BILL ANALYSIS
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THIRD READING
Bill No: SB 963
Author: Vincent (D)
Amended: 5/8/01
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 4/4/01
AYES: Vasconcellos, Alarcon, Alpert, Chesbro, Karnette,
Ortiz, Scott, Vincent
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Pupil records
SOURCE : Los Angeles County Board of Supervisors
DIGEST : This bill provides that probation officers and
social workers may receive access to pupil records for the
purposes of casework planning and monitoring wards and
probationers.
ANALYSIS :
Existing law prohibits a school district from permitting
access to student records to any person without written
parental consent or under judicial order, with the
following exceptions:
1.School officials and employees of the district, members
of a School Attendance Review Board, provided the person
has a legitimate educational interest to inspect record.
CONTINUED
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2.Officials and employees of other public schools or
school systems where the student intends to or is
directed to enroll, subject to specified parental rights
to receive a copy of the record and a right to a hearing
to challenge the content of the record.
3.Authorized representatives of the Comptroller General of
the United States, the Secretary of Health, Education
and Welfare, and administrative head of an education
agency, state education officials, or the United States
Office of Civil Rights, where the information is
necessary to audit or evaluate a state or federally
supported education program.
4.Other state and local officials to the extent that
information is specifically required to be reported
pursuant to state law adopted prior to November 19,
1974.
5.Parents of a student, 18 years or older, who is a
dependent, as defined by the Internal Revenue Code.
6.A student, 16 years or older, or having completed the
10th grade who requests access.
7.Any district attorney who is participating in or
conducting a truancy mediation program or participating
in the presentation of evidence in a truancy petition.
8.A prosecuting agency for consideration against a parent
or guardian for failure to comply with the Compulsory
Education Law or with Compulsory Continuation Education.
9.Any probation officer or district attorney for the
purposes of conducting a criminal investigation or an
investigation in regards to declaring a person a ward of
the court or involving a violation of a condition of
probation..
10.Any judge or probation officer for the purpose of
conducting a truancy mediation program for a pupil, or
for purposes of presenting evidence in a truancy
petition (added by AB 42 [Zettel], Chapter 222, Statutes
of 2000).
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This bill provides that, until January 1, 2005, probation
officers may receive access to pupil records for the
purposes of casework planning and monitoring wards and
probationers and social workers may receive access with
respect to a dependent child.. In addition, the bill
provides:
1.The probation officer and the social worker shall certify
in writing to the school district that the information
will be used only for the stated purposes.
2.The school district shall make the information available
at the schoolsite to the probation officer or social
worker within five working days.
3.The notification requirements in current law for school
districts shall include information to parents that these
probation officers and social workers have access to
relevant pupil records.
Comments
Need for the bill . The sponsors of this bill, the Los
Angeles County Board of Supervisors, believe that probation
officers should have access to pupil records because they
cannot develop the best casework plans or accurately
monitor the academic progress of wards or probationers.
Pupil information would "let a probation officer know
whether a casework plan should focus resources on academic
needs or if focus should be on areas outside of the
school."
In addition, the sponsors believe that monitoring of pupil
information will allow probation officers to modify a plan
on a timely basis, if a ward or probationer starts to
decline academically.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/8/01)
Los Angeles County Board of Supervisors (source)
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California Probation, Parole, and Correctional Association
NC:cm 5/8/01 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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