JIM WARFORD
K-12 CHANCELLOR
325 W. GAINES STREET • SUITE 514 • TALLAHASSEE, FL 32399-0400 • (850) 245-0509 • www.fldoe.org
FLORIDA DEPARTMENT OF EDUCATION
S
TATE BOARD OF EDUCATION
F. PHILIP HANDY,
Chairman
T. WILLARD FAIR,
Vice Chairman
Members
DONNA G. CALLAWAY
JULIA L. JOHNSON
ROBERTO MARTÍNEZ
PHOEBE RAULERSON
LINDA K. TAYLOR
John L. Winn
Commissioner of Education
Contact Information:
Dr. Lee Clark
(850) 245-0478
Lee.Clark@fldoe.org
K12: 2005-77
M E M O R A N D U M
TO:
District School Superintendents
FROM:
Jim
Warford
DATE:
June 13, 2005
SUBJECT
:
Differentiating Counseling and Psychological Counseling as a Related Service
Educators and service providers throughout Florida are working collaboratively to ensure that schools and school
districts make counseling services available to special education students. This is done in an effort to meet the
Department’s goal of providing “Quality Efficient Services” and increase the quantity and improve the quality of
educational outcomes.
While counseling comes in many forms, the provision of counseling as a related service for students with
disabilities has become an issue for districts. The purpose of this memorandum and attachments is to clarify the
difference between psychological counseling and counseling services as a related service and who can provide
each.
If you have additional questions regarding this information, please contact Dr. Lee Clark, Program Specialist for
Students with Emotional Disabilities, by telephone at 850/245-0478 or via electronic mail at
Lee.Clark@fldoe.org.
JW/lcr
Attachments
cc:
Exceptional Student Education Directors
Student Services Administrators
Attachment I
Differentiating Counseling and Psychological Counseling as a Related Service
Counseling comes in many forms. There is often confusion as to who can provide counseling as a related service.
In addition, individual educational plan (IEP) teams may not consistently designate counseling services to
severely emotionally disturbed (SED) students who required those services to benefit from special education.
When the services
were
provided, IEP teams may not consistently document the provision of those services on the
IEP forms.
Counseling for SED students (and other students in need of this related service) in the state of Florida can be
provided
either
as a
counseling service
or as a
psychological service
. The provision of counseling through two
types of related service options increases the number of mental health professionals available to provide these
needed activities to support student learning.
In Florida, counseling is available to all students. It may be provided by personnel identified by schools, such as
guidance counselors, teachers, and assistant principals. It may take the form of guidance classes, small group
sessions, or individual assistance. This is not a related service.
Within the state of Florida, individuals qualified to provide “counseling as a related service” include: licensed
psychologists and licensed school psychologists (Chapter 490.003(4), Florida Statutes (F.S.), licensed clinical
social workers (LCSW) and other mental health providers as defined in Chapter 491.003(7), F.S., school
psychologists, school social workers (Masters level and higher), and school counselors certified by the Florida
Department of Education. Therapeutic services will “include methods of a psychological nature used to evaluate,
assess, diagnose, treat, and prevent emotional and mental disorders and dysfunctions (whether
cognitive,
affective, or behavioral)” may also be provided by those persons licensed under Chapter 491 “
as long as they do
not hold themselves out to the public as psychologists or use the title or description of a psychologist,”
pursuant to Section 490.014(1)(b), Florida Statutes.
Consequently, in Florida, individuals qualified to provide “psychological counseling as a related service” for
students who need significant therapeutic interventions include: psychologists and school psychologists licensed
under Chapter 490, or school psychologists certified through the Department of Education.
Students with disabilities who have emotional and/or behavioral issues which impact their learning may need
counseling or psychological counseling as a related service to ensure adequate academic engaged time and a
successful learning experience in the least restrictive environment (LRE). Each student’s IEP team should
consider the student’s presenting behavior on a case-by-case basis to determine if counseling or psychological
counseling is required. IEP teams need to have the flexibility to provide both. If counseling or psychological
counseling is determined to be necessary as a related service in order for the student to benefit from special
education
,
it should be included on the student’s IEP and documented as a related service. The type of counseling
a student receives, including the nature of the counseling itself, the frequency and duration of the sessions, and the
selection of the category of service provider, should be determined by the IEP team in response to the presenting
behaviors or issues in question and will vary according to the individual needs of the student.
Attachment II
FEDERAL DEFINITION
In accordance with 34 CRF 300.24, “…related services means transportation and such developmental, corrective,
and other supportive services as required to assist a child with a disability to benefit from special education, and
includes speech-language pathology, audiology services, psychological services, physical and occupational
therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in children,
counseling services
,
including rehabilitation counseling, orientation and mobility services, and medical services
for diagnostic and evaluation purposes. The term also includes school health services, social work services in
schools, and parent counseling and training.” Counseling is referenced in two ways under this section, as follows
(emphasis added):
•
34 CFR 300.24(b)(2)
Counseling services
means services provided by qualified social worker,
psychologists, guidance counselors, or other qualified personnel.
•
34 CFR 300.24(b)(9)
Psychological services
includes (i) administering psychological and educational
tests, and other assessment procedures; (ii) interpreting assessment results; (iii) obtaining, integrating, and
interpreting information about child behavior and conditions relating to learning; (iv) consulting with
other staff members in planning school programs to meet the special needs of children as indicated by
psychological test, interview, and behavior evaluations; (v) planning and managing a program of
psychological services,
including psychological counseling for children and parents
; and (vi) assisting
in the development of positive behavioral intervention strategies.
FLORIDA LAW
•
Section 490.014(1)(b), Florida Statutes
Exemptions
.--No provision of this chapter shall be construed to limit the practice of nursing, clinical
social work, marriage and family therapy, mental health counseling, or other recognized businesses or
professions, or to prevent qualified members of other professions from doing work of a nature consistent
with their training, so long as they do not hold themselves out to the public as psychologists or use a title
or description protected by this chapter. Nothing in this subsection shall be construed to exempt any
person from the provisions of s. 490.012.