AB 1338,
as amended, Buchanan. begin deleteEducational counseling. end deletebegin insertSchool employees: child abuse: reporting.end insert
Existing law requires the State Office of Abuse Prevention to develop and disseminate information to all school districts and district school personnel regarding the detection of child abuse. Existing law, the Child Abuse and Neglect Reporting Act, requires mandated reporters, which includes teachers, to make a report if the person has knowledge of or observes a child whom the person knows or reasonably suspects has been the victim of child abuse or neglect.
end insertbegin insertThis bill would require the governing body of each school district, charter school, and county office of education to adopt a policy on the reporting of child abuse and the responsibilities of mandated reporters. The bill would require each school district, charter school, and county office of education to review the mandated reporting requirements of school employees with all school personnel within the first 6 weeks of each school year. By expanding the duty of school districts, charter schools, and county offices of education, the bill would impose a state-mandated local program.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
end insertExisting law authorizes the governing board of any school district to provide a comprehensive educational counseling program for all pupils enrolled in the schools of the district.
end deleteThis bill would make nonsubstantive changes to these provisions.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 44692 is added to the end insertbegin insertEducation Codeend insertbegin insert,
2immediately following Section 44691, to read:end insert
(a) The governing body of each school district, charter
4school, and county office of education shall adopt a policy on the
5reporting of child abuse and the responsibilities of mandated
6reporters, as defined in Section 11165.7 of the Penal Code, in
7accordance with the requirements of the Child Abuse and Neglect
8Reporting Act (Article 2.5 (commencing with Section 11164) of
9Chapter 2 of Title 1 of Part 4 of the Penal Code).
10(b) Each school district, charter school, and county office of
11education shall review the mandated reporting requirements of
12school employees with all school personnel within in the first six
13weeks of each school year.
If the Commission on State Mandates determines that
15this act contains costs mandated by the state, reimbursement to
16local agencies and school districts for those costs shall be made
17pursuant to Part 7 (commencing with Section 17500) of Division
184 of Title 2 of the Government Code.
Section 49600 of the Education Code is amended
20to read:
(a) The governing board of a school district may
22provide a comprehensive educational counseling program for all
23pupils enrolled in the schools of the school district.
24(b) For purposes of this section, “educational counseling” means
25specialized services provided by a school counselor possessing a
P3 1valid credential with a specialization in pupil personnel services
2who is assigned specific times to directly counsel
3 pupils. Educational counseling shall include, but
is not limited
4to, all of the following:
5(1) Academic counseling, in which pupils receive counseling
6in the following areas:
7(A) Establishment and implementation, with parental
8involvement,
of the pupil’s immediate and long-range educational
9plans.
10(B) Optimizing progress towards achievement of proficiency
11standards.
12(C) Completion of the required curriculum in accordance with
13the pupil’s needs, abilities, interests, and aptitudes.
14(D) Academic planning for access and success in higher
15education programs including advisement on courses needed for
16admission to public colleges and universities, standarized
17admissions tests, and financial aid.
18(2) Career and vocational counseling, in which pupils are
19assisted in doing all of the following:
20(A) Planning for the future.
21(B) Becoming aware of their career potential.
22(C) Developing realistic perceptions of work.
23(D) Relating to the work world.
24(3) Personal and social counseling, in which pupils receive
25counseling pertaining to interpersonal relationships for the purpose
26of promoting the development of their academic abilities, careers
27and vocations, personalities, and social skills.
28(c) Nothing in this section shall be construed as prohibiting
29persons participating in an organized advisory program approved
30by the governing board of a school district, and supervised by a
31school district counselor, from advising pupils pursuant to the
32organized advisory program.
33(d) Notwithstanding any provisions of this section to the
34contrary, any
person who is performing these counseling services
35pursuant to law authorizing the performance thereof in effect before
36January 1, 1987, shall be authorized to continue to perform those
37services on and after that date without compliance with the
38additional requirements imposed by this section.
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