West Virginia 2024 Regular Session Status: Passed House Of Delegates 3 R cosponsors

HB 4769 — Clarifying appropriate and inappropriate duties for school counselors while also providing the definition of a school counselor.

Last action — To Education

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House of Delegates
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House of Delegates. Introduced January 16, 2024. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 52% · moderate confidence

  • Passed House of Delegates

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

148 added · 3 removed

Plain-language change summary

In the recent changes to Bill HB 4769, the language around school counselors' responsibilities was updated for clarity and specificity. Notably, the bill now allows counselors to administer makeup tests for virtual students, ensures students facing emergencies can receive counseling regardless of session limits, and removes references to maintaining student records, which could help safeguard student privacy. These changes matter because they help define the role of school counselors more clearly and ensure that vulnerable students receive the necessary support without unnecessary bureaucratic barriers.

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HB4769 H ED AM #1Kidd 4753 The Committee on Education moved to amend the bill on page 1, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED House Bill 4769 By Delegates Ellington, Toney and Brooks [Introduced January 16, 2024;
Referred to the Committee on Education] Eng HB 4769 A BILL to amend and reenact §18-5-18b of the Code of West Virginia, 1931, as amended;
and to amend and reenact §18A-1-1 of said code, all relating to public-school counselors;
adding exclusions for school counselors;
and clarifying the definition and job duties of school counselors.
Be it enacted by the Legislature of West Virginia:
CHAPTER 18.
EDUCATION.
(a) A school counselor means a professional educator school counselor who holds a valid school counselor’s certificate in accordance with §18A-1-1 (d) (2) of this code.
(a) A school counselor means a professional educator school counselor who holds a valid school counselor’s certificate in accordance§18A-1-1 (d) (2) of this code.
The school counselor also may provide consultant services for parents, teachers, and administrators and may use outside referral services, when appropriate, if no additional cost is incurred by the county board.(d) The state board may adopt rules consistent with the provisions of this section that define the role of a school counselor based on the "National Standards for School Counseling Programs" of the American School Counselor Association.
The school counselor also may provide consultant services for parents, teachers, and administrators and may use outside referral services, when appropriate, if no additional cost is incurred by the county board.
(d) The state board may adopt rules consistent with the provisions of this section that define the role of a school counselor based on the "National Standards for School Counseling Programs" of the American School Counselor Association.
To the extent that any funds are made available for this purpose, county boards shall provide training for counselors and administrators to implement the rule as adopted by the state board.(e) Each county board shall develop a comprehensive drop-out prevention program utilizing the expertise of school counselors and any other appropriate resources available.(f) School counselors shall be full-time professional personnel, shall spend at least 80 percent of work time in a direct counseling relationship with pupils, and shall devote no more than 20 percent of the work day workday to administrative activities:
To the extent that any funds are made available for this purpose, county boards shall provide training for counselors and administrators to implement the rule as adopted by the state board.
Eng HB 4769 (e) Each county board shall develop a comprehensive drop-out prevention program utilizing the expertise of school counselors and any other appropriate resources available.
(f) School counselors shall be full-time professional personnel, shall spend at least 80 percent of work time in a direct counseling relationship with pupils, and shall devote no more than 20 percent of the work day workday to administrative activities:
Provided, further, That school counselors may not perform the following duties:(1) Build the master schedule;(2) Administer cognitive, aptitude, and achievement testing programs;
Provided, further, That school counselors may not perform the following duties:
Provided, That school counselors may administer make up test and any test that are required for virtual students, should no other person be available to administer the test.
(1) Build the master schedule;
(2) Administer cognitive, aptitude, and achievement testing programs;
Provided, That school counselors may administer make up test and any test that are required for virtual students, should no other person be available to administer the test;
(5) Provide more than 8 sessions of counseling in schools to address psychological disorders;
(5) Provide more than eight sessions of counseling in schools to address psychological disorders:
Provided, That students who have experienced an emergency situation such as, but not limited to, CPS investigations, death, abuse, or home removal may be addressed regardless of how many sessions have previously been utilized;(6) Cover classes when teachers are absent or to create teacher planning time;(7) The counselor may have access but may not maintain student records;(8) Compute grade-point averages;(9) Supervise classrooms or common areas;(10) May access but not keep clerical records;(11) Coordinate schoolwide plans including:(A) Individual Education Plans;(B) 504 Plans;
Provided, That students who have experienced an emergency situation such as, but not limited to, CPS investigations, death, abuse, or home removal may be addressed regardless of how many sessions have previously been utilized;
(C) Student Study Teams;(D) Response to Intervention Plans;(E) Multi-Tiered System of Support;
(6) Cover classes when teachers are absent or to create teacher planning time;
and(F) May access attendance records but may not oversee School Attendance Review Boards.(g) Nothing in this section prohibits a county board from exceeding the provisions of this section, or requires any specific level of funding by the Legislature.
(7) The counselor may have access but may not maintain student records;
ARTICLE 1.
(8) Compute grade-point averages;
(9) Supervise classrooms or common areas;
(10) May access but not keep clerical records;
(11) Coordinate schoolwide plans including:
(A) Individual Education Plans;
(B) 504 Plans;
(C) Student Study Teams;
Eng HB 4769 (D) Response to Intervention Plans;
(E) Multi-Tiered System of Support;
and (F) May access attendance records but may not oversee School Attendance Review Boards.
(g) Nothing in this section prohibits a county board from exceeding the provisions of this section, or requires any specific level of funding by the Legislature.
CHAPTER 18A.
SCHOOL PERSONNEL ARTICLE 1.
In addition, the following words used in this chapter and in any proceedings pursuant to this chapter have the meanings ascribed to them unless the context clearly indicates a different meaning:(a) "School personnel" means all personnel employed by a county board whether employed on a regular full-time basis, an hourly basis or otherwise.
In addition, the following words used in this chapter and in any proceedings pursuant to this chapter have the meanings ascribed to them unless the context clearly indicates a different meaning:
(a) "School personnel" means all personnel employed by a county board whether employed on a regular full-time basis, an hourly basis or otherwise.
Professional personnel and service personnel;(b) "Professional person" or "professional personnel" means those persons or employees who meet the certification requirements of the state, licensing requirements of the state, or both, and includes a professional educator and other professional employee;(c) "Professional educator" has the same meaning as "teacher" as defined in section one, article one, chapter eighteen of this code.
Professional personnel and service personnel;
Professional educators are classified as follows:(1) "Classroom teacher" means a professional educator who has a direct instructional or counseling relationship with students and who spends the majority of his or her time in this capacity;(2) "Principal" means a professional educator who functions as an agent of the county board and has responsibility for the supervision, management and control of a school or schools within the guidelines established by the county board.
(b) "Professional person" or "professional personnel" means those persons or employees who meet the certification requirements of the state, licensing requirements of the state, or both, and includes a professional educator and other professional employee;
The principal’s major area of responsibility is the general supervision of all the schools and all school activities involving students, teachers and other school personnel;(3) "Supervisor" means a professional educator who is responsible for working primarily in the field with professional and other personnel in instructional and other school improvement.
(c) "Professional educator" has the same meaning as "teacher" as defined in section one, article one, chapter eighteen of this code.
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Professional educators are classified as follows:
(1) "Classroom teacher" means a professional educator who has a direct instructional or counseling relationship with students and who spends the majority of his or her time in this capacity;
(2) "Principal" means a professional educator who functions as an agent of the county board and has responsibility for the supervision, management and control of a school or schools Eng HB 4769 within the guidelines established by the county board.
The principal’s major area of responsibility is the general supervision of all the schools and all school activities involving students, teachers and other school personnel;
(3) "Supervisor" means a professional educator who is responsible for working primarily in the field with professional and other personnel in instructional and other school improvement.
and(4) "Central office administrator" means a superintendent, associate superintendent, assistant superintendent and other professional educators who are charged with administering and supervising the whole or some assigned part of the total program of the countywide school system.
and (4) "Central office administrator" means a superintendent, associate superintendent, assistant superintendent and other professional educators who are charged with administering and supervising the whole or some assigned part of the total program of the countywide school system.
This category includes other appropriate titles or positions with duties that fit within this definition;(d) "Other professional employee" means a person from another profession who is properly licensed and who is employed to serve the public schools.
This category includes other appropriate titles or positions with duties that fit within this definition;
(d) "Other professional employee" means a person from another profession who is properly licensed and who is employed to serve the public schools.
 (e) "Service person" or "service personnel", whether singular or plural, means a nonteaching school employee who is not included in the meaning of "teacher" as defined in §18-1-1 of this code and who serves the school or schools as a whole, in a nonprofessional capacity, including such areas as secretarial, custodial, maintenance, transportation, school lunch and aides.
(e) "Service person" or "service personnel", whether singular or plural, means a nonteaching school employee who is not included in the meaning of "teacher" as defined in §18-1- 1 of this code and who serves the school or schools as a whole, in a nonprofessional capacity, including such areas as secretarial, custodial, maintenance, transportation, school lunch and aides.
Any reference to "service employee" or "service employees" in this chapter or chapter 18 of this code means service person or service personnel as defined in this section;(f) "Principals Academy" or "academy" means the academy created pursuant to §18A-3a-2b of this code;(g) "Center for Professional Development" means the center created pursuant to §18A-3a-1 of this code;(h) "Job-sharing arrangement" means a formal, written agreement voluntarily entered into by a county board with two or more of its employees who wish to divide between them the duties and responsibilities of one authorized full-time position;(i) "Prospective employable professional person", whether singular or plural, means a certified professional educator who:(1) Has been recruited on a reserve list of a county board;(2) Has been recruited at a job fair or as a result of contact made at a job fair;(3) Has not obtained regular employee status through the job posting process provided in §18A-4-7a of this code;
Any reference to "service employee" or "service employees" in this chapter or chapter 18 of this code means service person or service personnel as defined in this section;
and(4) Has obtained a baccalaureate degree from an accredited institution of higher education within the past year;(j) "Dangerous student" means a student who is substantially likely to cause serious bodily injury to himself, herself or another individual within that student’s educational environment, which may include any alternative education environment, as evidenced by a pattern or series of violent behavior exhibited by the student, and documented in writing by the school, with the documentation provided to the student and parent or guardian at the time of any offense;(k) "Alternative education" means an authorized departure from the regular school program designed to provide educational and social development for students whose disruptive behavior places them at risk of not succeeding in the traditional school structures and in adult life without positive interventions;
(f) "Principals Academy" or "academy" means the academy created pursuant to §18A-3a- 2b of this code;
and(l) "Long-term substitute" means a substitute employee who fills a vacant position:That the county superintendent expects to extend for at least thirty consecutive days, and is either:(A) Listed in the job posting as a long-term substitute position of over thirty days;
Eng HB 4769 (g) "Center for Professional Development" means the center created pursuant to §18A-3a- 1 of this code;
or(B) Listed in a job posting as a regular, full-time position and:(i) Is not filled by a regular, full-time employee;
(h) "Job-sharing arrangement" means a formal, written agreement voluntarily entered into by a county board with two or more of its employees who wish to divide between them the duties and responsibilities of one authorized full-time position;
and(ii) Is filled by a substitute employee.For the purposes of §5-16-2 of this code, long-term substitute does not include a retired employee hired to fill the vacant position.   AdoptedRejected
(i) "Prospective employable professional person", whether singular or plural, means a certified professional educator who:
(1) Has been recruited on a reserve list of a county board;
(2) Has been recruited at a job fair or as a result of contact made at a job fair;
(3) Has not obtained regular employee status through the job posting process provided in §18A-4-7a of this code;
and (4) Has obtained a baccalaureate degree from an accredited institution of higher education within the past year;
(j) "Dangerous student" means a student who is substantially likely to cause serious bodily injury to himself, herself or another individual within that student’s educational environment, which may include any alternative education environment, as evidenced by a pattern or series of violent behavior exhibited by the student, and documented in writing by the school, with the documentation provided to the student and parent or guardian at the time of any offense;
(k) "Alternative education" means an authorized departure from the regular school program designed to provide educational and social development for students whose disruptive behavior places them at risk of not succeeding in the traditional school structures and in adult life without positive interventions;
and (l) "Long-term substitute" means a substitute employee who fills a vacant position:
That the county superintendent expects to extend for at least thirty consecutive days, and is either:
(A) Listed in the job posting as a long-term substitute position of over thirty days;
or Eng HB 4769 (B) Listed in a job posting as a regular, full-time position and:
(i) Is not filled by a regular, full-time employee;
and (ii) Is filled by a substitute employee.
For the purposes of §5-16-2 of this code, long-term substitute does not include a retired employee hired to fill the vacant position.
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Action History

  1. To Education

  2. To Education then Finance

  3. Introduced in Senate

  4. Communicated to Senate

  5. Passed House (Roll No. 31)

  6. Read 3rd time

  7. On 3rd reading, Special Calendar

  8. Committee amendment adopted (Voice vote)

  9. Read 2nd time

  10. On 2nd reading, Special Calendar

  11. Read 1st time

  12. On 1st reading, Special Calendar

  13. Postponed on 1st reading, Special Calendar, until 1/22/2024

  14. On 1st reading, Special Calendar

  15. With amendment, do pass

  16. To House Education

  17. Introduced in House

  18. To Education

  19. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 149 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (2)

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 94 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 62201
Unaffiliated 24101
Democrat 8000
Total 94302
% of votes cast 95%3%0%2%
How each member voted (99)
Member Party Vote
Kirby — Yea
Kump — Yea
Ross — Yea
Rowe — Yea
Forsht — Yea
Linville — Yea
Longanacre — Yea
Griffith — Yea
Smith — Yea
Hamilton — Yea
Steele — Yea
Martin — Yea
Hardy — Yea
Summers — Yea
Tully — Yea
Nestor — Yea
Warner — Yea
Phillips — Yea
Devault — Yea
Householder — Yea
Winzenreid — Yea
Jeffries — Yea
Espinosa — Yea
Fast — Yea
Foster — Nay
Westfall — Not Voting
Evan Hansen Democrat Yea
Hollis Lewis Democrat Yea
Joey Garcia Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Adam Burkhammer Republican Yea
Adam Vance Republican Nay
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Yea
Bryan Ward Republican Yea
Charles Sheedy Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Darren Thorne Republican Yea
Dave Foggin Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Henry Dillon Republican Not Voting
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
John Paul Hott Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Yea
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Nay
Matthew Rohrbach Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Yea
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Vacant1 Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Subjects

education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 4769?
HB 4769 is sponsored by Eric Brooks (Republican), Christopher W. Toney (Republican), and Joe Ellington (Republican).
What is the current status of HB 4769?
This bill has passed the House of Delegates. Introduced January 16, 2024. It now moves to the second chamber.
Where can I track HB 4769?
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