Section 9. Instructional support resources

9.02 Comprehensive Guidance Resources A) Each school administrative unit shall have a Comprehensive Guidance Program, including guidance and counseling services, available to all students in grades K-12. The development of the program and the delivery of the services it describes shall be a coordinated effort of the members of the unit's professional staff. The Comprehensive Guidance Program shall include services to be provided to students at each developmental stage and shall specify how the following services will be provided to all students:

• (1) A program of structured developmental experiences presented systematically through classroom and group activities to enhance the ability of students to meet the content Standard of the system of Learning Results;
• (2) A program of activities and planned strategies to help individual students manage their career development, including present and future education consistent with the Career Preparation content Standard and performance indicators identified in Me. Dept. of Ed. Reg. 131; and
• (3) Counseling and consultation services designed to respond to the immediate needs and concerns of students, parents, and staff.

B) Comprehensive Guidance Program Goals. The Comprehensive Guidance Program shall address the following goals:

• (1) Encourage parental involvement;
• (2) Raise student aspirations;
• (3) Provide information and appropriate referral sources to students, parents, staff; and
• (4) Provide management activities that establish, maintain, and enhance the program including research, evaluation, programming, supervision, staff training and development, and communications.

C) Implementation Timeline Each school administrative unit shall include the Comprehensive Guidance Program in the unit's Comprehensive Education Plan, with this component of the plan to be implemented by the end of the 2006-2007 school year contingent upon funding of Essential Programs and Services or its equivalent.

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. “Direct services” means in-person interactions between a school counselor or school social worker and students that are within the scope of the duties of a school counselor or school social worker as established by the department by rule.

B. “Indirect services” means services provided by a school counselor or school social worker on behalf of students as a result of a school counselor’s or school social worker’s interactions with the students and others that are within the scope of the duties of a school counselor or school social worker as established by the department by rule.

C. “School counselor” has the same meaning as in section 4008, subsection 1, paragraph B.

D. “School social worker” has the same meaning as in section 4008, subsection 1, paragraph C.

2. Direct and indirect services to students. Each school counselor and school social worker shall spend at least 80% of the school counselor’s or school social worker’s time providing direct services to and indirect services on behalf of students.

3. Rules. The commissioner shall adopt rules to implement this section. The rules must include guidelines regarding the duties of school counselors, including that a school counselor deliver a comprehensive school counseling program, and guidelines regarding the duties of school social workers. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

5. Other requirements. The state board and the commissioner shall jointly adopt basic school approval rules governing school administrative units and elementary and secondary schools. These rules must set minimum requirements in the following areas, incorporating such requirements as are established by statute: H. Student personnel services, including guidance and counseling and, notwithstanding any rules adopted by the department, comprehensive guidance plans to be approved by the commissioner.

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

   • A. “Administrator” has the same meaning as in section 13001-A, subsection 1.

   • B. “Assigned public school employee” means a public school employee chosen by the local president of the applicable bargaining unit to review a reported incident of dangerous behavior.

   • C. “Dangerous behavior” means behavior of a student that presents a risk of injury or harm to a student or others.

2. Report of incident of dangerous behavior. Upon receipt of a report of an incident of dangerous behavior made by a teacher or school staff person, a school administrative unit shall review the reported incident and develop an individualized response plan in accordance with this subsection. The review of the reported incident must be conducted by an administrator and an assigned public school employee. If the report of the incident of dangerous behavior is substantiated, the school administrative unit shall, in consultation with the public school employee who was subjected to the dangerous behavior, if any, develop an individualized response plan to avoid future dangerous behavior, which may include but is not limited to:

   • A. Minimizing suspension and expulsion of the student;

   • B. Prioritizing counseling and guidance services for the student and educators;

   • C. Providing positive behavioral interventions and supports and supports designed to address the consequences of trauma in the individual and training for the student and educators;

   • D. Restorative practices;

   • E. Training for public school employees who interact with the student; and

   • F. Provision of adequate staffing and professional development necessary to implement the plan.

Nothing in this subsection may be construed as limiting any federally protected right of a student, including, but not limited to, federally protected rights of students with disabilities.

Notwithstanding any provision of this subsection to the contrary, in the case of a student eligible for services under the federal Individuals with Disabilities Education Act or protected from discrimination under Section 504 of the federal Rehabilitation Act of 1973, any discussions or actions related to the identification, evaluation or educational placement of the student or provision of a free, appropriate public education to the student must take place through the processes established under federal law.