Amended in Senate July 10, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1159


Introduced by Assemblybegin delete Members Blumenfield and Bloomend deletebegin insert Member Gonzalezend insert

begin insert

(Principal coauthor: Senator De León)

end insert

February 22, 2013


begin delete An act to amend Sections 60607 and 60641 of, and to add Sections 60810.5 and 60851.5 to, the Education Code, relating to pupils.end deletebegin insert An act to amend Sections 22442 and 22443.1 of, to add Sections 22442.15 and 22442.20 to, and to add Article 16 (commencing with Section 6240) to Chapter 4 of Division 3 of, the Business and Professions Code, relating to immigration services.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1159, as amended, begin deleteBlumenfieldend delete begin insertGonzalezend insert. begin deletePupils: achievement data: charter schools.end deletebegin insert Immigration services.end insert

begin insert

Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation.

end insert
begin insert

This bill would require attorneys providing immigration reform act services, as defined, to register with the State Bar, as specified. The bill would require these attorneys to provide a client with a written contract containing specified information, including an itemized list, with costs, of each service to be performed; to provide to the client a statement of accounting for the services rendered and payments made every 2 months; and to deliver to the client a copy of each document or form completed on behalf of the client. The bill would require these attorneys to comply with certain requirements relating to document retention and the return of original documents to clients and to file with the State Bar a bond of $100,000 in accordance with specified provisions. The bill would require these attorneys to deposit in a client trust account any funds received from the client prior to performing those services for that client, and would impose certain requirements relating to the expenditure of funds from this trust account. The bill would authorize the State Bar to charge these attorneys certain fees for the reasonable regulatory costs of administering and enforcing these provisions and would require the State Bar to adopt rules and regulations for purposes of implementing these provisions.

end insert
begin insert

Existing law provides for the regulation of a person engaged in the business or acting in the capacity of an immigration consultant, and provides that a violation of these provisions is a crime. Existing law requires an immigration consultant to provide a client with a written contract containing specified information prior to providing services. Existing law requires an immigration consultant to file a bond of $50,000 with the Secretary of State in accordance with specified provisions of law.

end insert
begin insert

This bill would increase the amount of this bond to $100,000. The bill would require that the written contract contain additional information relating to an explanation of the purpose of each service to be performed. The bill would require an immigration consultant to establish a client trust account and to deposit in this account any funds received from the client prior to performing immigration reform act services, as defined, for that client, and would impose certain requirements relating to the expenditure of funds from this trust account.

end insert
begin insert

The bill would prohibit an attorney or an immigration consultant from demanding or accepting the advance payment of any funds from a person before the enactment of a specified federal act, and would require any funds received after January 1, 2014, but before the enactment of the federal act, to be refunded to the client.

end insert
begin insert

Because a violation of these provisions by an immigration consultant would be a crime, this bill would impose a state-mandated local program.

end insert
begin insert

This bill would provide that certain of its provisions would become operative only upon the enactment of a specified federal act relating to immigration reform.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

Existing law establishes various programs for measuring pupil achievement, including the Standardized Testing and Reporting (STAR) Program, the high school exit examination, and English language development testing programs. Existing law requires that each pupil have an individual record of accomplishment by the end of grade 12 that includes the results of specified achievement tests, end-of-course exams, and vocational education certification exams. Existing law requires that pupil results or a record of accomplishment be private, and prohibits the release to any person without express written parental consent, subject to certain exceptions.

end delete
begin delete

This bill would require the State Department of Education to provide to a school district that is the chartering authority of a charter school, in accordance with a specified federal law relating to the disclosure of pupil records, individual pupil achievement data, including test results from the STAR Program, high school exit examination, and English language development tests, as well as pupil demographic data and program data, relating to pupils who attend the charter school, except as specified. The bill would require the department to provide this data, to the extent it has the data, along with the unique pupil identification number of each of those pupils, to the school district.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertArticle 16 (commencing with Section 6240) is
2added to Chapter 4 of Division 3 of the end insert
begin insertBusiness and Professions
3Code
end insert
begin insert, to read:end insert

begin insert

4 

5Article begin insert16.end insert  Attorneys Providing Immigration Reform Act
6Services
7

 

8

begin insert6240.end insert  

(a) An attorney who provides immigration reform act
9services, and who meets the criteria described in subdivision (c),
10shall register with the State Bar as an attorney who provides
11immigration reform act services, and shall demonstrate compliance
P4    1with this article, as may be required by the rules and regulations
2of the State Bar.

3(b) For purposes of this article, the following definitions apply:

4(1) “Immigration reform act” means the federal act known as
5the “Border Security, Economic Opportunity, and Immigration
6Modernization Act” (S. 744, 2013).

7(2) “Immigration reform act services” means consultation or
8 representation services related to immigration and citizenship
9status, benefits, or relief under the immigration reform act.

10(c) Except as provided in subdivision (d), this article shall apply
11to the following:

12(1) An attorney who is a member of the State Bar who provides
13immigration reform act services.

14(2) An attorney who is not a member of the State Bar, but who
15meets both of the following:

16(A) The attorney is authorized to practice law or authorized by
17federal law to represent persons before the Board of Immigration
18Appeals or the United States Citizenship and Immigration Services.

19(B) The attorney is providing immigration reform act services
20in an office or business in California.

21(d) This article does not apply to an attorney providing
22immigration reform act services who is either of the following:

23(1) An employee of a qualified free legal service provider, that
24is on the current list maintained by the Office of the Chief
25Immigration Judge of the Executive Office for Immigration Review
26and that meets the qualifications under Section 1003.61 of Title 8
27of the Code of Federal Regulations.

28(2) An employee of a nonprofit, tax-exempt corporation who
29helps clients complete application forms in immigration matters
30free of charge, or for a fee, including reasonable costs, consistent
31with that authorized by the Board of Immigration Appeals under
32Section 292.2 of Title 8 of the Code of Federal Regulations.

33

begin insert6241.end insert  

(a) An attorney providing immigration reform act
34services shall, prior to providing these services, provide the client
35with a written contract in a form approved by the State Bar. The
36written contract shall include, but is not limited to, all of the
37following provisions:

38(1) An itemized list specifying each service to be performed,
39with an explanation of the purpose and process of each service.

P5    1(2) The cost of each itemized service described in paragraph
2(1).

3(3) An itemized list of the documents to be prepared by the
4attorney, with an explanation of the purpose and process of each
5document.

6(4) The cost of preparation of each itemized document described
7in paragraph (3).

8(5) A statement of the purpose for which the attorney has been
9hired and the actions to be taken by the attorney regarding each
10document described in paragraph (3), including the agency and
11office where each document will be filed and the approximate
12processing times according to applicable published agency
13guidelines.

14(6) A statement informing the client that he or she may report
15complaints to the Office of Immigrant Assistance of the Department
16of Justice and to the State Bar of California. This statement shall
17include the toll-free telephone numbers and Internet Web sites of
18those entities.

19(b) An attorney providing immigration reform act services shall
20not, in writing or orally, make either of the following statements:

21(1) A guarantee or promise regarding the results of the services.

22(2) A statement that the attorney can or will obtain special
23favors from, or has special influence with, the United States
24Citizenship and Immigration Services or any other governmental
25agency, employee, or official that may have a bearing on a client’s
26immigration matter.

27(c) The provisions of the written contract shall be stated in
28English and in the client’s native language. A written contract is
29void if it is not written pursuant to this subdivision.

30(d) The client shall have the right to rescind the contract within
3172 hours of signing the contract. The written contract shall
32conspicuously state this right in both English and the client’s native
33language.

34

begin insert6242.end insert  

A statement of accounting for the immigration reform
35act services rendered and payments made shall be provided to the
36client every two months, shall be typed or computer generated on
37the attorney’s letterhead, and shall display the itemized charges
38and total charges for services and the client’s payments offsetting
39those charges. The attorney shall provide the client a written
P6    1translation of the statement in the client’s native language, if
2applicable.

3

begin insert6243.end insert  

An attorney providing immigration reform act services
4shall do all of the following:

5(a) Deliver to the client a copy of each document or form
6completed on behalf of the client. Each document and form
7delivered shall include the name and address of the attorney who
8prepared the document or form.

9(b) Retain copies of all documents and forms of a client for not
10less than three years from the date of the last service to the client.

11(c) Return to a client all original documents that the client has
12provided to the attorney in support of the client’s application,
13including, but not limited to, original birth certificates, rental
14agreements, utility bills, employment stubs, Department of Motor
15Vehicle licenses with dates of entry, and passports. An original
16document that does not need to be submitted to immigration
17authorities as an original document shall be returned by the
18attorney immediately after making a copy or reproduction thereof.

19

begin insert6244.end insert  

(a) (1) Prior to providing immigration reform act
20services, an attorney shall file with the State Bar a bond of one
21hundred thousand dollars ($100,000) executed by a corporate
22surety admitted to do business in this state and conditioned upon
23compliance with this article. The total aggregate liability on the
24bond shall be limited to one hundred thousand dollars ($100,000).

25(2) The bond may be terminated pursuant to Section 995.440
26of, and Article 13 (commencing with Section 996.310) of Chapter
272 of Title 14 of Part 2 of, the Code of Civil Procedure.

28(b) The bond required by this section shall be in favor of, and
29payable to, the State Bar of California and shall be for the benefit
30of any person damaged by any fraud, misstatement,
31misrepresentation, unlawful act or omission, or failure to provide
32the immigration reform act services of the attorney or the agents,
33representatives, or employees of the attorney, while acting within
34the scope of that employment or agency.

35(c) An attorney shall notify the State Bar’s office in writing
36within 30 days when the surety bond required by this section is
37renewed, and of any change of name, address, telephone number,
38or agent for service of process.

39(d) The State Bar shall post information on its Internet Web site
40demonstrating that an attorney is registered to provide immigration
P7    1reform act services and is in compliance with the requirements of
2this section. The State Bar shall update the information at least
3every 30 days. The State Bar shall remove this information if the
4attorney is out of compliance with the requirements of this section.

5(e) The State Bar shall adopt rules and regulations specifying
6the process by which a person may make a claim to recover
7damages from the bond.

8

begin insert6245.end insert  

(a) An attorney who provides immigration reform act
9services shall deposit in a client trust account any funds received
10from the client prior to performing those services for that client.

11(b) The attorney providing the immigration reform act services
12for the client may withdraw funds received from that client only
13in compliance with either of the following:

14(1) After completing one or more of the itemized services
15described in paragraph (1) of subdivision (a) of Section 6241, and
16only in the amount identified as the cost of that service or those
17services pursuant to paragraph (2) of subdivision (a) of Section
186241.

19(2) After completing one or more of the itemized documents
20described in paragraph (3) of subdivision (a) of Section 6241, and
21only in the amount identified as the cost of the preparation of that
22document or those documents pursuant to paragraph (4) of
23subdivision (a) of Section 6241.

24

begin insert6246.end insert  

(a) It is unlawful for an attorney to demand or accept
25the advance payment of any funds from a person for immigration
26reform act services before the enactment of the immigration reform
27act.

28(b) Any funds received after January 1, 2014, but before the
29enactment of the immigration reform act, shall be refunded to the
30client.

31(c) This section shall become operative on January 1, 2014.

32

begin insert6247.end insert  

The State Bar may charge and collect registration,
33renewal, and filing fees from attorneys providing immigration
34reform act services for the reasonable regulatory costs of
35administering and enforcing this article.

36

begin insert6248.end insert  

(a) The State Bar shall adopt rules and regulations for
37purposes of implementing and enforcing this article.

38(b) Except as provided in Section 6246, this article shall become
39operative only upon the enactment of the immigration reform act.

end insert
P8    1begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 22442 of the end insertbegin insertBusiness and Professions Codeend insert
2begin insert is amended to read:end insert

3

22442.  

(a) Every person engaged in the businessbegin insert,end insert or acting in
4the capacity ofbegin insert,end insert an immigration consultant who enters into a
5contract or agreement with a client to provide services shall, prior
6to providing any services, provide the client with a written contract,
7the contents of which shall be prescribed by the Department of
8Consumer Affairs in regulations.

9(b) The written contract shall include all provisions relating to
10the following:

11(1) The services to be performed.begin insert Each service to be performed
12shall be itemized with an explanation of the purpose and process
13of each service.end insert

14(2) Thebegin delete costs of the servicesend deletebegin insert cost of each itemized serviceend insert to be
15performed.

16(3) There shall be printed on the face of the contract in 10-point
17boldface type a statement that the immigration consultant is not
18an attorney and may not perform the legal services that an attorney
19performs.

20(4) The written contract shall list the documents to be prepared
21by the immigration consultant,begin delete andend delete shall explain the purpose and
22process of each documentbegin insert, and shall list the cost for preparing
23each documentend insert
.

24(5) The written contract shall state the purpose for which the
25immigration consultant has been hired and the actions to be taken
26by the immigration consultant regarding each document, including
27the agency and office where each document will be filed and the
28approximate processing times according to current published
29agency guidelines.

30(6) The written contract shall include a provision that informs
31the client that he or she may report complaints relating to
32immigration consultants to the Office of Immigrant Assistance of
33the Department of Justice. The written contract shall also include
34a provision stating that complaints concerning the unauthorized
35 practice of law may be reported to the State Bar of California.
36These required provisions shall include the toll-free telephone
37numbers and Internet Web sites of those entities.

38(c) An immigration consultantbegin delete mayend deletebegin insert shallend insert not include provisions
39 in the written contract relating tobegin insert either ofend insert the following:

P9    1(1) Any guarantee or promise, unless the immigration consultant
2has some basis in fact for making the guarantee or promise.

3(2) Any statement that the immigration consultant can or will
4obtain special favors from or has special influence with the United
5States Citizenship and Immigration Services, or any other
6governmental agency, employee, or official, that may have a
7bearing on a client’s immigration matter.

8(d) The provisions of the written contract shall be stated both
9in English and in the client’s native language.

10(e) A written contract is void if it is not written pursuant to
11subdivision (d).

12(f) The client shall have the right to rescind the contract within
1372 hours of signing the contract. The contents of this subdivision
14shall be conspicuously set forth in the written contract in both
15English and the client’s native language.

16(g) An immigration consultantbegin delete mayend deletebegin insert shallend insert not make the
17statements described in subdivision (c) orally to a client.

18(h) This section does not apply to employees of nonprofit,
19tax-exempt corporations who help clients complete application
20forms in an immigration matter free of charge or for a fee, including
21reasonable costs, consistent with that authorized by the Board of
22Immigration Appeals under Section 292.2 of Title 8 of the Code
23of Federal Regulations.

24begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 22442.15 is added to the end insertbegin insertBusiness and
25Professions Code
end insert
begin insert, to read:end insert

begin insert
26

begin insert22442.15.end insert  

(a) An immigration consultant who provides
27immigration reform act services shall establish and deposit into
28a client trust account any funds received from a client prior to
29performing those services for that client.

30(b) For purposes of this section, the following definitions apply:

31(1) “Immigration reform act” means the federal act known as
32the “Border Security, Economic Opportunity, and Immigration
33Modernization Act” (S.744, 2013).

34(2) “Immigration reform act services” means consultation or
35representation services related to immigration and citizenship
36status, benefits, or relief under the immigration reform act.

37(c) The immigration consultant providing immigration reform
38 act services for the client may withdraw funds received from that
39client only in compliance with either of the following:

P10   1(1) After completing one or more of the itemized services
2described in paragraph (1) of subdivision (b) of Section 22442,
3and only in the amount identified as the cost of that service or
4those services pursuant to paragraph (2) of subdivision (b) of
5Section 22442.

6(2) After completing one or more of the documents listed, and
7only in the amounts listed, pursuant to paragraph (4) of subdivision
8(b) of Section 22442.

9(d) This section shall become operative only upon the enactment
10of the immigration reform act.

end insert
11begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 22442.20 is added to the end insertbegin insertBusiness and
12Professions Code
end insert
begin insert, to read:end insert

begin insert
13

begin insert22442.20.end insert  

(a) It is unlawful for an immigration consultant to
14demand or accept the advance payment of any funds from a person
15for immigration reform act services before the enactment of the
16immigration reform act, as defined in subdivision (b) of Section
1722442.15.

18(b) Any funds received after January 1, 2014, but before the
19enactment of the immigration reform act, as defined in subdivision
20(b) of Section 22442.15, shall be refunded to the client.

end insert
21begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 22443.1 of the end insertbegin insertBusiness and Professions Codeend insert
22begin insert is amended to read:end insert

23

22443.1.  

(a) (1) Prior to engaging in thebegin delete businessend deletebegin insert business,end insert
24 or acting in thebegin delete capacityend deletebegin insert capacity,end insert of an immigration consultant,
25each person shall file with the Secretary of State a bond ofbegin delete fifty
26thousand dollars ($50,000)end delete
begin insert one hundred thousand dollars
27($100,000)end insert
executed by a corporate surety admitted to do business
28in this state and conditioned upon compliance with this chapter.
29The total aggregate liability on the bond shall be limited tobegin delete fifty
30thousand dollars ($50,000)end delete
begin insert one hundred thousand dollars
31($100,000)end insert
.

32(2) The bond may be terminated pursuant to Section 995.440
33of, and Article 13 (commencing with Section 996.310) of Chapter
342 of Title 14 of Part 2 of, the Code of Civil Procedure.

35(b) The bond required by this section shall be in favor of, and
36payable to, the people of the State of California and shall be for
37the benefit of any person damaged by any fraud, misstatement,
38misrepresentation, unlawful act or omission, or failure to provide
39the services of the immigration consultant or the agents,
40representatives, or employees of the immigrationbegin delete consultantend delete
P11   1begin insert consultant,end insert while acting within the scope of that employment or
2agency.

3(c) An immigration consultant who is required to file a surety
4bond with the Secretary of State shall also file a disclosure form
5with the Secretary of State that contains all of the following
6information:

7(1) The immigration consultant’s name, date of birth, residence
8address, business address, residence telephone number, and
9business telephone number.

10(2) The name and address of the immigration consultant’s agent
11for service of process if one is required to be or has been appointed.

12(3) Whether the immigration consultant has ever been convicted
13of a violation of this chapter or of Section 6126.

14(4) Whether the immigration consultant has ever been arrested
15or convicted of a crime.

16(5) If applicable, the name, business address, business telephone
17number, and agent for service of process of the corporation or
18partnership employing the immigration consultant.

19(d) An immigration consultant shall notify the Secretary of
20State’s office in writing within 30 days when the surety bond
21required by this section is renewed, and of any change of name,
22address, telephone number, or agent for service of process.

23(e) The Secretary of State shall post information on its Internet
24Web site demonstrating that an immigration consultant is in
25compliance with the bond required by this section and has
26satisfactorily passed the background check required under Section
2722441.1, and shall also post a copy of the immigration consultant’s
28photograph. The Secretary of State shall ensure that the information
29is current and shall update the information at least every 30 days.
30The Secretary of State shall only post this information and
31photograph on its Internet Web site if the person has filed and
32maintained the bond, filed the disclosure form and photograph
33required to be filed with the Secretary of State, and passed the
34background check required by Section 22441.1.

35(f) The Secretary of State shall develop the disclosure form
36required to file a bond under this section and make it available to
37any immigration consultant filing a bond pursuant to this section.

38(g) An immigration consultant shall submit all of the following
39with the disclosure form:

P12   1(1) A copy of valid and current photo identification to determine
2the immigration consultant’s identity, such as a California driver’s
3license or identification card, passport, or other identification
4acceptable to the Secretary of State.

5(2) A photograph of himself or herself with the dimensions and
6in the style that would be acceptable to the U.S. Department of
7State for obtaining a United States passport, as instructed by the
8Secretary of State. An immigration consultant bonded on or before
9December 31, 2006, shall submit the photograph on or before July
101, 2007.

11(h) The Secretary of State shall charge and collect a filing fee
12to cover the cost of filing the bond.

13(i) The Secretary of State shall enforce the provisions of this
14chapter that govern the filing and maintenance of bonds.

15(j) This section does not apply to employees of nonprofit,
16tax-exempt corporations who help clients complete application
17forms in an immigration matter free of charge or for a fee, including
18reasonable costs, consistent with that authorized by the Board of
19Immigration Appeals under Section 292.2 of Title 8 of the Code
20of Federal Regulations.

21begin insert

begin insertSEC. 6.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.

end insert
begin delete
30

SECTION 1.  

Section 60607 of the Education Code is amended
31to read:

32

60607.  

(a) Each pupil shall have an individual record of
33accomplishment by the end of grade 12 that includes the results
34of the achievement test required and administered annually as part
35of the Standardized Testing and Reporting (STAR) Program
36established pursuant to Article 4 (commencing with Section
3760640), results of end-of-course exams he or she has taken, and
38the vocational education certification exams he or she chose to
39take.

P13   1(b) It is the intent of the Legislature that school districts and
2schools use the results of the academic achievement tests
3administered annually as part of the statewide pupil assessment
4program to provide support to pupils and parents or guardians in
5order to assist pupils in strengthening their development as learners,
6and thereby to improve their academic achievement and
7performance in subsequent assessments.

8(c) (1) Any pupil results or a record of accomplishment shall
9be private, and may not be released to any person, other than the
10pupil’s parent or guardian and a teacher, counselor, or administrator
11directly involved with the pupil, without the express written consent
12of either the parent or guardian of the pupil if the pupil is a minor,
13or the pupil if the pupil has reached the age of majority or is
14emancipated.

15(2) (A) Notwithstanding paragraph (1), a pupil or his or her
16parent or guardian may authorize the release of pupil results or a
17record of accomplishment to a postsecondary educational
18institution for purposes of credit, placement, or admission.

19(B) Notwithstanding paragraph (1), the results of an individual
20pupil on the California Standards Test may be released to a
21postsecondary educational institution for purposes of credit,
22placement, or admission.

23(C) Notwithstanding paragraph (1), the department shall provide
24to a school district individual pupil demographic data, program
25data, and achievement data, including, but not limited to, the results
26of the standards-based achievement tests that are part of the STAR
27Program, relating to pupils who attend a charter school for which
28the school district is the chartering authority, but shall not include
29data from a charter school that is described in subdivision (g) of
30Section 47605.1. To the extent this data is available, the department
31shall provide the data to the school district, along with the unique
32pupil identification number of each of those pupils, in accordance
33with the federal Family Educational Rights and Privacy Act of
341974 (20 U.S.C. Sec. 1232g).

35

SEC. 2.  

Section 60641 of the Education Code is amended to
36read:

37

60641.  

(a) The department shall ensure that school districts
38comply with each of the following requirements:

P14   1(1) The standards-based achievement test provided for in Section
260642.5 is scheduled to be administered to all pupils during the
3period prescribed in subdivision (b) of Section 60640.

4(2) The individual results of each pupil test administered
5pursuant to Section 60640 shall be reported, in writing, to the
6parent or guardian of the pupil. The written report shall include a
7clear explanation of the purpose of the test, the score of the pupil,
8and the intended use by the school district of the test score. This
9subdivision does not require teachers or other school district
10personnel to prepare individualized explanations of the test score
11of each pupil.

12(3) (A) The individual results of each pupil test administered
13pursuant to Section 60640 also shall be reported to the school and
14teachers of a pupil. The school district shall include the test results
15of a pupil in his or her pupil records. However, except as provided
16in this section, individual pupil test results only may be released
17with the permission of either the pupil’s parent or guardian if the
18pupil is a minor, or the pupil if the pupil has reached the age of
19majority or is emancipated.

20(B) Notwithstanding subparagraph (A), a pupil or his or her
21parent or guardian may authorize the release of individual pupil
22results to a postsecondary educational institution for purposes of
23credit, placement, determination of readiness for college-level
24coursework, or admission.

25(C) Notwithstanding subparagraph (A), the department shall
26provide to a school district individual pupil results for pupils
27attending a charter school for which the school district is the
28chartering authority, but shall not include data from a charter school
29that is described in subdivision (g) of Section 47605.1. To the
30extent this data is available, the department shall provide the data
31to the school district, along with the unique pupil identification
32number of each of those pupils, in accordance with the federal
33Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
34Sec. 1232g).

35(4) The districtwide, school-level, and grade-level results of the
36STAR Program in each of the grades designated pursuant to Section
3760640, but not the score or relative position of an individually
38ascertainable pupil, shall be reported to the governing board of the
39school district at a regularly scheduled meeting, and the
40countywide, school-level, and grade-level results for classes and
P15   1programs under the jurisdiction of the county office of education
2shall be similarly reported to the county board of education at a
3regularly scheduled meeting.

4(b) The publisher of the standards-based achievement tests
5provided for in Section 60642.5 shall make the individual pupil,
6grade, school, school district, and state results available to the
7department pursuant to paragraph (9) of subdivision (a) of Section
860643 by August 8 of each year in which the achievement test is
9administered for those schools for which the last day of test
10administration, including makeup days, is on or before June 25.
11The department shall make the grade, school, school district, and
12state results available on the Internet by August 15 of each year
13in which the achievement test is administered for those schools
14for which the last day of test administration, including makeup
15days, is on or before June 25.

16(c) The department shall take all reasonable steps to ensure that
17the results of the test for all pupils who take the test by June 25
18are made available on the Internet by August 15, as set forth in
19subdivision (b).

20(d) The department shall ensure that a California Standards Test
21that is augmented for purposes of determining credit, placement,
22or readiness for college-level coursework of a pupil in a
23postsecondary educational institution inform a pupil in grade 11
24that he or she may request that the results from that assessment be
25released to a postsecondary educational institution.

26

SEC. 3.  

Section 60810.5 is added to the Education Code, to
27read:

28

60810.5.  

The department shall provide to a school district the
29individual results of the English language development tests
30administered pursuant to Section 60810 for pupils who attend a
31charter school for which the school district is the chartering
32authority. To the extent this data is available, the department shall
33provide the data to the school district, along with the unique pupil
34identification number of each of those pupils, in accordance with
35the federal Family Educational Rights and Privacy Act of 1974
36(20 U.S.C. Sec. 1232g).

37

SEC. 4.  

Section 60851.5 is added to the Education Code, to
38read:

39

60851.5.  

The department shall provide to a school district the
40individual results of the high school exit examination for pupils
P16   1who attend a charter school for which the school district is the
2chartering authority. To the extent this data is available, the
3department shall provide the data to the school district, along with
4the unique pupil identification number of each of those pupils, in
5accordance with the federal Family Educational Rights and Privacy
6Act of 1974 (20 U.S.C. Sec. 1232g).

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