(a) The governing board of a school district may provide a
comprehensive educational counseling program for all pupils enrolled
in the school district. It is the intent of the Legislature that a
school district that provides educational counseling to its pupils
implement a structured and coherent counseling program.
(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.
(c) It is the intent of the Legislature that school counselors do
all of the following:
(1) Engage with, advocate for, and provide support for, all pupils
with respect to learning and achievement.
(2) Plan, implement, and evaluate programs to promote the
academic, career, personal, and social development of all pupils,
including pupils from low-income families, foster youth, homeless
youth, undocumented youth, and pupils at all levels of academic,
social, and emotional abilities.
(3) Use multiple sources of information to monitor and improve
pupil behavior and achievement.
(4) Collaborate and coordinate with school and community
resources.
(5) Promote and maintain a safe learning environment for all
pupils by providing restorative justice practices, positive behavior
interventions, and support services.
(6) Intervene to ameliorate school-related problems, including
issues related to chronic absences.
(7) Use research-based strategies to reduce stigma, conflict, and
pupil-to-pupil mistreatment and bullying.
(8) Improve school climate and pupil well-being.
(9) Enhance pupils' social and emotional competence, character,
health, civic engagement, cultural literacy, and commitment to
lifelong learning and the pursuit of high-quality educational
programs.
(10) Provide counseling interventions and support services for
pupils classified as English learners, eligible for free or
reduced-price meals, or foster youth, including enhancing equity and
access to the education system and community services.
(11) Engage in continued development as a professional school
counselor.
(d) Educational counseling shall include academic counseling, in
which pupils receive counseling in the following areas:
(1) Development and implementation, with parental involvement, of
the pupil's immediate and long-range educational plans.
(2) Optimizing progress towards achievement of proficiency
standards.
(3) Completion of the required curriculum in accordance with the
pupil's needs, abilities, interests, and aptitudes.
(4) Academic planning for access and success in higher education
programs, including advisement on courses needed for admission to
public colleges and universities, standardized admissions tests, and
financial aid.
(5) Career and vocational counseling, in which pupils are assisted
in doing all of the following:
(A) Planning for the future, including, but not limited to,
identifying personal interests, skills, and abilities, career
planning, course selection, and career transition.
(B) Becoming aware of personal preferences and interests that
influence educational and occupational exploration, career choice,
and career success.
(C) Developing realistic perceptions of work, the changing work
environment, and the effect of work on lifestyle.
(D) Understanding the relationship between academic achievement
and career success, and the importance of maximizing career options.
(E) Understanding the value of participating in career technical
education and work-based learning activities and programs, including,
but not limited to, service learning, regional occupational centers
and programs, partnership programs, job shadowing, and mentoring
experiences.
(F) Understanding the need to develop essential employable skills
and work habits.
(G) Understanding the variety of four-year colleges and
universities and community college vocational and technical
preparation programs, as well as admission criteria and enrollment
procedures.
(e) Educational counseling may also include counseling in any of
the following:
(1) Individualized review of the academic and deportment records
of a pupil.
(2) Individualized review of the pupil's career goals, and the
available academic and career technical education opportunities and
community and workplace experiences available to the pupil that may
support the pursuit of those goals.
(3) Opportunity for a counselor to meet with each pupil and, if
practicable, the parents or legal guardian of the pupil to discuss
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, passage of the high
school exit examination or its successor, education opportunities at
community colleges, eligibility for admission to a four-year
institution of postsecondary education, including the University of
California and the California State University, and the availability
of career technical education. That discussion shall also address the
availability of intensive instruction and services as required
pursuant to subdivision (c) of Section 37254, for up to two
consecutive academic years after the completion of grade 12 or until
the pupil has passed both parts of the high school exit examination
or its successor, whichever comes first, for those pupils who have
not passed one or both parts of the high school exit examination, or
its successor, by the end of grade 12. The educational options
discussed at the meeting shall include, to the extent these services
are available, the college preparatory program and career technical
education programs, including regional occupational centers and
programs and similar alternatives available to pupils within the
school district.
(4) Identifying pupils who are at risk of not graduating with the
rest of their class, are not earning credits at a rate that will
enable them to pass the high school exit examination, or its
successor, or do not have sufficient training to allow them to fully
engage in their chosen career.
(5) In schools that enroll pupils in grades 10 and 12, developing
a list of coursework and experience necessary to assist each pupil in
his or her grade who has not passed one or both parts of the high
school exit examination, or its successor, or has not satisfied, or
is not on track to satisfy, the curricular requirements for admission
to the University of California and the California State University,
and to successfully transition to postsecondary education or
employment.
(6) Developing a list of coursework and experience necessary to
assist each pupil in middle school to successfully transition to high
school and meet all graduation requirements, including passing the
high school exit examination, or its successor.
(7) In schools that enroll pupils in grades 6 to 12, inclusive,
developing a list of coursework and experience necessary to assist
each pupil to begin to satisfy the curricular requirements for
admission to the University of California and the California State
University.
(8) Providing a copy of the lists developed pursuant to paragraphs
(6) and (7) to a pupil and his or her parent or legal guardian,
ensuring that the list of coursework and experience is part of the
pupil's cumulative record.
(9) Informing each pupil who has failed to pass one or both parts
of the high school exit examination, or its successor, of the option
of intensive instruction and services.
(10) Developing a list of coursework and experience for a pupil
enrolled in grade 12, including options for continuing his or her
education if he or she fails to meet graduation requirements. These
options shall include, but are not limited to, all of the following:
(A) Enrolling in an adult education program.
(B) Enrolling in a community college.
(C) Continuing enrollment in the pupil's current school district.
(D) Continuing to receive intensive instruction and services for
up to two consecutive academic years after completion of grade 12 or
until the pupil has passed both parts of the high school exit
examination or its successor, whichever comes first.
(11) Providing a copy of the list of coursework and experiences
developed pursuant to paragraph (10) to the pupil and his or her
parent or legal guardian, ensuring that the list of coursework and
experience is part of the cumulative records of a pupil.
(12) Offering and scheduling an individual conference with each
pupil in grades 10 and 12 who has failed to pass one or both parts of
the high school exit examination, or its successor, or has not
satisfied, or is not on track to satisfy, the curricular requirements
for admission to the University of California and the California
State University and to successfully transition to postsecondary
education or employment, and providing the following information to
the pupil and his or her parent or legal guardian:
(A) Consequences of not passing the high school exit examination,
or its successor.
(B) Programs, courses, and career technical education options
available to the pupil as needed for satisfactory completion of
middle or high school.
(C) Cumulative records and transcripts of the pupil.
(D) Results of standardized and diagnostic assessments of the
pupil.
(E) Remediation strategies, high school courses, and alternative
education options available to the pupil, including, but not limited
to, informing the pupil of the option to receive intensive
instruction and services for up to two consecutive academic years
after completion of grade 12 or until the pupil has passed both parts
of the high school exit examination or its successor, whichever
comes first.
(F) Information on postsecondary education and training.
(G) The score of the pupil on the English language arts or
mathematics portion of the California Standards Test administered in
grade 6, as applicable.
(H) Eligibility requirements, including coursework and test
requirements, and the progress of the pupil toward satisfaction of
those requirements for admission to four-year institutions of
postsecondary education, including the University of California and
the California State University.
(I) The availability of financial aid for postsecondary education.
(13) 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, and personal and social skills.
(f) Professional development related to career and vocational
counseling shall include strategies for counseling pupils pursuing
postsecondary education, career technical education, multiple
pathways, college, and global career opportunities.
(g) 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.
Any information of a personal nature disclosed by a pupil 12
years of age or older in the process of receiving counseling from a
school counselor as specified in Section 49600 is confidential. Any
information of a personal nature disclosed to a school counselor by a
parent or guardian of a pupil who is 12 years of age or older and
who is in the process of receiving counseling from a school counselor
as specified in Section 49600 is confidential. The information shall
not become part of the pupil record, as defined in subdivision (b)
of Section 49061, without the written consent of the person who
disclosed the confidential information. The information shall not be
revealed, released, discussed, or referred to, except as follows:
(a) Discussion with psychotherapists as defined by Section 1010 of
the Evidence Code, other health care providers, or the school nurse,
for the sole purpose of referring the pupil for treatment.
(b) Reporting of child abuse or neglect as required by Article 2.5
(commencing with Section 11165) of Chapter 2 of Title 1 of Part 4 of
the Penal Code.
(c) Reporting information to the principal or parents of the pupil
when the school counselor has reasonable cause to believe that
disclosure is necessary to avert a clear and present danger to the
health, safety, or welfare of the pupil or the following other
persons living in the school community: administrators, teachers,
school staff, parents, pupils, and other school community members.
(d) Reporting information to the principal, other persons inside
the school, as necessary, the parents of the pupil, and other persons
outside the school when the pupil indicates that a crime, involving
the likelihood of personal injury or significant or substantial
property losses, will be or has been committed.
(e) Reporting information to one or more persons specified in a
written waiver after this written waiver of confidence is read and
signed by the pupil and preserved in the pupil's file.
Notwithstanding the provisions of this section, a school counselor
shall not disclose information deemed to be confidential pursuant to
this section to the parents of the pupil when the school counselor
has reasonable cause to believe that the disclosure would result in a
clear and present danger to the health, safety, or welfare of the
pupil.
Notwithstanding the provisions of this section, a school counselor
shall disclose information deemed to be confidential pursuant to
this section to law enforcement agencies when ordered to do so by
order of a court of law, to aid in the investigation of a crime, or
when ordered to testify in any administrative or judicial proceeding.
Nothing in this section shall be deemed to limit access to pupil
records as provided in Section 49076.
Nothing in this section shall be deemed to limit the counselor
from conferring with other school staff, as appropriate, regarding
modification of the pupil's academic program.
It is the intent of the Legislature that counselors use the
privilege of confidentiality under this section to assist the pupil
whenever possible to communicate more effectively with parents,
school staff, and others.
No person required by this section to keep information discussed
during counseling confidential shall incur any civil or criminal
liability as a result of keeping that information confidential.
As used in this section, "information of a personal nature" does
not include routine objective information related to academic and
career counseling.