An Act To Increase the Amount of Time School Counselors and Social Workers Spend Providing Students Direct and Indirect Counseling
Maine Legislature, Session 129, LD 0247
Committee Amendment CA_A_S29 (Senate)
Amends: 20-A MRSA §4008-A

COMMITTEE AMENDMENT" A "to S.P. 59, L.D. 247, Bill, "An Act To Increase 
the Amount of Time School Counselors and Social Workers Spend Providing Students 
Direct and Indirect Counseling" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 20-A MRSA §4008-A is enacted to read: 
§4008-A. School counselors and school social workers 
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 servic~s" 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 59, L.D. 247 ( !:)-2.. V 
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.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment clarifies that direct services and indirect services must be within the 
scope of the duties of school counselors or school social workers as established by major 
substantive rules adopted by the Department of Education. 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. The amendment also clarifies that each school counselor and 
school social worker must 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. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/25/19 feac. 
LD 247 
LR 653(02) 
An Act To Increase the Amount of Time School Counselors and Social Workers Spend Providing 
Students Direct and Indirect Counseling 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ',l" (~·~1) 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
This legislation requires school counselors and school social workers to spend at least 80% of their time providing 
direct or indirect services to students but does not address how the time spent providing these services will be tracked. 
This fiscal note assumes that the process will be infonnal and will not require extensive recordkeeping and reporting. 
However, if the major substantive rules adopted by the department and submitted to the Legislature for review include 
a fonnal time recording and reporting process, the fiscal impact to local school administrative units for the additional 
requirement will need to be addressed. 
Additional costs to the Department of Education associated with the rulemaking process can be absorbed within 
existing budgeted resources. 
LR0653(02) - Fiscal Note - Page 1 of 1