BILL NUMBER: AB 1738 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Washington
JANUARY 10, 2000
An act to amend Section 49600 of, to add Section 49600.5 to, and
to add Article 3.6.1 (commencing with Section 32228.4) to Chapter 2
of Part 19 of, the Education Code, relating to educational
counseling, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1738, as introduced, Washington. Educational counseling.
Existing law authorizes the governing board of a school district
to provide a comprehensive educational counseling program for all
pupils enrolled in the schools in the district.
This bill would establish the Middle School Counselor Conflict
Resolution Program, a 2-year statewide demonstration program,
coordinated by the Superintendent of Public Instruction to award
grants to middle schools or schools that maintain any of grades 6 to
8, inclusive, for credentialed school counselors trained in conflict
resolution. The bill would appropriate $5,000,000 from the General
Fund to the Superintendent of Public Instruction for that program.
The funds appropriated by the bill would be applied toward the
minimum funding requirements for school districts and community
college districts imposed by Section 8 of Article XVI of the
California Constitution.
The bill would authorize the governing board of every school
district that maintains kindergarten or any of grades 1 to 12,
inclusive, to develop a plan for the establishment of a comprehensive
education counseling and guidance program.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 3.6.1 (commencing with Section 32228.4) is
added to Chapter 2 of Part 19 of the Education Code, to read:
Article 3.6.1. Middle School Counselor Conflict Resolution
Program
32228.4. (a) The Middle School Counselor Conflict Resolution
Program, a two-year statewide demonstration project, is hereby
established and shall be administered by the Superintendent of Public
Instruction for the purpose of awarding grants to middle schools or
schools that maintain any of grades 6 to 8, inclusive, for
credentialed school counselors trained in conflict resolution. To be
eligible for funding of the demonstration project, schools or school
districts shall develop and implement a conflict resolution program
within a comprehensive educational counseling and guidance program
pursuant to Sections 49600 and 49600.5.
(b) It is the intent of the Legislature that schoolsites receiving
grants pursuant to this section accomplish all of the following
goals:
(1) Teach all pupils techniques for resolving conflicts without
resorting to the use of violence.
(2) Train all school staff and administrators in conflict
resolution and mediation techniques for conflicts between or among
pupils and to support and promote these programs in their schools.
(3) Reduce the incidence of violence at the schoolsite.
(4) Implement a comprehensive safe school plan that includes a
comprehensive educational counseling and guidance program.
(c) As a condition of receiving a demonstration grant, each
eligible school or school district shall do all of the following:
(1) Certify that a reduction in the ratio of pupils to
credentialed school counselors is expected to result upon
implementation of the program established pursuant to this section,
and that all funds in this section are used to supplement and not
supplant existing school programs or personnel.
(2) Revise school safety plans to show how funding received
pursuant to the program will be used to provide needed assistance to
pupils, and submit the revised school safety plans pursuant to
Sections 35294.1 to 35294.9, inclusive.
(3) Hold a public meeting at the schoolsite to allow members of
the public the opportunity to express opinions about the school
safety plan.
(4) Encourage all parents of pupils at the school to participate
in the establishment of a conflict resolution program as a component
of the comprehensive educational counseling program.
(5) Encourage all parents of pupils identified with needs that
require conflict resolution to participate in conflict resolution
training.
(6) Develop a comprehensive educational counseling program
accessible to all pupils pursuant to Sections 49600 and 49600.5.
(d) The Superintendent of Public Instruction shall provide
training and technical assistance to schools and school districts,
and shall evaluate the Middle School Counselor Conflict Resolution
Program for continuous quality improvement pursuant to this section.
This evaluation shall be completed and, notwithstanding Section
7550.5 of the Government Code, shall be submitted to the Governor and
the Legislature no later than September 1, 2002.
(e) To perform the duties of this section, up to 5 percent of the
total funds appropriated for purposes of this section may be utilized
by the Superintendent of Public Instruction for training and
administrative costs.
(f) The amount of five million dollars ($5,000,000) is hereby
appropriated from the General Fund to the Superintendent of Public
Instruction, for the purpose of awarding grants to middle schools or
schools that maintain any of grades 6 to 8, inclusive, for the
purposes of this article.
SEC. 2. Section 49600 of the Education Code is amended to read:
49600. (a) The governing board of any school district may provide
a comprehensive educational counseling program for all pupils
enrolled in the schools of the district.
For purposes of this section chapter
, "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.
(b) Educational counseling shall include, but not be 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.
SEC. 3. Section 49600.5 is added to the Education Code, to read:
49600.5. (a) The governing board of every school district that
maintains kindergarten or any of grades 1 to 12, inclusive, may
develop a plan for the establishment of a comprehensive educational
counseling and guidance program to be offered at each school within
the district.
(b) These plans shall include all of the following criteria:
(1) Developmentally appropriate "pupil competencies" that describe
the specific knowledge, attitudes, and skills that pupils should
obtain as a result of participating in an educational counseling
program. The pupil competencies shall be organized according to
clear standards for the academic, career, personal, and social
development of pupils.
(2) Whenever relevant, a specific strategy for phasing out
noncounseling activities currently being performed by counselors.
(3) Provisions to ensure that providing direct prevention and
intervention services to pupils, their parents, and teachers shall
constitute at least 80 percent of every counselor's time. These
services shall address barriers to learning, including, but not
limited to, poor study skills, behavioral problems, lack of conflict
resolution skills, school violence, substance abuse, and poor
attendance.
(4) Provisions for links between the educational guidance and
counseling program and resources in the community and for interschool
coordination among pupil personnel specialists.
(5) A statement by the school district that addressed expected
pupil outcomes as a result of participation in the comprehensive
school guidance and counseling program.
(6) A description of specific roles for credentialed school
counselors, other pupils services staff, teachers, administrators,
and supervised paraprofessionals.
(7) Classroom guidance activities.
(8) A specific statement of the roles of all support personnel and
the institutional supports to ensure support personnel collaboration
in all phases of the program's operation.
(9) A recommended maximum school counselor to pupil ratio of 1 to
500 in kindergarten or any of grades 1 to 5, inclusive, 1 to 400 in
grades 6 to 8, inclusive, or 1 to 300 in grades 9 to 12, inclusive.
(10) Provisions for monitoring, accountability, evaluation, and
ongoing training of all support services staff.
(c) The provision of comprehensive, prevention oriented counseling
and guidance programs shall be based upon criteria that is similar
in intent and specific content to the National Standards for School
counseling Programs drafted and adopted by the American School
Counselor Association and include the following components:
(1) A guidance curriculum.
(2) Individual counseling services.
(3) Group counseling services.
(4) Collaboration with other school and community resources.
(d) Pupils, parents, representatives of community and government
agencies, and existing advisory committees or councils shall
collaborate with counselors, teachers, and other school personnel to
develop the program.
(e) Credentialed school counselors shall facilitate all phases of
program planning, implementation, and evaluation, in conjunction with
other support services staff, including school psychologists, school
social workers, school nurses, and child welfare and attendance
workers.