BILL NUMBER: AB 1362	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2011

INTRODUCED BY   Assembly Member Nestande
   (Coauthor: Senator Padilla)

                        FEBRUARY 18, 2011

   An act to add Section 46001 to the Education Code, relating to
pupil attendance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1362, as amended, Nestande. Pupil attendance: electronic
attendance accounting systems.
   Existing law requires that pupil attendance and absence be
recorded for certain purposes, including meeting requirements
relating to the minimum required school day and calculation of
average daily attendance. Existing law requires that records of pupil
attendance be kept according to specified provisions of law.
   This bill would authorize a local educational agency to use
electronic attendance accounting systems that meet certain
requirements, and that are approved by the State Department of
Education, for purposes of demonstrating that pupils have satisfied
the minimum instructional time requirements and for purposes of
computing average daily attendance. The bill also would authorize
pupil attendance records to be combined from more than one system,
including manual and electronic attendance accounting systems. 
The bill would specify   that its provisions do not
authorize the use of radio frequency identification, global
positioning systems, biometric information, or any other technology
that allows the electronic tracking of pupils or the collection of
pupil data, as well as the collection, dissemination, or release of
individual pupil data in a manner that violates state or federal
privacy law. The bill would state the Legislature's intent that
electronic attendance accounting systems only be used to facilitate
the recording and reporting of attendance and absence information by
employees of the local educational agency or other individuals
lawfully provided access to that information. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 46001 is added to the Education Code, to read:
   46001.  (a) Notwithstanding any other  provision of
 law, records of cumulative minutes of instruction for an
individual pupil may be combined from more than one system, including
manual and electronic attendance accounting systems  approved by
the department  , to satisfy the requirements of Section 44809,
to satisfy accounting for the minimum school day requirements
pursuant to Chapter 2 (commencing with Section 46100), and to be used
for computing average daily attendance pursuant to Chapter 3
(commencing with Section 46300).
   (b) (1) Local educational agencies may use electronic attendance
accounting systems approved by the department for purposes of
demonstrating that pupils have satisfied the minimum instructional
time requirements and for purposes of computing average daily
attendance.
   (2) For purposes of this section, electronic attendance accounting
systems, at a minimum, shall  track   allow the
teacher or employee of the local educational agency to record 
the original date and time that data is entered for each pupil and
identify by password or other acceptable mechanism the identity of
the  data recorder.   individual recording the
attendance data.  
   (c) Nothing in this section shall be interpreted to authorize
either of the following:  
   (1) The use of radio frequency identification, global positioning
systems, biometric identification, or any other technology that
allows the electronic tracking of pupils or the collection of pupil
data.  
   (2) The collection, dissemination, or release of individual pupil
data in a manner that violates either state law protecting pupil
privacy or the federal Family Educational Rights and Privacy Act (20
U.S.C. Sec. 1232g).  
   (d) It is the intent of the Legislature that electronic attendance
accounting systems only be used to facilitate the recording and
reporting of attendance and absence information by employees of the
local educational agency or other individuals provided access to that
information under state law protecting pupil privacy or the federal
Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g).