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 ****