BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 272
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          Date of Hearing:   June 17, 2009

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                     SB 272 (Wiggins) - As Amended:  June 1, 2009

           SENATE VOTE  :   25-12
           
          SUBJECT  :   Educational counseling

           SUMMARY  :  Requires school districts that choose to provide an  
          educational counseling program to include in that program  
          specific academic, career and vocational counseling; provides  
          that professional development shall include strategies for  
          pupils about educational and career options; and includes  
          legislative intent language regarding the role and  
          responsibilities of counselors.  Specifically,  this bill  :    

          1)   Requires districts that choose to provide a comprehensive  
               educational counseling program to provide, but not be  
               limited to the following:  

               a)        Specific academic counseling services such as  
                    reviewing a pupil's academic and deportment records,  
                    and career goals;

               b)        An opportunity for a counselor to meet with each  
                    pupil and his or her parents to discuss a pupil's  
                    records, educational goals, and academic progress;

               c)        Coursework information for pupils having  
                    difficulty passing one or both parts of the high  
                    school exit exam (HSEE) or satisfying curricular  
                    requirements for admission to the University of  
                    California (UC) and the California State University  
                    (CSU), and assisting and informing pupils of available  
                    services and options, as specified; 

               d)        Identification of pupils who are at risk of not  
                    graduating with the rest of their class;

               e)        An individual conference with each pupil in  
                    grades 10 and 12 who has failed to pass one or both  
                    parts of the HSEE or has not satisfied or is not on  
                    track to satisfy the curricular requirements for  








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                    admission to the UC and the CSU and to successfully  
                    transition to postsecondary education or employment,  
                    and requires the conference to take place according to  
                    the specified schedule;

               f)        An individual conference with each pupil in grade  
                    7 who is deemed to be at the  far-below basic level in  
                    English language arts or mathematics pursuant to the  
                    California Standards Test (CST) and is unlikely to  
                    successfully transition to high school and meet all  
                    graduation requirements;

               g)        Specified information related to the consequences  
                    of not passing the HSEE, program options, results of  
                    standardized tests, and availability of financial aid;  
                    and,

               h)        Career and vocational counseling services such as  
                    those that help pupils identify personal interests,  
                    skills, and abilities, understand the relationship  
                    between academic achievement and career success, and  
                    understand the value of participating in career  
                    technical education and work-based learning  
                    activities, and other services, as specified.  

          2)   Provides that ongoing professional development related to  
               career and vocational counseling shall include strategies  
               for pupils pursuing postsecondary, career technical  
               education, multiple pathway, college, and global career  
               opportunities.  

          3)   States the intent of the Legislature that school counselors  
               engage with, advocate for and provide support for all  
               pupils, plan, implement, and evaluate programs to promote  
               the academic, career, personal, and social development of  
               all pupils, engage in continued development as a  
               professional school counselor, and other activities as  
               specified.  

           EXISTING LAW:  

          1)Authorizes school districts to provide a comprehensive  
            educational counseling program for all pupils that includes  
            academic counseling, career and vocational counseling, and  
            personal and social counseling. 








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          2)Defines educational counseling to mean specialized services  
            provided by a school counselor possessing a valid Pupil  
            Personnel Services credential issued by the Commission on  
            Teacher Credentialing.  

          3)Establishes the Middle and High School Supplemental Counseling  
            (MHSSC) program to provide additional counseling services to  
            pupils in grades seven to twelve, inclusive.  

          4)Provides that as a condition of receiving funds, the governing  
            board of each school district maintaining any of grades seven  
            to twelve, inclusive, shall meet specified requirements and  
            shall submit an annual report as determined by the  
            Superintendent of Public Instruction. 

           FISCAL EFFECT  :  This bill is keyed non-fiscal.

           COMMENTS  :  The 2006-2007 Budget Act provided $200 million in  
          ongoing funds to support additional counseling services for  
          students in grades 7-12, and Chapter 79, Statutes of 2006, (AB  
          1802 -Budget Committee) established the MHSSC program.  School  
          districts are eligible to apply for this funding to support  
          additional and appropriate counseling services for all students  
          in grades seven through twelve and to reduce the  
          counselor-to-pupil ratio at all schools.  

          Additionally, SB 405 (Steinberg), Chapter 732, Statutes of 2007,  
          expanded the provisions of the MHSSC program to add specific  
          requirements for an individualized review of the career goals  
          of, and the available academic and career technical education  
          opportunities and workplace experiences available to pupils, as  
          well as an explanation of eligibility requirements for admission  
          to a four-year institution of postsecondary education.  This  
          bill seeks to amend existing counseling statutes in the  
          Education Code to make them consistent with the MHSSC program  
          provisions to ensure consistency regarding the role of school  
          counselors.

          School districts are currently not required to implement a  
          counseling program.  Nevertheless, this bill requires districts  
          that choose to provide a counseling program to implement the  
          program as prescribed by this bill.  A school district would not  
          have the authority to implement a counseling program that  
          differs from the specifications in this bill.  








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          In consideration of the budget reductions that school districts  
          have had to cope with, this bill may unintentionally create a  
          disincentive for districts to continue counseling programs if  
          those programs currently do not meet the requirements of this  
          bill or if the districts have to modify their programs to meet  
          the requirements of this bill.  To address these concerns,  staff  
          recommends  the bill be amended as follows:
                         On page 3, line 5, delete "shall" and insert  
                         "may"
                         On page 6, line 37, delete "all of"

          These amendments remove the requirement for districts that  
          choose to implement a counseling program to do so as specified  
          by this bill.  Furthermore, the amendments allow districts to  
          implement counseling programs using different approaches and  
          allow for local decision-making on the design of counseling  
          programs. 

          To stress the importance of providing a coherent and structured  
          counseling program, as is the author's intent,  staff suggests   
          adding legislative intent to the bill to encourage districts to  
          implement structured and coherent school counseling programs. 

          Additionally  staff recommends  the following technical  
          amendments: 

                         On page 7 line 25, after "for" insert  
                         "counseling" 
                         On page 7 line 26, after "postsecondary" add  
                         "education" and strike out "pathway" and insert  
                         "pathways" 

           The Careers Project  : The California Research Bureau (CRB)  
          recently completed its Careers Project research study which was  
          requested by a bipartisan group of members of the Legislature.   
          Some of the key findings in the report relevant to this bill  
          show that about 20% of schools in the school survey sample  
          reported not having a school counselor.  Only 70% of counselors  
          and 60% of principals indicated that school counselors provide  
          career guidance to students in addition to academic and  
          personal/social issues.  Additionally, the study reports that  
          school counselors that participated in focus groups suggested  
          that career development counseling was not a priority at their  
          schools, and several parents commented that there were not  








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          enough counselors available to provide career guidance to their  
          children, particularly given other priorities related to student  
          academic progress.  

           Categorical flexibility  : The enactment of SB 4 3X (Ducheny),  
          Chapter 12, Statutes of 2009, gives districts flexibility in the  
          use of MHSSC program funds starting with the 2008-09 fiscal year  
          through the 2012-13 fiscal year.  Essentially, local educational  
          agencies (LEAs) have the option to allocate funds from the MHSSC  
          program and other programs for any educational purpose during  
          those five years and LEAs that use the flexibility provisions  
          are deemed to be in compliance with program and funding  
          requirements contained in statutory, regulatory, and provisional  
          language, applicable to the MHSSC program and whether the LEAs  
          comply with the provisions or not.  It is unclear how that  
          flexibility will affect the availability of school counselors  
          through 2012-13.  

          The author states, "The current definition of a school counselor  
          no longer reflects standards and practices that are central to  
          the profession and critical to supporting student achievement.   
          Consequently, this outdated definition fails to provide guidance  
          to administrators, educators, and even school counselors on  
          successful methods that allow school counselors to provide  
          comprehensive support to students.  Without clear and specific  
          standards the delivery of counseling services becomes  
          inconsistent, the job of a counselor becomes more challenging  
          and the quality of the programs diminishes.  In addition, by  
          specifying the roles of school counselors, students can be  
          provided with better assistance by becoming more knowledgeable  
          of their career interests and options."

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Association of Regional Occupational Centers and  
          Programs
          California Association of School Counselors
          California Association of Leaders for Career Preparation
          California League of High Schools 
          California League of Middle Schools
          California Teachers Association
          Western Association for College Admission Counseling
           








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            Opposition 
           
          None on file.

           Analysis Prepared by :    Marisol Avi?a / ED. / (916) 319-2087