BILL ANALYSIS �
AB 643
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CONCURRENCE IN SENATE AMENDMENTS
AB 643 (Stone)
As Amended June 19, 2013
Majority vote
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|ASSEMBLY: |75-0 |(May 13, 2013) |SENATE: |39-0 |(June 24, |
| | | | | |2013) |
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Original Committee Reference: ED.
SUMMARY : Amends California law to align the exceptions created
to the Family Educational Rights and Privacy Act (FERPA) by the
federal Uninterrupted Scholars Act of 2013. The language in
this bill is substantially similar, and in most instances
identical, to the language of the Uninterrupted Scholars Act of
2013. Specifically, this bill :
1)Creates an exception to the general rule that a school
district shall not permit access to pupil records without
written parental consent or under judicial order by permitting
the release of pupil records to an agency caseworker or other
representative of a state or local child welfare agency, or
tribal organization, that has legal responsibility, in
accordance with state law, for the care and protection of the
pupil.
2)Specifies that records, and the personally identifiable
information within, disclosed to a state or local child
welfare agency, or tribal organization, that has legal
responsibility for the care and protection of the pupil may be
disclosed by that agency or organization to an individual or
entity who is engaged in addressing the pupil's educational
needs and is authorized by that agency or organization to
receive the disclosure.
The Senate amendments clarify that pupil records, or the
information contained therein, released by an agency or
organization to an individual or entity engaged in addressing
the pupil's educational needs may only be released if that
individual or entity is authorized by the agency or organization
to receive such a disclosure and is directly related to the
assistance provided by that individual or entity. The Senate
amendments also make technical clarifying changes to these
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provisions.
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to advocates for foster youth, the
Uninterrupted Scholars Act of 2013, and in turn this bill will
help to close the academic achievement gap between children in
foster care and their peers by providing youth with the support
they need to avoid problems like inappropriate course placement
and lost credits upon changing schools. Specifically, it will
allow caseworkers, or other representative of a state or local
child welfare agency, or tribal organization to access
transcripts and report cards for foster youth while maintaining
important privacy protections.
According to the author, FERPA unintentionally created a harmful
barrier that prevented child welfare caseworkers or other
representatives of a state or local child welfare agency, or
tribal organization with legal responsibility for foster
children from being able to quickly access the school records
necessary to help meet the educational needs of students in
foster care. This led to significant delays that contributed to
inappropriate course placements, enrollment delays, lost
credits, delayed graduation, and drop-outs. In fact, foster
youth sometimes had to repeat coursework they had already taken
because child welfare agencies had incorrect or limited
educational information. These youth also missed school for
extended periods of time while waiting for school records to
transfer when placed with a new caregiver. This was remedied in
federal law by the enactment of the Uninterrupted Scholars Act.
Similarly, this bill seeks to remedy the deficiencies in state
law by allowing child welfare agencies or other representatives
of a state or local child welfare agency, or tribal organization
access to the education records of children within their care
while also preserving the educational privacy rights granted to
students under current federal, state, and tribal law. As a
result, the more than 56,000 foster youth in California will now
have additional tools for their advocates to ensure they are
immediately enrolled into school and have access to the
interventions they may need to succeed academically.
Analysis Prepared by : Jill Rice / ED. / (916) 319-2087
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