BILL NUMBER: AB 1338 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Buchanan
FEBRUARY 22, 2013
An act to amend Section 49600 of add
Section 44692 to the Education Code, relating to
educational counseling school employees .
LEGISLATIVE COUNSEL'S DIGEST
AB 1338, as amended, Buchanan. Educational counseling.
School employees: child abuse: reporting.
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.
This 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.
The 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.
This 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.
Existing 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.
This bill would make nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44692 is added to the
Education Code , immediately following Section 44691,
to read:
44692. (a) The governing body of each school district, charter
school, and county office of education shall adopt a policy on the
reporting of child abuse and the responsibilities of mandated
reporters, as defined in Section 11165.7 of the Penal Code, in
accordance with the requirements of the Child Abuse and Neglect
Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter
2 of Title 1 of Part 4 of the Penal Code).
(b) Each school district, charter school, and county office of
education shall review the mandated reporting requirements of school
employees with all school personnel within in the first six weeks of
each school year.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 49600 of the Education Code
is amended to read:
49600. (a) The governing board of a school district may provide a
comprehensive educational counseling program for all pupils enrolled
in the schools of the school district.
(b) For purposes of this section, "educational counseling" means
specialized services provided by a school counselor possessing a
valid credential with a specialization in pupil personnel services
who is assigned specific times to directly counsel
pupils. Educational counseling shall include, but is not limited
to, all of the following:
(1) Academic counseling, in which pupils receive counseling in the
following areas:
(A) Establishment and implementation, with parental involvement,
of the pupil's immediate and long-range educational plans.
(B) Optimizing progress towards achievement of proficiency
standards.
(C) Completion of the required curriculum in accordance with the
pupil's needs, abilities, interests, and aptitudes.
(D) Academic planning for access and success in higher education
programs including advisement on courses needed for admission to
public colleges and universities, standarized admissions tests, and
financial aid.
(2) Career and vocational counseling, in which pupils are assisted
in doing all of the following:
(A) Planning for the future.
(B) Becoming aware of their career potential.
(C) Developing realistic perceptions of work.
(D) Relating to the work world.
(3) Personal and social counseling, in which pupils receive
counseling pertaining to interpersonal relationships for the purpose
of promoting the development of their academic abilities, careers and
vocations, personalities, and social skills.
(c) Nothing in this section shall be construed as prohibiting
persons participating in an organized advisory program approved by
the governing board of a school district, and supervised by a school
district counselor, from advising pupils pursuant to the organized
advisory program.
(d) Notwithstanding any provisions of this section to the
contrary, any person who is performing these counseling services
pursuant to law authorizing the performance thereof in effect before
January 1, 1987, shall be authorized to continue to perform those
services on and after that date without compliance with the
additional requirements imposed by this section.