to 80%. Despite the 2019 change, school counseling services varied drastically from school to school across the state. That discrepancy was only increased by the Covid-19 pandemic, according to the VDOE.

In 2022 a Joint Legislative and Auditing Review Committee presented a report to the governor and the General Assembly on the Covid-19 pandemics impact on K-12 education in the state. Among the many concerns noted in the report, were increasing mental health needs among students. The report stated that for most students a school counselor would be the only licensed mental health professional they might ever interact with. That concern, coupled with the increased need for post pandemic mental health care, led to the committee's recommendation that the General Assembly change the rules for direct school counseling services.

Senate Bill 1043 adds to what was put in place in 2019 by including a provision that time not spent in direct counseling be spent on program planning and school support.

The updated code defines programming and support as "the act of defining, planning, managing and assessing school counseling activities." This includes reviewing data, creating annual student outcome goals, creating action plans and results reports, holding administrative conferences and creating annual and weekly calendars, according to the VDOE.

Another recommendation from the 2022 JLARC report included in the bill is the requirement that the VDOE work with the Department of Behavioral Health and Developmental Services and the Department of Medical Assistance Services to develop and adopt a model memorandum of understanding between school boards and either a public or private community mental health services providers. The MOU would outline mental health services that are to be provided to students enrolled in public schools within the division by those providers.

According to the bill, the MOU needs to be given to each school board by the start of the 2023-2024 school year.

The bill gives school divisions time to fill vacant school psychologist positions by allowing school boards to hire clinical, licensed psychologists under a provisional license-another recommendation from the JLARC report- for three years with up to a two-year extension if the psychologist agrees to become a fully licensed school psychologist.

"LCPS has been following national best standards in counseling for several years and will continue to provide students the best care and support as they pursue their education," division spokesperson Dan Adams said.

He said the staff will review the new legislation and policies for adoption.

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New Law Changes How School Counselors Spend Their Day

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A new Virginia law that went into effect July 1 could change the way school counselors spend their time in schools this year.

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Education: Support and maintenance of a system of public free schools

Tex Const. art. 7, § 1.

Constitutional

https://statutes.capitol.texas.gov/Docs/SDocs/THETEXASCONSTITUTION.pdf

This law is a constitutional law that describes the support and maintenance of public free schools. The state of Texas put into the Texas Constitution that there is to be suitable provision for public free schools. School counselors are a part of the school systems in Texas.

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School Counselors; General Duties

Tex. Educ. Code § 33.006

Statutory

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm

This law is statutory. Each school district should have a policy that requires school counselors to spend at least 80 percent of their time on duties that are part of a comprehensive school counseling program. School districts should annually check for compliance by looking at school records and schedules.

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Commissioner’s Rules Concerning Counseling Public School Students

Tex. Admin. Code § 61.1073

Administrative

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=61&rl=1073

This administrative law requires school districts to annually check for compliance on school counselors spending at least 80 percent of their time on counseling duties. School counselors are required to track their justification of time under this law.

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B.D. by and through B.D. v. Cornwall Lebanon School District

B.D. by and through B.D. v. Cornwall Lebanon School District, 2021

Judicial

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm

This judicial case from the United States District Court for the Middle District of Pennsylvania was published on April 5, 2021. The parents of a student, B.D., argued that their child was not provided with a Free and Appropriate Public Education (FAPE) and was not provided the services needed to help the student. In the ruling of this case, it was decided the school counselor would be written in to the child's Individualized Education Plan (IEP) to see the school counselor weekly, have access to the school counselor, and have an emotional support teacher. This ties to the use of school counselor time. If school counselors are not allotted enough time to complete their jobs due to unrelated duties given, they cannot provide the services necessary to help students.

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B.D. v. Cornwall Leb. Sch. Dist., No. 1:20-cv-01944 | Casetext Search + Citator

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Read B.D. v. Cornwall Leb. Sch. Dist., No. 1:20-cv-01944, see flags on bad law, and search Casetext’s comprehensive legal database

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Hughes Springs ISD Comprehensive School Counseling Program Framework

Hughes Springs ISD. (2021). Comprehensive school counseling program framework program curriculum sequence. https://www.hsisd.net/upload/page/0040/docs/2021-2022CounselorPlan.pdf

Administrative

https://www.hsisd.net/upload/page/0040/docs/2021-2022CounselorPlan.pdf

Hughes Springs ISD has a comprehensive school counseling program framework that outlines the program and sequence. The major responsibilities and duties are outlined to have 70-80% of duties completed by the counselor in a school counseling program. It also states that other non-counseling jobs should be 20-30% of the counselor’s role.

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ASCA Ethical Standards for School Counselors
Standard B.2.c. School counselors advocate for a school counseling program free of non-school-counseling assignments identified by "The ASCA National Model: A Framework for School Counseling Programs."

This ethical standard is designed for school counselors to be able to advocate for their role as school counselors and to take items off the plate of counselors that are not related to school counseling. If school counselors consistently complete tasks that are not a part of school counseling roles and responsibilities, they will not have time to help students efficiently.

References:
American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

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TEA Supports for the School Counseling 80/20 Policy

The Texas Education Agency completed training in August 2023 regarding the 80/20 policy through a webinar. They have published the training slideshow for school counselors and administrators to use with links to appropriate documents and information regarding the laws. This training document also provides resources for how schools can implement the 80/20 rule. There is a use of time tracker resources for school counselors to monitor their use of time. The state could require these trackers if they are audited. There are suggestions for removing non-counseling duties from the school counselor's plate.

This resource is one I will keep and continue referring back to to comply with the laws surrounding the use of time for school counselors.

References:
Lerner, S. (2023). TEA supports for the school counseling 80/20 policy. Texas Education Agency. https://tea.co1.qualtrics.com/CP/File.php?F=F_51gzv4aqhHi4B3o

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Based on the information above, some recommendations for best practices for school counselors include:

School counselors should use a time tracker to document how they are spending their time.

School counselors should have open conversations with campus administrators about their time use.

School counselors should advocate for appropriate duties to the school board, administrators, and other teachers.

School counselors should be prepared to share their time trackers with key school stakeholders.

School counselors should know the appropriate duties they should be completing based on The Texas Model for Comprehensive School Counseling Programs.

School counselors need to advocate for the needs of their students and how they can best support them through direct and indirect services.