BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 143|
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                                 THIRD READING


          Bill No:  AB 143
          Author:   Fuentes (D)
          Amended:  6/27/11 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  9-0, 6/22/11
          AYES:  Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu, 
            Price, Simitian, Vargas
          NO VOTE RECORDED:  Runner, Vacancy

           SENATE JUDICIARY COMMITTEE  :  5-0, 7/5/11
          AYES:  Evans, Harman, Blakeslee, Corbett, Leno

           ASSEMBLY FLOOR  :  68-0, 4/25/11 (Consent) - See last page 
            for vote


           SUBJECT  :    Pupil records:  privacy rights

           SOURCE  :     Author


           DIGEST  :    This bill adds to the list of people who may 
          obtain a pupils school records, for specified purposes, a 
          minors counsel of record and requires those in receipt of 
          such records to certify that the information shall not be 
          disclosed to another person.

           ANALYSIS  :    

           Existing law  :

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          1. Prohibits a school district from permitting access to 
             pupil records to a person without parental consent or 
             under judicial order except to certain people for 
             specified purposes, including to a probation officer or 
             district attorney for the purposes of conducting a 
             criminal investigation, or an investigation in regards 
             to declaring a person a ward of the court or involving a 
             violation of a condition of probation.  

          2. Authorizes a school district to permit access to pupil 
             records to a person who has obtained from the pupil's 
             parent a written consent specifying the records to be 
             released and identifying the party or class to whom the 
             records may be released.  The recipient of the records 
             is to be notified that transmission of the information 
             to others without the written consent of the parent is 
             prohibited.

          3. Prohibits, pursuant to the federal Family Educational 
             Rights and Privacy Act (FERPA), federal funds from being 
             made available to any educational agency or institution 
             which has a policy or practice of permitting the release 
             of a pupil's educational records to any individual, 
             agency, or organization without the written consent of 
             the student's parents.  FERPA exempts from the general 
             parental consent requirement certain kinds of 
             disclosures, including disclosures to state and local 
             authorities or officials for the purposes of conducting 
             a criminal investigation or an investigation in regards 
             to declaring a person a ward of the court or involving a 
             violation of a condition of probation.  

             FERPA requires that the officials and authorities to 
             whom the records are released certify in writing that 
             the information is not disclosed to any other party 
             without the prior written consent of the parent.  

          4. Requires school districts to adopt a policy identifying 
             those categories of directory information that may be 
             released.  The district is to determine which 
             individuals, officials, or organizations may receive 
             directory information.  "Directory information" is 
             defined as one or more of the following items:


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             A.    Pupil's name.
             B.    Pupil's address.
             C.    Pupil's telephone number.
             D.    Date and place of pupil's birth.
             E.    Pupil's major field of study.
             F.    Participation by the pupil in officially 
                recognized activities and sports.
             G.    Weight and height of members of athletic teams,
             H.    Pupil's dates of attendance.
             I.    Degrees and awards received by the pupil.
             J.    Most recent previous public or private school 
                attended by the pupil.  

          5. Provides, under FERPA, that an educational agency or 
             institution, or a party that has received a student's 
             records or information from a student's records may 
             release the records or information without the consent 
             of the parent after removing all personally identifiable 
             information.

          This bill adds a minor's counsel of record to the list of 
          people who may obtain a pupil's school records, and 
          requires those in receipt of such records to certify that 
          the information shall not be disclosed to another person.  
          Specifically, this bill:

          1. Requires a school district to permit access to pupil 
             records without parental consent or judicial order to a 
             counsel of record for a minor for the purposes of 
             conducting a criminal investigation or an investigation 
             in regards to declaring the minor a ward of the court or 
             involving a violation of a condition of probation.

          2. Deems a probation officer, district attorney and counsel 
             of record for a minor to be "local officials" for 
             purposes of FERPA.

          3. Requires the officials and authorities to whom pupil 
             records are disclosed pursuant to this bill, and law 
             enforcement authorities, to certify in writing to the 
             school district that the information shall not be 
             disclosed to another party without the prior written 
             consent of the parent or education rights holder, except 
             as provided pursuant to FERPA.

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          4. Requires pupil records obtained by a probation officer, 
             district attorney or counsel of record for a minor to be 
             subject to specified evidentiary rules.

          5.  Redefines directory information to no longer include a 
             pupil's place of birth and to also include a pupil's 
             email address.

          6. Conforms state law to the federal requirement that a 
             student's records may be released without written 
             parental consent to other parties so long as the 
             student's personally identifying information is 
             redacted.

           Comments
           
           FERPA and local officials or authorities  .  FERPA provides 
          limited access to educational records in juvenile justice 
          matters to state and local "officials or authorities" where 
          the disclosure serves a legitimate educational purpose and 
          concerns the juvenile justice system's ability to 
          effectively serve the pupil.  In such cases, FERPA requires 
          that the officials and authorities to whom the records are 
          released certify in writing that the information is not 
          disclosed to any other party without the prior written 
          consent of the parent.  However, federal regulations do not 
          define "official" or "authority" and do not establish 
          exactly what matters concerning juvenile justice would 
          qualify as legitimate purposes.  This bill deems a minor's 
          counsel of record, as an officer of the court, a local 
          official in the same manner that existing state law deems 
          the district attorney and probation officer a local 
          official.   

           Previous/Related Legislation

           AB 733 (Ma), 2011-12 Session, makes several changes to 
          conform to FERPA.  Passed the Senate with a votes of 33-0 
          on July 1,2 011.  (Held at Senate Desk)

          AB 261 (Salas), 2009-10 Session, would have made several 
          changes to conform to FERPA.  Passed the Senate with a vote 
          of 36-0 on July 16, 2009.  The bill was subsequently vetoed 

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          by Governor Schwarzenegger.  His veto message read, in 
          pertinent part:

            "While the stated intent of this bill is purported to 
            conform state special education law to changes to the 
            federal Individuals with Disabilities Education Act, 
            its provisions appear to expand beyond federal 
            requirements, and therefore could expose the State to 
            significant reimbursable state mandate costs."

          AB 2630 (Salas), 2007-08 Session, was substantially similar 
          to AB 261 from 2009.  AB 2630 passed the Senate with a vote 
          of 37-1 on August 2, 2008.  The bill was subsequently 
          vetoed by Governor Schwarzenegger with the same veto 
          message as was provided for AB 261 in 2009.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

           SUPPORT  :   (Verified  7/7/11)

          American Federation of State, County and Municipal 
          Employees, AFL-CIO
          California Federation of Teachers
          California Public Defenders Association
          California School Boards Association
          Kern County Superintendent of Schools

           ARGUMENTS IN SUPPORT  :    According to the author's office, 
          the exception that allows access to pupil records without 
          parental consent or judicial order to certain court 
          officers for specified purposes "limits access to education 
          records without parent consent to only two of the three 
          necessary juvenile court officers in juvenile proceedings.  
          Minor's counsel is not provided equal access to these, 
          often critical, records.  Minor's counsel often must 
          petition the court for access to these records, wasting 
          valuable court time.  Arguably, minor's counsel should have 
          the easiest and most comprehensive access to these records, 
          since they are the one player in the juvenile justice 
          system whose sole charge is representing the best interest 
          of the minor.  This bill will simply put minor's counsel on 
          equal footing with the other players in the juvenile 
          justice system and will reduce the need for costly, 

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          unnecessary court hearings."


           ASSEMBLY FLOOR  : 
          AYES: Achadjian, Alejo, Allen, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Eng, Feuer, Fong, Fuentes, Galgiani, Garrick, Gatto, 
            Gordon, Grove, Hagman, Hall, Harkey, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Jones, Knight, 
            Lara, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, 
            Mitchell, Nestande, Nielsen, Norby, Pan, Perea, V. Manuel 
            Pérez, Portantino, Silva, Skinner, Smyth, Solorio, 
            Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, 
            Yamada, John A. Pérez
          NO VOTE RECORDED: Ammiano, Donnelly, Fletcher, Furutani, 
            Gorell, Halderman, Jeffries, Mansoor, Monning, Morrell, 
            Olsen, Vacancy


          CPM:do  7/7/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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