EDG 6305 Legal Guide by Kathryn Roberts https://padlet.com/kroberts257/uzslyp0dpxjp88d2 School Counselor Use of Time Created by Katy Roberts en-us 2023-10-08 20:52:17 UTC 2023-10-09 02:01:18 UTC hello@padlet.com https://padlet-uploads.storage.googleapis.com/1728173054/0a6ec7ad416b7a3f0ad22bf0d9f93466/Katy_Roberts_Professional_Picture.jpeg Slide #1 Professional Perspective kroberts257 https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737333620 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.]]> 2023-10-08 21:11:32 UTC https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737333620 Slide #2 Practical Summary kroberts257 https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737333715 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 ]]> 2023-10-08 21:11:46 UTC https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737333715 Slide #3 Professional Association kroberts257 https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737333791 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]]> 2023-10-08 21:11:55 UTC https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737333791 Slide #4 Current News Article kroberts257 https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737333887 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/


]]> 2023-10-08 21:12:10 UTC https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737333887 Slide #5 Current News Article kroberts257 https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737333948 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



]]> 2023-10-08 21:12:21 UTC https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737333948 Slide #6 Constitutional Law kroberts257 https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737334594
  • 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. 

    • ]]>     2023-10-08 21:13:50 UTC https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737334594     Slide #7 Statutory Law kroberts257 https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737334668
  • 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. 

    • ]]>     2023-10-08 21:13:58 UTC https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737334668     Slide #8 Administrative Law kroberts257 https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737334773
  • 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. 

    • ]]>     2023-10-08 21:14:06 UTC https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737334773     Slide #9 Judicial Law kroberts257 https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737334833
  • 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.

    • ]]>     2023-10-08 21:14:14 UTC https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737334833     Slide #10 School or Organization Policy kroberts257 https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737334916
  • 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. 

    ]]>     2023-10-08 21:14:28 UTC https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737334916     Slide #11 Ethical Principles kroberts257 https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737334993 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

    ]]>     2023-10-08 21:14:39 UTC https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737334993     Slide #12 Non-Law Source kroberts257 https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737335054 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


    ]]>     2023-10-08 21:14:49 UTC https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737335054     Slide #13 Recommendations/Best Practices kroberts257 https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737335129 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.
    ]]>     2023-10-08 21:15:00 UTC https://padlet.com/kroberts257/uzslyp0dpxjp88d2/wish/2737335129