Elementary professional school counselors; allocate funds under the Mississippi Student Funding Formula for.

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To: Education;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Scott

HOUSE BILL NO. 172

AN ACT TO AMEND SECTION 37-9-79, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE AN ALLOCATION OF FUNDS UNDER THE MISSISSIPPI STUDENT 2
FUNDING FORMULA FOR THE PURPOSE OF EMPLOYING ELEMENTARY 3
PROFESSIONAL SCHOOL COUNSELORS; TO REQUIRE THE FUNDS TO BE 4
ALLOCATED TO THOSE SCHOOL DISTRICTS HAVING THE HIGHEST DOCUMENTED 5
NEED FOR COUNSELORS; TO PROVIDE AN ADDITIONAL ALLOCATION OF FUNDS 6
IN EACH SUBSEQUENT FISCAL YEAR UNTIL EACH ELEMENTARY SCHOOL HAS 7
EMPLOYED AT LEAST ONE PROFESSIONAL SCHOOL COUNSELOR; TO AUTHORIZE 8
THE STATE DEPARTMENT OF EDUCATION TO EMPLOY A SUPERVISOR OF 9
PROFESSIONAL SCHOOL COUNSELORS; TO AMEND SECTION 37-151-209, 10
MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS 11
ACT; AND FOR RELATED PURPOSES. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13
SECTION 1. Section 37-9-79, Mississippi Code of 1972, is 14
amended as follows: 15
37-9-79. (1) Beginning with the 2026-2027 school year, in 16
addition to other funds allocated under the Mississippi Student 17
Funding Formula, each school district must be allotted sufficient 18
funding to employ one (1) elementary professional school 19
counselor, with funding for an additional elementary professional 20
school counselor to be allocated per fiscal year until each 21
elementary school in the school district has one (1) state-funded 22
professional school counselor. If sufficient funding is not 23
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appropriated for each school district to employ an elementary 24
school counselor, the State Department of Education shall allocate 25
those funds to school districts accredited at the three (3) lowest 26
levels, as defined by the State Board of Education, which have the 27
greatest need for counselors, as determined by records of the 28
department and the Division of Youth Services of the Department of 29
Human Services which reflect those school districts having the 30
highest incidences of crime and violence, free lunch participation 31
and dropouts. Until the time that there is a professional school 32
counselor in every elementary school at a counselor:student ratio 33
of 1:500 or greater, the annual appropriation for elementary 34
professional school counselors may not be reduced. 35
(2) The State Department of Education may increase the 36
number of positions funded each year beyond the requirements 37
established under subsection (1) as funds for employing elementary 38
professional school counselors are made available. 39
( * * *3) * * * The assignment of * * * professional school 40
counselors to the particular schools within the district shall be 41
at the discretion of the local school board with the following 42
restrictions: 43
(a) The counselor:student ratio in elementary schools 44
may be no less than 1:500, or one (1) professional school 45
counselor per school building, whichever is greater. 46
( * * *b) No individual shall be employed as a 47
professional school counselor without a minimum of a Master's 48
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Degree in Guidance and Counseling, or in an emergency situation, 49
an appropriate certification as determined by the Commission on 50
Teacher and Administrator Education, Certification and Licensure 51
and Development; and 52
( * * *c) Professional school counselors shall provide 53
the following comprehensive counseling services: 54
(i) Academic and personal/social counseling; 55
(ii) Use of multiple student data sources to help 56
students make informed academic and career choices; 57
(iii) Career and educational counseling; 58
(iv) Individual and group counseling 59
(large/small); 60
(v) Crisis intervention and preventive counseling; 61
(vi) Referrals to community agencies; 62
(vii) Educational consultations and collaboration 63
with teachers, administrators, parents and community leaders; 64
(viii) Educational and career placement services; 65
(ix) Follow-up counseling services; 66
(x) Conflict resolution; and 67
(xi) Professional school counselors must spend a 68
minimum of eighty percent (80%) of their contractual time to the 69
delivery of services to students as outlined by the American 70
School Counselor Association. Delivery of services is the direct 71
service provided to students, parents, school staff and the 72
community which * * * consists of interaction between professional 73
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school counselors and students. These direct services may include 74
the delivery of the following: 75
1. School counseling core curriculum: This 76
curriculum is designed to help students attain the desired 77
competencies and to provide all students with the knowledge, 78
attitudes and skills appropriate for their developmental level. 79
The school counseling core curriculum is delivered throughout the 80
school's overall curriculum and may be presented by professional 81
school counselors in collaboration with other professional 82
educators and other resources. Collaborative efforts may be 83
implemented to enhance the services provided. 84
2. Individual student planning: Professional 85
school counselors coordinate ongoing systemic activities or 86
individual/group sessions designed to assist students in 87
establishing personal/social goals and developing future career 88
plans. 89
3. Responsive services: Responsive services 90
are designed to meet students' immediate needs and concerns in 91
regard to social/personal issues. Responsive services may include 92
counseling in individual, small-group settings, or crisis 93
responses. 94
4. Indirect Student Services: Indirect 95
services are provided on behalf of students as a result of the 96
school counselors' interactions with others including referrals 97
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for additional assistance, consultation and collaboration with 98
parents, teachers, other educators and community organizations. 99
(4) To qualify for total funding formula funds, professional 100
school counselors must: 101
(a) Be full-time professional personnel; 102
(b) Spend at least eighty percent (80%) of work time in 103
a direct counseling relationship with students; and 104
(c) Devote no more than one-fifth (1/5) of the work day 105
to administrative activities that are counselor related. 106
(5) This section does not prohibit any school district from 107
employing with local funds more elementary professional school 108
counselors than are provided for in this section. 109
(6) The State Department of Education shall employ a 110
supervisor of professional school counselors who holds 111
certification as a professional school counselor. The 112
supervisor's responsibilities must include the oversight of the 113
new elementary counseling programs as well as existing secondary 114
programs. 115
( * * *7) Professional school counselors shall abide by the 116
American School Counselor Association Code of Ethics. 117
( * * *8) The State * * * Board of Education may adopt 118
regulations regarding the activities of the professional school 119
counselor * * *, and the professional school counselor may perform 120
any services that are not inconsistent with this section and the 121
regulations adopted by the board. 122
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ST: Elementary professional school counselors;
allocate funds under the Mississippi Student
Funding Formula for.
SECTION 2. Section 37-151-209, Mississippi Code of 1972, is 123
amended as follows: 124
37-151-209. (1) Allocations to school districts or charter 125
schools made by the State Department of Education on the basis of 126
the count of students in student categories established for the 127
purpose of applying various weights under Sections 37-151-200 128
through 37-151-215 are intended only to generate total 129
appropriation amounts for school funding. Except as otherwise 130
required by applicable state or federal law or by applicable 131
rules, regulations, policies, or order of the State Board of 132
Education and the State Department of Education, a school district 133
or charter school may exercise full autonomy in the spending of 134
all funds allocated under the formula to the district or charter 135
school so long as funds are expended in the manner determined by 136
the school board or governing board to best meet the needs of the 137
student population of the school district or charter school. 138
(2) The State Department of Education shall allocate 139
additional funds under the total funding formula to each school 140
district for purposes of employing elementary professional school 141
counselors, as provided for in Section 37-9-79. 142
SECTION 3. This act shall take effect and be in force from 143
and after July 1, 2026. 144