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Today’s blog post will be talking about the California Education Code. As school counselors, we need to be aware of the legal rights in education in order to fully support our students. Bills, codes, and laws are a great way to advocate for students, who at times do not know how to or cannot advocate for themselves. Also, being knowledgeable of the educational laws can help protect us as school counselors as we advocate for our profession and students.
First, we want to acknowledge that reading text that involves law lingo can be difficult and boring. Hence, we have tried to rewrite them in a way that is hopefully more manageable. We still highly suggest reading the original laws and codes for yourself, which you can access here.
For today’s post, we figured we could discuss a particular portion of California’s Education Code (EDC): Chapter 10, section 49600-49604. But first, we wanted to quickly explain that the California Education Code is a compilation of all the laws connected to California’s K-12 public schools. All county offices of education and local school boards in California are accountable for applying these laws.
In particular, Sections 49600 to 49604 of the California Education Code (EDC) addresses school counselors directly, and their role. In fact, this portion of the EDC is titled Educational Counseling.
Below, we will list (in numerical order) the sections, with an explanation of the law.
Section 49600:
This section highlights that a comprehensive educational counseling program needs to be supplied to all students enrolled in the school district; this counseling program should be structured and coherent. Overall, these laws protect the students, ensuring that they are receiving the services they need in all facets. Section 49600 states that allstudents should have proper supports academically, socially, personally, and career wise. Some key laws are:
- Educational counseling is defined as a school counselor with a valid credential (PPS credential) who counsels students directly.
- Plan, apply, and assess programs to encourage the academic, career, personal, and social growth of all students from all backgrounds and circumstances.
- Use multiple resources to do so and collaborate with the school and community.
- Develop a safe learning environment; this can be done by having restorative justice practices, positive behavior interventions, and support services.
Section 49601:
Essentially, this section is declaring that for grades 7 through 12, career guidance about technology and science should be provided to all students, discussing career options, how to get into that field, and any other related information. This should be done objectively, while using resources form public and private organizations to help students’ preparation for these careers. Also, the advising should be done with enough time for the student to be able to begin a career in technology or science.
Section 49602:
This section discusses pupil/counselor confidentiality. Basically, a certified school counselor must keep the information of a personal nature disclosed during counseling confidential, with a student aged 12 or older. This also applies to if the parent of the student shares personal information, and the student is aged 12 or older. The only times confidentiality can be broken are when: exceptions to this are:
- The school counselor reports child abuse/neglect.
- A student’s case needs to be discussed with a psychotherapist, school nurse, or other health care provider so the student can be referred for treatment.
- A consultation with school staff concerning modification of the student’s academic program is needed.
- There is a clear and present danger to the student, school staff, parents, or members of the school community, and information needs to be disclosed to the principal and parent to avoid further damage.
- To report to school staff members (as necessary), of parents** (of pupil), or other persons concerning crimes (intended or committed) involving the likelihood of personal injury or significant or substantial property loss.
- There is a chance of personal injury or significant or substantial property loss; the parents of the student committing the crime need to be notified, along with the victim and parents of the victim, and as necessary school staff members.
- Law enforcement officials need to be informed under court order, to aid in the investigation of a crime, or to obey administrative or judicial proceedings.
- There is a written waiver, clarifying that a person or persons can receive information, and it is read aloud and signed by the student (keep in student’s file).
Section 49603:
Schools districts that have grades 9 through 12 cannot ban access to the military services.
Section 49604:
This section states that all middle schools, junior high schools, and high schools must get a notice from the Superintendent of Public Instruction, urging all school counselors to get suicide prevention training at least one time when employed, and provides comprehensive and detailed information about the suicide prevention training.
These are all five of the EDC’s Educational Counseling laws. I began with these five laws because of their connection to ASCA Ethical Standards for School Counselors, ASCA School Counselor Competencies, and ACA Code of Ethics. These laws, and guidelines from ASCA and ACA are great starting points to begin practicing as an ethical and legal conscience school counselor.
Thank for reading today’s post. If any of you have any questions or comments, feel free to reach out to us!
- Counselor’s Circle
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