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The Florida Counseling Association's Government Relations Program educates and informs legislators and other decision makers on issues of concern to FCA. The program also keeps FCA members up to date on state legislative proposals that affect our profession. The Government Relations Program is involved in numerous activities. We need members throughout the state to dedicate time and effort to our profession. We will be working with legislators to introduce new legislation as well as to work to change existing legislation.
Eric Prutsman is our new legislative consultant in Tallahassee. Eric is primarily responsible for monitoring legislation and presenting the viewpoints of our association through direct lobbying and personal communication.
The Government Relations Program also partners with the Coalition for Education of Exceptional Students (CEES), the Secondary School Principals, State Parent Teacher Associations, and the Florida Children's Home Society to provide a strong voice for counselors and their clients.
2009 FCA LEGISLATIVE PLATFORM
Florida Counselors will continue to be directly impacted at the federal and state level with impending budget cuts. The FCA goal is to welcome legislators to the 2008-2009 legislative year, increase legislators' awareness of the impact of counselors on their constituents, and offer assistance in providing legislators information regarding the role of counselors in various work settings.
FCA will continue monitoring new policy and legislative issues with the support
and assistance of our lobbyist, Eric Prutsman. As issues arise which affect our association members or as FCA identifies counseling issues, FCA will work to develop and pass the necessary legislation.
Legislative Training Schedule
Osceola County High School Counselors - August 2007
Volusia / Flagler County Counseling Association - November 2007 and May 2008
Nova University, Guidance & Counseling Program Grad Students - February 2008
Collier, Charlotte, and Lee County Counseling Associations - February 2008
Pinellas Counseling Association - Request for services to be scheduled
Broward Counseling Association - Request for services to be scheduled
Consultation or in-district presentations can be arranged or if assistance is needed in conducting or setting up visits with your legislators, please contact:
Tom Johnston, Co-chair
FCA Legislative and Public Policy Committee
Tjohn0624@aol.com
Cell # 407-227-6669
Legislative Summary 2008
Click here to print a copy of the Legislative Summary 2008
The 2008 Legislative Session was one that no one will want to repeat. With nearly $7 billion less in state revenue than the year before, no legislator wanted to send home the bad news that everyone would have to do more with less. Budget cuts hit everyone, in every part of the budget. Ten percent cuts to recurring dollars were common. Programs funded by the $3 billion of non-recurring dollars last year (no matter how important) were literally wiped out.
Legislators focused on the budget and spent little time on other substantive matters. Bills were passed, but far fewer than in year's past. The "bullying" bill finally passed, as did the "annual education legislative train", and a few other bills of interest. Below is a detailed summary of some of the bills that FCA supported or monitored this past Session:
HB 669 - School Safety
The bill creates the “Jeffrey Johnston Stand Up for All Students Act” which prohibits the bullying or harassment of any public K-12 student or employee during a public K-12 education program or activity; during a school-related or school-sponsored program or activity; on a public K-12 school bus; or through a public K-12 computer, computer system, or computer network.
The Department of Education (DOE), by October 1, 2008, must adopt a model policy prohibiting bullying and harassment. By December 1, 2008, each school district is required to adopt a bullying and harassment policy in substantial conformity with DOE’s model policy.
For the 2009-2010 school year, the bill directs that a school district’s Safe Schools funding is contingent upon DOE’s approval of the district’s bullying and harassment policy.
The bill specifies that DOE shall approve a district’s policy if it is in substantial conformity with DOE’s model policy.
Beginning with the 2010-2011 school year, a school district’s annual allocation of Safe Schools funding is contingent upon the district’s compliance with requirements for submitting reports of bullying and harassment to DOE as part of the district’s reports of safety and discipline data.
The bill requires the Commissioner of Education to submit an annual report to the Governor and Legislature which includes data on the district reports of bullying and harassment.
The bill provides limited civil immunity for a school employee, volunteer, student, or parent who reports bullying or harassment in good faith.
Subject to the Governor's veto powers, the effective date of this bill is upon becoming a law.
CS/SB 1908 - Education
The bill requires the State Board of Education to review the Sunshine State Standards, replace them by December 31, 2011, with “Next Generation Sunshine State Standards,” and establish a schedule for the periodic revision of the standards. The Next Generation standards must be rigorous, provide increased content specificity, and establish grade-by-grade expectations in kindergarten through grade 8 for language arts, science, mathematics, and social studies. High school standards for these subjects may be organized by grade clusters. The Commissioner of Education must develop the proposed standards in consultation with curricular content experts, Florida teachers, and other stakeholders.
The bill revises the calculation of school grades for high schools. Fifty percent of a high school’s grade continues to be based on student performance on the Florida Comprehensive Assessment Test (FCAT).
The remaining 50 percent will be based on several factors, including high school graduation rates; graduation rates of at-risk students; student participation and performance in Advanced Placement (AP), International Baccalaureate (IB), Advanced International Certificate of Education (AICE), and dual enrollment courses; and industry certifications.
The bill revises the statewide assessment program by authorizing end-of-course assessments to be administered in addition to FCAT assessments, eliminating the norm-referenced test sections of the FCAT, and revising the types of test items included in the FCAT writing assessment. The assessment schedule must require the FCAT to be administered later in the school year (not before March 15 for the writing assessment or April 15 for other assessments). The bill also allows the commissioner to discontinue outdated assessments (e.g., high school equivalency test).
School districts must prohibit each public school from suspending a regular program of curricula in order to administer practice tests or engage in other test-preparation activities for a statewide assessment.
Finally, the bill includes provisions that:
• Authorize a school to receive Florida School Recognition Program funds, if the school improves two or more letter grades and maintains the improvement in the following school year;
• Add flexibility in the methods (e.g., direct deposit, check, debit card, or purchasing card) by which funds are distributed to teachers under the Florida Teachers Lead Program for the purchase of classroom materials and supplies;
• Allow a practical arts course, which incorporates artistic content and techniques, to satisfy the graduation requirement for one credit in fine or performing arts;
• Establish the Florida Ready to Work Credential, which is awarded as a bronze, silver, or gold level credential based on the student’s score on specified career preparatory assessments;
• Allow an educator to obtain certification to teach a world language other than the four languages (Spanish, French, German, and Latin) for which the Department of Education currently offers a subject area test through passage of national examinations administered by the American Council on the Teaching of Foreign Languages;
• Require postsecondary educational institutions to assign letter grades for dual enrollment courses and require school districts to post the assigned grades to the student’s high school transcript;
• Require a high school diploma to include designations for the student’s major area of interest; completion of four or more accelerated college credit courses (AP, IB, AICE, or dual enrollment); career education certification; and the Florida Ready to Work Credential;
• Require high schools to evaluate certain students for college readiness before grade 12 using the college placement test, or an equivalent assessment, and, if remediation is indicated, provide the student with the opportunity for remedial instruction before graduation from high school;
• Exempts a school from receiving a school grade (or school improvement rating), if the number of students tested is less than the minimum sample necessary for statistical reliability and protection of personally identifiable student data;
• Require a school district to forfeit Florida School Recognition Program funds for 1 fiscal year if the district fails to assign an alternative school student’s FCAT scores to the alternative school or “home school,” which the bill defines as the school the student would be assigned if not assigned to an alternative school;
• Exempt adult students enrolled in an apprenticeship program from completing an entry-level examination;
• Require each school district to conduct an annual review of a student’s electronic personal education plan;
• Express legislative intent that the K-20 education accountability system must comply with the federal Individuals with Disabilities Education Act (IDEA);
• Clarify that members of a school advisory council may not be employed by the school district; and
• Require school cafeterias to post sanitation certificates and inspection reports.
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008, except as otherwise provided in the bill.
HB 5083 – Education Fiscal Policy
The bill amends sections 121.021 and 1012.72, Florida Statutes, limiting the Excellent Teaching Program bonuses to one 10-year period and deleting authority to fund the certification fee, portfolio incentive, and the Florida Retirement System contribution. In the event of insufficient funds, the mentoring bonuses will be prorated; however local school district funds may be used to fund the bonuses.
The bill amends sections 220.187 and 1008.22, Florida Statutes, deleting norm-referenced test requirements from statute. Effective for Fiscal Year 2008-09 only, section 1001.451, Florida Statutes, is amended to allow for the proration of education consortium membership incentive grants.
The bill amends section 1002.33, Florida Statutes, prohibiting school districts from including Merit Award Program funds in the calculation of school district administrative fees.
Section 1012.225, Florida Statutes, is amended extending by one year, to October 1, 2008, the deadline for submitting 2008-09 Merit Award Program plans. Section 1003.03, Florida Statutes, is amended extending to 2008-09 class size compliance at the school level. The bill amends section 1007.271, Florida Statutes, deleting obsolete language concerning reporting dual enrollment FTE.
Several revisions relating to the Florida Education Finance Program (FEFP) are made to section 1011.62, Florida Statutes. The current practice for the calculation of FTE for dual enrollment instruction is codified. The value of the additional FTE weight calculated for one credit courses is decreased from .24 to .16 for International Baccalaureate, Advanced Placement, and Advanced International Certificate of Education programs. One-half credit courses are decreased from .12 to .08. The additional FTE weight of .088 for the completion of high school level algebra courses in middle school is eliminated.
The requirements for earning the additional FTE weight for career industry certification are revised to include the highest level of industry certification and a high school diploma. The industry certification appropriation is revised from $30 million to $15 million. School district fiscal year FEFP revenues are aligned with school district expenditures by requiring that the school tax roll used in the FEFP final calculation shall be the tax roll used in the final calculation. Flexibility to use Instructional Materials and research-based reading allocations for academic classroom instruction is extended to 2008-09. The percentage of declining enrollment that is eligible for funding is specified in the General Appropriations Act.
The bill amends section 1011.71, Florida Statutes, revising the capital outlay millage cap from 2.0 mills to 1.75 mills and authorizing up to .25 mills of the taxable value for school purposes to be available for lease-purchase agreements. The bill extends to 2008-09 the flexibility to use up to $65 per FTE in capital outlay funds to purchase certain motor vehicles and to pay property and casualty insurance premiums. This statutory modification expires July 1, 2009. The bill amends 1013.45, Florida Statutes, requiring the use of prototype design and construction when a district’s five-year plan includes two schools in the same grade group.
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.
CS/HB 803 - Licensure of Psychologists
The bill requires the Board of Psychology (board) to close the application file of an applicant for licensure who fails to pass the national psychology exam and the state laws and rules exam, or who fails to complete the required post-doctoral supervision, within 24 months.
The bill requires the board to implement a procedure for an applicant to apply for an extension beyond 24 months.
The bill also allows the board to create a rule that will allow an individual who completes the required post-doctoral supervision to continue to practice under supervision of a licensed psychologist as long as the individual has a current application on file and no final order of denial has been issued.
Subject to the Governor’s veto powers, the effective date of this bill is January 1, 2009.
HB 35 - Social Worker Identification
The bill amends s. 491.003, F.S., to create the definition of “social worker” in the Clinical, Counseling, and Psychotherapy Services Act. The bill defines “social worker” to mean a person who has a bachelor’s, master’s, or doctoral degree in social work.
The bill prohibits a social worker from conducting clinical social work unless he or she is licensed or certified pursuant to Chapter 491, F.S.
The bill provides title protection for persons who meet specified criteria as a social worker. The bill requires a social worker to have a bachelor’s or master’s degree from an institution accredited by the Council on Social Work Education or an equivalent foreign institution whose equivalency is determined by the Council on Social Work Education. The bill provides that it is a misdemeanor of the first degree for persons to hold themselves out to the public, for or without compensation, as a social worker.
The bill exempts persons who have used the title “social worker” in their employment, prior to July 1, 2007, from provisions of the bill. Employees who provide social work services under administrative supervision at long-term care facilities licensed by the Agency for Health Care Administration are also exempt from the provisions of the bill.
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.
Click here to print a copy of the Legislative Summary 2008
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WHAT'S HAPPENING WITH YOUR ASSOCIATION . . .
FCA LEGISLATIVE PLATFORM
Below is the 2008 FCA Legislative Platform which was created by the FCA Legislative Committee consisting of representatives from all of FCA’s divisions. Although, the issues outlined below will be the primary focus of FCA’s legislative efforts for the 2008 legislative session, FCA will be vigilant in monitoring any issue of interest to our members which may arise during the year.
We have been informed by the FCA lobbyist to expect continuing budget cuts by the state legislature amounting to a possible total of three or four billion dollars. Counseling services in the school systems and local communities are undoubtedly at risk of funding cuts. Given this situation, it is critical that counselors in all work settings throughout the state visit with their legislators before the legislative session begins in March in an effort to build awareness of how we make a difference in the lives of the children and adults we serve. The FCA lobbyist, Eric Prutsman, will be monitoring legislative activity on our behalf and updating the FCA leadership frequently before and during the 2008 legislative session. FCA will be sending representatives to Tallahassee to meet with legislators and other policy makers during the 2008 legislative session to advocate for our platform and other issues pertinent to our membership. Your legislator’s contact information can be found via the internet using the following directions:
FIND YOUR LEGISLATOR
Log onto: myflorida.com
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