BILL NUMBER: AB 1539 AMENDED BILL TEXT AMENDED IN SENATE AUGUST 20, 2001 AMENDED IN ASSEMBLY APRIL 25, 2001 INTRODUCED BY Assembly Member Pavley (Coauthors: AssemblyMemberMembers Cedillo, Goldberg, Robert Pacheco, and Pescetti) FEBRUARY 23, 2001 An act to add Sections 49079.5, 56435, 56449, and 58930 to, to add Article 13.5 (commencing with Section 8282) to Chapter 2 of Part 6 of, and to add Chapter 2.5 (commencing with Section 8499.10) to Part 6 of, the Education Code, relating to preschool transition, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1539, as amended, Pavley. Pupils: transfer of preschool information. Existing law sets forth provisions controlling the maintenance and disclosure of pupil records, and establishes the California School Information Services system in part to build the capacity of local education agencies to implement and maintain effective pupil information systems. This bill would require the Superintendent of Public Instruction to develop procedures and take steps necessary to ensure that a child' s records, including, but not limited to, preschool or infant or toddler program records, transfer to a public school when the child transfers, would require the superintendent to advise local education agencies regarding related federal Head Start requirements, and would make conforming changes. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. This act shall be known and cited as the Preschool Transfer Act of 2001. SEC. 2. Article 13.5 (commencing with Section 8282) is added to Chapter 2 of Part 6 of the Education Code, to read: Article 13.5. Transfer of Information 8282. (a) The Legislature finds and declares that the state makes a substantial, annual investment in preschool, infant and toddler, and schoolage child development programs for eligible families. It is in the best interests of children and their families, and the taxpayers of California, to have information about the development and learning abilities of children developed in these settings, health and other information transferred to, or otherwise available to, the pupil's elementary school. (b) When a child in a state-funded preschool or infant and toddler program will be transferring to a local public school, the superintendent shall take steps necessary to ensure the coordination of the transfer of the child and the transfer of information from the previous year deemed beneficial to the pupil and the teacher, including, but not limited to, development issues, social interaction abilities, health background, and diagnostic assessments, if any. (c) Any child who has participated in a state subsidized preschool that maintains results-based standards, including the desired results accountability system, shall have the performance information transferred to any subsequent or concurrent public school setting. Any transferred information shall be in summary form and only accomplished with the permission of the parent or guardian. The superintendent shall develop procedures to guide public schools on the use of the results-based, preschool standards. SEC. 3. Chapter 2.5 (commencing with Section 8499.10) is added to Part 6 of the Education Code, to read: CHAPTER 2.5. HEAD START 8499.10. The Legislature finds and declares all of the following: (a) The Congress has recognized the importance of the transfer from preschool to primary school. Section 642A of Title VI of Subtitle A of Chapter 8 of Subchapter B of the federal Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35) was enacted to require grantees of federal Head Start funds to take steps to coordinate with and involve the local educational agency serving the community, including, but not limited to, all of the following: (1) Developing and implementing a systematic procedure for transferring, with parental consent, Head Start program records for each participating child to the school in which the child will enroll. (2) Establishing channels of communication between Head Start staff and their counterparts in the schools, including, but not limited to, teachers, social workers, and health staff, to facilitate the coordination of programs. (3) Conducting meetings involving parents, kindergarten or elementary school teachers, and Head Start program teachers to discuss the educational, developmental, and other needs of individual children. (4) Organizing and participating in joint transition-related training of school staff and Head Start staff. (5) Developing and implementing a family outreach and support program in cooperation with entities carrying out parental involvement efforts under Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.). (6) Assisting families, administrators, and teachers in enhancing educational and developmental continuity between Head Start services and elementary school classes. (7) Linking the services provided in the Head Start program with the education services provided by the local educational agency. (b) The superintendent shall advise local education agencies of these federal requirements, and shall take steps as necessary to ensure the coordination of the transfer of Head Start children to public schools and the transfer of information deemed beneficial to the pupil and the teacher. SEC. 4. Section 49079.5 is added to the Education Code, to read: 49079.5. The superintendent shall provide for the transfer of pupil records or information as may be developed by state-supported preschools and early education programs and deemed necessary by the superintendent and local education agencies. SEC. 5. Section 56435 is added to the Education Code, to read: 56435. When a child with exceptional needs will be transferring to a local public school, the superintendent shall take steps necessary to ensure the coordination of the transfer of the child and the transfer of information from the previous year deemed beneficial to the pupil and the teacher, including, but not limited to, development issues, social interaction abilities, health background, and diagnostic assessments, if any. SEC. 6. Section 56449 is added to the Education Code, to read: 56449. When a child between the ages of three and five years with special education needs will be transferring to a local public school, the superintendent shall take steps necessary to ensure the coordination of the transfer of the child and the transfer of information from the previous year deemed beneficial to the pupil and the teacher, including, but not limited to, development issues, social interaction abilities, health background, and diagnostic assessments, if any. SEC. 7. Section 58930 is added to the Education Code, to read: 58930. When a child in a preschool and infant development demonstration program will be transferring to a local public school, the superintendent shall take steps necessary to ensure the coordination of the transfer of the child and the transfer of information from the previous year deemed beneficial to the pupil and the teacher, including, but not limited to, development issues, social interaction abilities, health background, and diagnostic assessments, if any. SEC. 8. The Superintendent of Public Instruction shall, by May 31, 2002, determine what information shall be transferred pursuant to this act, as well as the format and process for the information transfer, and shall notify all state-funded preschool and infant and toddler programs, Head Start programs, and public schools of the new information transfer process and its implementation. The requirement for all state-funded preschool and infant and toddler programs to transfer information shall commence on July 1, 2002. SEC. 9. The Legislature finds and declares that the State Department of Education will soon require all of its preschool and infant and toddler programs to implement outcome measures, referred to as "desired results." The consequence of this requirement will be the standardization of assessment and reporting among all state contracted programs and the integration of goals for prekindergarten, kindergarten, and grades 1 to 12, inclusive. Therefore, new costs for contractors associated with this act relate only to the duplication and transmittal of prekindergarten information to public schools. The Superintendent of Public Instruction shall adjust preschool and infant and toddler contracts to eliminate less important tasks or requirements in order that the critical task of records transfer may be accomplished without additional cost to the state or to contractors. SEC. 10. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: To ensure coordinated transfer of children from state-funded preschool and Head Start programs to public schools and to ensure that appropriate records are available to the school and the primary teacher, as soon as possible, it is necessary that this act take effect immediately.