BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: AB 643
AUTHOR: Stone
AMENDED: May 7, 2013
FISCAL COMM: No HEARING DATE: June 12, 2013
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : Pupil records: foster youth.
SUMMARY
This bill requires school districts to allow access to school
records to that youth's social worker or probation officer,
conforming to the federal Uninterrupted Scholars Act.
BACKGROUND
The federal Family Educational Rights and Privacy Act (FERPA)
prohibits federal funds from being provided 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 pupil's parents. FERPA exempts
from the general parental consent requirement certain kinds
of disclosures, including disclosures to state and local
officials for the purposes of conducting truancy proceedings,
a criminal investigation, auditing or evaluating an
educational program, or in relation to the application for
financial aid. (United States Code, Title 20, Section 1232g
and Code of Federal Regulations, Title 34, Sections 99.31)
Current state law prohibits a school district from permitting
access to pupil records to a person without parental consent
or under judicial order, with some exceptions:
1) School districts are required to permit access to
records relevant to the legitimate educational interests
of specified requesters, including:
a) School officials and employees of the
districts, members of a school attendance review
board and any volunteer aide (as specified),
AB 643
Page 2
provided that the person has a legitimate
educational interest to inspect a record.
b) Officials and employees of other public
schools or school systems where the pupil intends
to or is directed to enroll.
c) Other federal, state and local officials as
specified.
d) Parents of a pupil 18 years of age or older
who is a dependent.
e) A pupil 16 years of age or older or having
completed the 10th grade who requests access.
f) A district attorney, judge or probation
officer, in relation to truancy proceedings.
g) A district attorney's office for consideration
against a parent for failure to comply with
compulsory education laws.
h) A probation officer, district attorney, or
counsel of record for a minor, in relation to a
criminal investigation or in regard to declaring a
person a ward of the court or involving a violation
of a condition of probation.
i) A county placing agency when acting as an
authorized representative of a state or local
educational agency. (Education Code � 49076)
2) School districts are authorized to release information
from pupil records to the following:
a) Appropriate persons in connection with an
emergency if the information is necessary to
protect the health or safety of a pupil or other
person.
b) Agencies or organizations in connection with
the application of a pupil for, or receipt of,
financial aid.
AB 643
Page 3
c) The county elections official for the
identification of pupils who are eligible to
register to vote.
d) Accrediting associations in order to carry out
accrediting functions.
e) Organizations conducting studies on behalf of
educational agencies or institutions for the
purpose of developing, validating or administering
predictive tests, administering student aid
programs, and improving instruction.
f) Officials and employees of private schools or
school systems where the pupil is enrolled or
intends to enroll.
g) A contractor or consultant with a legitimate
educational interest who has a formal written
agreement or contract with the school district
regarding the provision of outsourced institutional
services or functions by the contractor or
consultant. (EC � 49076)
Current law requires school districts to notify parents in
writing of their rights, including the types of pupil records
kept by the district, the position of the official
responsible for the records, the policies for reviewing and
expunging records, and
the criteria used by the district to define "school officials
and employees" and to determine "legitimate educational
interest." (EC � 49063)
The federal Uninterrupted Scholars Act amended Family
Educational Rights and Privacy Act (FERPA) to require school
districts to allow access to pupil records to an agency
caseworker or other representative of a state or local child
welfare agency, or tribal organization, who has the right to
access a pupil's case plan, when such agency or organization
is legally responsible for the care and protection of the
pupil. The Uninterrupted Scholars Act prohibits the records
or information from being disclosed by the agency or
AB 643
Page 4
organization except to an individual or entity engaged in
addressing the pupil's educational needs and authorized by
such agency or organization to receive such disclosure and
the disclosure is consistent with applicable state or tribal
laws protecting the confidentiality of a pupil's education
records. (United States Code � 1232g(b)(L))
ANALYSIS
This bill requires school districts to allow access to school
records to that youth's social worker or probation officer,
conforming to the federal Uninterrupted Scholars Act.
Specifically, this bill:
1) Requires school districts to permit access to particular
records relevant to the legitimate educational interests
to an agency caseworker or other representative of a
state or local child welfare agency, or tribal
organization that has legal responsibility for the care
and protection of the pupil.
2) Authorizes pupil records or personally identifiable
information contained in those records to be disclosed
by the agency or tribal organization to an individual or
entity who is engaged in addressing the pupil's
educational needs and who is authorized by that agency
or tribal organization to receive those disclosures.
3) Otherwise prohibits the agency or tribal organization
from disclosing the pupil's records or personally
identifiable information except as provided by the
federal Family Educational Rights and Privacy Act, state
law or tribal law.
STAFF COMMENTS
1) Need for the bill . According to the author, "Earlier
this year, Congress passed and the President signed into
law the Uninterrupted Scholars Act, which amended the
Family Educational Rights and Privacy Act to add a
social worker or caseworker who is legally responsible
for the care and supervision of a foster youth to the
list of permitted individuals who can access a pupil's
educational records. Prior to its adoption, a foster
AB 643
Page 5
youth's social worker had to undergo the administrative
and often times consuming burden of requesting and
obtaining a court order to simply gain access to the
youth's educational records to determine their
educational needs and what additional assistance they
would need to improve their educational outcomes."
2) Access by county placing agency . Current law requires
schools to permit access to pupil records to a county
placing agency when acting as an authorized
representative of a state or local educational agency.
County placing agencies typically refers to child
welfare services (foster care) but is also applicable to
probation departments. This bill extends access to an
agency caseworker or other representative of a state or
local child welfare agency, or tribal organization that
has legal responsibility for the care and protection of
the pupil. Allowing a youth's social worker or
probation officer to access the pupil's records enables
an individual who knows the pupil (rather than allowing
the agency to access the records) to be more immediately
informed and address educational issues of the youth.
3) Disclosure to third party . This bill authorizes pupil
records or personally identifiable information contained
in those records to be disclosed by the child welfare
agency or tribal organization to an individual or entity
who is engaged in addressing the pupil's educational
needs and who is authorized by that agency or tribal
organization to receive those disclosures. Examples of
such individuals or entities could include tutors, after
school programs, wrap services and foster parents.
While the reference to individuals or entities is vague,
this bill does require the child welfare agency or
tribal organization to authorize the disclosure of
information to such individuals or entities. However,
staff recommends an amendment to authorize the
caseworker to release to an individual or entity who is
engaged in addressing the pupil's educational needs only
the information in the school records that are directly
related to the assistance provided by that individual or
entity. For example, a math tutor should only have
access to information specific to the pupil's coursework
and assessments in math but not other subject areas,
AB 643
Page 6
attendance or discipline.
(On page 4, strike lines 3-8 and insert "(ii) The agency or
organization specified in clause (i) may disclose to an
individual or entity who is engaged in addressing the
pupil's educational needs and who is authorized by that
agency or organization to receive the disclosure pupil
records obtained pursuant to this subparagraph, or
personally identifiable information contained in those
records, that is directly related to the assistance
provided by that individual or entity. The records, or
the")
4) Related legislation . AB 1068 (Bloom) restricts the
release of directory information for pupils who are
identified as homeless. AB 1068 is pending in the
Senate.
SUPPORT
All Saints Church Foster Care Project
Association of California School Administrators
California Alliance of Child and Family Services
California School Boards Association
Children Now
County Welfare Directors Association of California
Legal Advocates for Children & Youth
Los Angeles County Board of Supervisors
Los Angeles County Commission for Children and Families
Los Angeles County Office of Education
National Center for Youth Law
OPPOSITION
None on file.