BILL NUMBER: AB 475	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 12, 2013

INTRODUCED BY   Assembly Member Brown

                        FEBRUARY 19, 2013

   An act to  amend Section 52379 of the Education Code,
relating to pupil counseling.   amend Sections 67451 and
67452 of the Education Code, relating to student athletes. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 475, as amended, Brown.  Pupil counseling: supplemental
school counseling.   Student athletes: scholarships.

   Existing law  establishes the Middle and High School
Supplemental Counseling Program, and requires the governing board of
a school district that maintains any of grades 7 to 12, inclusive, as
a condition of receiving funds appropriated for purposes of that
program, to adopt a counseling program at a public meeting that
includes, among other things, a provision for a counselor to meet
with each pupil to explain the academic and deportment records of the
pupil, his or her educational options, the coursework and academic
progress needed for satisfactory completion of middle or high school,
and the availability of career guidance activities. Funds
appropriated in the annual Budget Act for the purposes of the program
are required to be allocated to school districts based on an equal
amount per pupil enrolled in the district in the prior fiscal year
based on the fall California Basic Educational Data System enrollment
data in grades 7 to 12, inclusive, with certain minimum-grant
exceptions.   provides for a system of postsecondary
education in this state. This system includes 4 segments: the
University of California, administered by the Regents of the
University of California; the California State University,
administered by the Trustees of the California State University; the
California Community Colleges, administered by the Board of Governors
of the California Community Colleges; and independent institutions
of higher education.  
   This bill, instead, would require the appropriation to be
allocated based on the needs of pupils as indicated by the number of
pupils who failed either section of the high school exit examination
in the most recent grade 10 administration of that examination, and
would require the allocation to be calculated pro rata based on the
number of pupils who failed either section of the high school exit
examination in the most recent grade 10 administration of that
examination, with certain minimum-grant exceptions. The bill would
require school districts receiving funding under this program to
provide matching funds on a one-to-one basis.  
   The bill would specify duties authorized to be performed by a
counselor position funded under this program.  
   Existing law establishes the Student Athlete Bill of Rights,
pursuant to which, commencing with the 2013-14 academic year,
intercollegiate athletic programs at 4-year institutions of higher
education in this state, as defined, that receive, as an average,
$10,000,000 or more in annual revenue derived from media rights, as
defined, for intercollegiate athletics, shall be required to comply
with prescribed requirements.  
   This bill would define the term "licensing fees" for purposes of
the Student Athlete Bill of Rights, and would instead make those
provisions applicable to intercollegiate athletic programs at 4-year
institutions of higher education in the state that receive, as an
average, $20,000,000 or more in annual revenue derived from media
rights and licensing fees for intercollegiate athletics. The bill
would require that, commencing with the 2015-16 academic year, an
athletic scholarship given out by a public institution of higher
education in the state be guaranteed for 5 academic years or for the
completion of a student athlete's eligibility if the student athlete
maintains good standing with the institution he or she attends and
continues his or her participation in the sport. The bill would also
require that, commencing with the 2015-16 academic year, a full
athletic scholarship given out by a public institution cover the full
cost of attendance for the institution the student athlete attends,
and include an additional $3,600 student athlete participation
stipend. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 67451 of the  
Education Code   is amended to read: 
   67451.  For purposes of this part:
   (a) "Athletic association" means any organization that is
responsible for governing intercollegiate athletic programs.
   (b) "Athletic program" means an intercollegiate athletic program
at any institution of higher education within the meaning of
subdivision (d).
   (c) "Graduation success rate" means the percentage of student
athletes who graduate from that institution of higher education
within six years of their initial enrollment, excluding outgoing
transfers in good academic standing with athletic eligibility
remaining, and including incoming transfers. The rate is to be
calculated by combining the rates of the four most recent classes
that are available in the exact manner as the rate is calculated
under National Collegiate Athletic Association rules.
   (d) "Institution of higher education" means any campus of the
University of California or the California State University, or any
four-year private university located in California, that maintains an
intercollegiate athletic program. 
   (e) "Licensing fees" means fees received by an institution of
higher education for the use of the likeness of the school or one or
more student athletes to market, promote, or advertise products,
jerseys, video games, events, literature, or signage.  
   (e) 
    (f)  "Media rights" means the rights to media coverage
of intercollegiate athletics included in contracts that are entered
into by intercollegiate athletic conferences and television networks
and that generate monetary payments to individual institutions of
higher education. 
   (f) 
    (g)  "Student athlete" means any college student who
participates in an intercollegiate athletic program of an institution
of higher education, and includes student athletes who participate
in basketball, football, and other intercollegiate sports.
   SEC. 2.    Section 67452 of the   Education
Code   is amended to read: 
   67452.   (a)    Commencing with the 2013-14
academic year, an athletic program shall comply with all of the
following: 
   (a) (1) 
    (1)  If an athletic program does not renew an athletic
scholarship of a student athlete who suffers an incapacitating injury
or illness resulting from his or her participation in the athletic
program, and the institution of higher education's medical staff
determines that he or she is medically ineligible to participate in
intercollegiate athletics, the institution of higher education shall
provide an equivalent scholarship that, combined with the total
duration of any previous athletic scholarship or scholarships
received by the student athlete, will be provided for a total of up
to five academic years or until the student athlete completes his or
her undergraduate degree, whichever period is shorter. Additional
years may be provided at the discretion of the institution of higher
education.
   (2) If a student athlete takes a temporary leave of absence from
an institution of higher education, the duration of that leave of
absence shall not count against the five-year limit on eligibility
for an equivalent scholarship imposed by paragraph (1).
   (3) An athletic program shall provide an equivalent scholarship to
a student athlete who was on an athletic scholarship and is in good
standing, but has exhausted his or her athletic eligibility, for up
to one year or until the student athlete completes his or her primary
undergraduate degree, whichever is shorter, except that an athletic
program with a graduation success rate that is above 60 percent,
disaggregated by team, shall not be subject to the requirements of
this paragraph.
   (4) A student athlete whose athletic scholarship is  not
renewed   terminated  for cause by an athletic
program shall receive no benefits under this part, but may appeal
this decision within the institution of higher education attended by
the student or within the athletic conference or association of which
that institution of higher education is a member, as appropriate.

   (b) Commencing with the 2015-16 academic year, an athletic
scholarship given out by a public institution of higher education in
the state shall be guaranteed for five academic years or for the
completion of a student athlete's eligibility if the student athlete
maintains good standing with the institution he or she attends and
continues his or her participation in the sport.  
   (c) Commencing with the 2015-16 academic year, a full athletic
scholarship given by a public institution of higher education shall
cover the full cost of attendance for that institution and shall
include an additional three-thousand-six-hundred-dollar ($3,600)
student athlete participation stipend.  
   (b) 
    (d)  Each athletic program shall conduct a financial and
life skills workshop for all of its first-year and third-year
student athletes at the beginning of the academic year. This workshop
shall include, but not be limited to, information concerning
financial aid, debt management, and a recommended budget for full-
and partial-scholarship student athletes living on or off campus
during the academic year and the summer term based on the current
academic year's cost of attendance. The workshop shall also include
information on time management skills necessary for success as a
student athlete, and academic resources available on campus. 

   (c) 
    (e)  An institution of higher education shall grant a
student athlete the same rights as other students with regard to any
and all matters related to possible adverse or disciplinary actions,
including, but not necessarily limited to, actions involving
athletically related financial aid. 
   (d) 
    (f)  An athletic program shall respond within seven
business days with an answer to a student athlete's written request
to transfer to another institution of higher education. 
   (e) 
    (g)  An institution of higher education that receives,
as an average, less than  ten million dollars ($10,000,000)
  twenty million dollars ($20,000,000)  in annual
income derived from media rights  and licensing fees  for
intercollegiate athletics shall not be subject to the requirements of
this section. 
   (f) 
    (h)  An institution of higher education to which this
section applies shall rely exclusively on revenue derived from media
rights  and licensing fees  for intercollegiate athletics to
defray any costs accrued under this section. 
  SECTION 1.    (a) The Legislature finds and
declares all of the following:
   (1) California ranks 50th among the 50 states in
counselor-to-pupil ratio with a ratio of one counselor per 954
pupils.
   (2) Studies have revealed that pupils who met with a school
counselor several times during the school year to discuss college
were much more likely to attend a four-year postsecondary educational
institution.
   (3) School counselors are integral figures in ensuring college
readiness and meeting high school graduation requirements because
they counsel pupils into appropriate classes.
   (4) School counselors are integral to the total educational
program. They provide proactive leadership that engages all
stakeholders in the delivery of programs and services to help pupils
achieve success in school. Professional school counselors align with
the mission of the school to support the academic achievement of all
pupils as they prepare for the ever-changing world of the 21st
century. This mission is accomplished through the design,
development, implementation, and evaluation of a comprehensive,
developmental, and systematic school counseling program.
   (5) California's overall high school graduation rate is
approximately 71 percent with the graduation rates for African
American and Latino pupils even lower, 60 percent for Latino pupils
and 56.6 percent for African American pupils.
   (b) It is therefore the intent of the Legislature to increase the
number of credentialed school counselors in high schools in the
bottom 25 percent of the state in academic performance, so that each
qualifying high school would receive one counselor position dedicated
to work with pupils on preparing them to obtain a degree at an
institution of higher education or a certificate at a technical
institution.  
  SEC. 2.    Section 52379 of the Education Code is
amended to read:
   52379.  (a) Funds appropriated in the annual Budget Act for
purposes of this chapter shall be allocated to school districts based
on the needs of pupils as indicated by the number of pupils who
failed either section of the high school exit examination in the most
recent grade 10 administration of that examination. Allocation to
school districts shall be calculated pro rata based on the number of
pupils who failed either section of the high school exit examination
in the most recent grade 10 administration of that examination, with
the following minimum-grant exceptions:
   (1) Five thousand dollars ($5,000) for each schoolsite that has
100 or fewer pupils enrolled in any of grades 7 to 12, inclusive.
   (2) Ten thousand dollars ($10,000) for each schoolsite that has at
least 101, but not more than 200, pupils enrolled in any of grades 7
to 12, inclusive.
   (3) Thirty thousand dollars ($30,000) or an amount per pupil
enrolled, whichever is greater, for each schoolsite with more than
200 pupils enrolled in any of grades 7 to 12, inclusive.
   (b) (1) In order to be eligible to receive funding under this
section, a high school is required to rank among the lowest 25
percent of high schools in the state with respect to the percentage
of its pupils who failed either section of the high school exit
examination in the most recent grade 10 administration of that
examination. A school district with a high school or high schools
that are receiving funding under this section shall provide matching
funds in order to fully fund the counselor position, including, but
not necessarily limited to, matching funds, on a one-to-one basis,
for the provision of salary and benefits and to defray other
necessary program expenses.
   (2) A participating high school shall receive one counselor
position dedicated to work with pupils on preparing them to obtain a
degree at an institution of higher education or a certificate at a
technical institution. A counselor position funded under this program
shall not be used in the regular rotation of counselors at the
participating high school. A counselor position funded under this
program is authorized to provide, but is not necessarily limited to,
all of the following services:
   (A) Working with pupils, in conjunction with faculty and staff,
college and university recruiters, and community-based personnel, to
provide pupils and their families with college preparation workshops.

   (B) Providing one-on-one college preparatory advising.
   (C) Conducting college application workshops, which may include,
but are not necessarily limited to, discussion of high school
graduation requirements, the "a-g" courses required for admission to
the University of California and other institutions of higher
education, college entrance requirements, and how to read a
transcript.
   (D) Conducting financial aid workshops, which may include, but are
not necessarily limited to, helping pupils and their families to
understand what types of financial aid are available for colleges,
discussion of financial aid programs, such as the Cal Grant and Cash
for College programs, the process of applying for financial aid, and
how to fill out the Free Application for Federal Student Aid (FAFSA).

   (E) Conducting family information workshops, which may include,
but are not necessarily limited to, discussions with families about
how to help their children at each grade level to prepare for and
stay on track for college. The goal of these workshops would be to
help families understand higher education options, the college
application process, and college entrance examination requirements.
   (F) Conducting university and college campus visits for pupils.
   (G) Working with outside outreach and recruitment programs,
including, but not necessarily limited to, the California Student
Opportunity Access Program (Cal-SOAP), the Early Academic Outreach
Program (EAOP), and University of California and California State
University outreach programs.
   (H) Assisting pupils and their families in filling out and
submitting grade-point average information release forms for the Cal
Grant Program.
   (c) A school district that received funding under the program in
the first 2006-07 grant cycle may continue to receive funds in future
years to maintain counseling programs at the 2006-07 first cycle
funding level if the district meets all other conditions of the
program.
   (d) Funds allocated pursuant to this section shall supplement, and
not supplant, expenditures made by a school district for school
counseling programs.
   (e) For purposes of this section, a charter school is not eligible
to receive a minimum grant but instead shall receive an amount per
pupil enrolled in grades 7 to 12, inclusive.
   (f) Funds appropriated in the annual Budget Act for purposes of
this chapter shall be used to provide supplemental counseling
services delivered by personnel who hold a valid pupil personnel
services credential.