begin deleteBlumenfieldend delete . begin deletePupils: achievement data: charter schools.end 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
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
Fiscal committee: yes.
State-mandated local program:
begin deleteno end delete.
The people of the State of California do enact as follows:
(a) Every person engaged in the business or acting in
4the capacity of 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
11(1) The services to be performed.
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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
20(4) The written contract shall list the documents to be prepared
21by the immigration consultant,
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shall explain the purpose and
22process of each document.
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
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 consultant
begin delete mayend delete not include provisions
39 in the written contract relating to 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
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 consultant
begin delete mayend delete 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.
(a) (1) Prior to engaging in the
begin delete businessend delete
24 or acting in the
begin delete capacityend delete of an immigration consultant,
25each person shall file with the Secretary of State a bond of
begin delete fifty
executed by a corporate surety admitted to do business
26thousand dollars ($50,000)end delete
28in this state and conditioned upon compliance with this chapter.
29The total aggregate liability on the bond shall be limited to
begin delete fifty .
30thousand dollars ($50,000)end delete
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 immigration
begin delete consultantend delete
P11 1 while acting within the scope of that employment or
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
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
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.
Section 60607 of the Education Code is amended
(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
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
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).
Section 60641 of the Education Code is amended to
(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.
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
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.
Section 60810.5 is added to the Education Code, to
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).
Section 60851.5 is added to the Education Code, to
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).