BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  AB 1799|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 1799
          Author:   Bradford (D)
          Amended:  6/27/12 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  9-0, 6/20/12
          AYES:  Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu, 
            Price, Simitian, Vargas
          NO VOTE RECORDED:  Runner, Vacancy

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 8/6/12
          AYES:  Kehoe, Walters, Alquist, Dutton, Lieu, Price, 
            Steinberg
           
          ASSEMBLY FLOOR  :  77-0, 05/29/12 - See last page for vote


           SUBJECT  :    Pupil records:  pupil transfers

           SOURCE  :     Los Angeles County Office of Education


           DIGEST  :    This bill requires that, if a pupil transfers 
          from one school to another within the state, the pupils 
          permanent record or a copy of it shall be transferred from 
          the former school within 10 schooldays following the date 
          the request is received from the new school.

           ANALYSIS  :    

          Existing law:

                                                           CONTINUED





                                                              AB 1799
                                                                Page 
          2

          1. Requires whenever a pupil transfers from one school 
             district to another or to a private school, or transfers 
             from a private school to a public school, the pupil's 
             permanent record or a copy, shall be transferred by the 
             former school upon request to the school where the pupil 
             intends to enroll.  In addition, current law authorizes 
             the State Board of Education (SBE) to adopt rules and 
             regulations concerning the transfer of records.  
             (Education Code (ED) Section 49068)

          2. Implements the Interstate Compact on Educational 
             Opportunity for Military Children that creates a formal 
             interstate agreement that addresses the educational 
             transition issues of children of military families, 
             including requiring the former school to provide records 
             within ten days of a request for those records from the 
             new school of enrollment. Note that the two schools 
             involved would be in different states.  (ED Section 
             49700)

          3. Requires the former local educational agency (LEA) to 
             transfer a foster youth, and that pupil's educational 
             information and records to the new LEA within two 
             business days from the date that a request is made by a 
             county placing agency.  (ED Section 49069.9)

          4. Requires the school district, where a student with 
             disabilities is now enrolled, to "promptly acquire" a 
             new pupil's records, including the Individualized 
             Education Plan, from the former school district; also 
             requires the former district to supply these records 
             within five business days of a request from the new 
             district of enrollment.  (ED Section 56043)

          5. Requires, under the federal McKinney-Vento Act, that the 
             former school district transfer pupil records for 
             homeless youth to the district where the pupil intends 
             to or is now enrolled.

          This bill requires that, if a pupil transfers from one 
          school to another within the state, the pupil's permanent 
          record or a copy of it shall be transferred from the former 
          school within 10 schooldays following the date the request 
          is received from the new school.  In addition, this bill:







                                                               AB 1799
                                                                Page 
          3


          1. Defines "schoolday" to mean any day upon which the 
             school is in session or non-holiday weekdays during the 
             summer break.

          2. Authorizes the SBE to adopt rules and regulations 
             concerning the transfer of pupil records.  

          3. Specifies findings and declarations that:

             A.    The academic record of a transferring pupil is 
                essential to the pupil's placement, academic success, 
                and timely graduation; and

             B.    An accurate, updated pupil record enhances school 
                safety, academic achievement, and pupil welfare when 
                the record of a transferring pupil includes 
                transcripts, immunization records, and, when 
                applicable, suspension notices, expulsion records, 
                and individualized education programs.

          4.  Specifies that it does not supersede any other state or 
             federal law governing the transfer of pupil records for 
             specific pupil populations, including, but not limited 
             to, provisions governing the transfer of pupil records 
             (a) pupil in foster care and (b) individuals with 
             exceptional needs.

           Prior legislation  .  AB 1065 (Bradford, 2011) would have 
          required a school district or a private school to transfer 
          a pupil's permanent record to his/her new school district 
          or private school of enrollment no later than five business 
          days following the date of the request, as specified.  The 
          bill was held on the Assembly Appropriations Committee 
          suspense file.    

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

          According to the Senate Appropriations Committee, this bill 
          is unlikely to result in new costs to any school district 
          that would meet the minimum threshold ($1,000) for filing a 
          claim for mandate reimbursement as a result of its 
          imposition of a 10-day deadline.







                                                               AB 1799
                                                                Page 
          4


           SUPPORT  :   (Verified  8/7/12)

          Los Angeles County Office of Education (source)
          AFSCME
          Association of California School Administrators
          California Association of Private School Organizations
          California County Superintendents Educational Services 
          Association
          Centinela Valley Union High School District
          Hawthorne School District
          Lawndale Elementary School District
          San Francisco Unified School District
          Wiseburn School District


           ARGUMENTS IN SUPPORT  :    According to the Los Angeles 
          County Office of Education, sponsor of this bill, "too 
          often, a pupil's permanent record is not sent in a 
          reasonable amount of time. In many instances, the records 
          are sent a year or two from the date of the initial 
          request, and in numerous instances the records are never 
          sent.  The lack of the response by the district and private 
          schools is hindering the correct educational placement of 
          the student as well as preventing access to vital pupil 
          records."


           ASSEMBLY FLOOR  :  77-0, 5/29/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth 
            Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, 
            Hagman, Halderman, Harkey, Hayashi, Roger Hernández, 
            Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, 
            Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, 
            Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, 
            Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, 
            Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, 
            Wagner, Wieckowski, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED:  Cedillo, Fletcher, Hall








                                                               AB 1799
                                                                Page 
          5


          PQ:k  8/8/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****