BILL ANALYSIS
SB 963
Page 1
Date of Hearing: July 11, 2001
ASSEMBLY COMMITTEE ON EDUCATION
Virginia Strom-Martin, Chair
SB 963 (Vincent) - As Amended: May 8, 2001
SENATE VOTE : 24-8
SUBJECT : Pupil records.
SUMMARY : 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. Specifically, this bill :
1)Requires the probation officer and the social worker to
certify in writing to the school district that the information
will be used only for the stated purposes.
2)Requires the school district to make the information available
at the schoolsite to the probation officer or social worker
within five working days.
3)Requires that the notification requirements in current law for
school districts include information to parents that these
probation officers and social workers have access to relevant
pupil records.
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.
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 Controller General of the
United States, the Secretary of Health, Education and Welfare,
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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).
FISCAL EFFECT : Unknown.
COMMENTS :
Related legislation . AB 691 (Steinberg), authorizes social
service agencies, probation departments and foster family
agencies who supervise children who are current or former
dependents of the juvenile court or who are the subject of a
petition for juvenile court dependency jurisdiction to access
records of grades and transcripts, and any individualized
education plans (IEP) that are maintained by school districts or
private schools of those pupils. AB 691 also authorizes a
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school district to permit access to pupil records to any
probation officer, social worker, district attorney, or public
defender, for the purposes of conducting a criminal
investigation or an investigation in regards to declaring a
person a ward or a dependent of the court, or involving a
violation of a condition of probation, or preparing and
monitoring a case plan or social study of a monitor for any
delinquency or dependency hearing. This bill is currently in
the Assembly Appropriations Committee.
Should public defenders be included in the categories of
entities that would gain restricted access to a pupil's record ?
Similar to probation officers and social workers, public
defenders may encounter similar barriers when trying to access a
pupil's records, which for them may result in a delay in the
adjudication process and needless time their client may spend in
custody and disconnected from appropriate services. Information
pertaining to the existence of a child's disability or
educational needs may affect a child's placement and ability to
request accommodations when complying with court ordered
programs. The author may want to consider whether or not the
bill should be amended to include public defenders.
Arguments in support . According to the County of Los Angeles,
"Current law limits access to pupil records. Without current
pupil information, probation officers and social workers cannot
develop the best casework plans or accurately monitor the
academic progress of wards, probationers or dependent minors.
Pupil information will let a probation officer or social worker
know whether a casework plan should focus resources on academic
needs or if focus should be on areas outside of the school.
Monitoring of pupil information will allow probation officers
and social workers to modify a plan on a timely basis, if a
ward, probationer or dependent minor starts to decline
academically."
REGISTERED SUPPORT / OPPOSITION :
Support
County Welfare Directors Association of California
County of Santa Clara Board of Supervisors
Los Angeles County Office of Education
County of Los Angeles
California Probation, Parole & Correctional Association
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Opposition
None on file.
Analysis Prepared by : Aimee Scribner / ED. / (916) 319-2087