Amended in Assembly March 12, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 475

Introduced by Assembly Member Brown

February 19, 2013

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

LEGISLATIVE COUNSEL’S DIGEST

AB 475, as amended, Brown. begin delete Pupil counseling: supplemental school counseling. end delete begin insert Student athletes: scholarships. end insert

Existing law begin delete 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. end delete begin insert 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. end insert

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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.

end delete begin delete

The bill would specify duties authorized to be performed by a counselor position funded under this program.

end delete begin insert

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.

end insert begin insert

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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 67451 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

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.

begin insert

(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.

end insert begin delete

(e)

end delete

begin insert (f) end insert  “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.

begin delete

(f)

end delete

begin insert (g) end insert  “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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 67452 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

67452.  

begin insert (a) end insert begin insert   end insert Commencing with the 2013-14 academic year, an
athletic program shall comply with all of the following:

begin delete

(a) (1)

end delete

begin insert (1) end insert  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 begin delete not renewed end delete
begin insert terminated end insert 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.

begin insert

(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.

end insert begin insert

(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.

end insert begin delete

(b)

end delete

begin insert (d) end insert  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.

begin delete

(c)

end delete

begin insert (e) end insert  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.

begin delete

(d)

end delete

begin insert (f) end insert  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.

begin delete

(e)

end delete

begin insert (g) end insert  An institution of higher education that receives, as an
average, less than begin delete ten million dollars ($10,000,000) end delete begin insert twenty million
dollars ($20,000,000) end insert in annual income derived from media rights
begin insert and licensing fees end insert for intercollegiate athletics shall not be subject
to the requirements of this section.

begin delete

(f)

end delete

begin insert (h) end insert  An institution of higher education to which this section
applies shall rely exclusively on revenue derived from media rights
begin insert and licensing fees end insert for intercollegiate athletics to defray any costs
accrued under this section.

begin delete

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.

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