BILL ANALYSIS �
AB 1799
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Date of Hearing: April 11, 2012
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 1799 (Bradford) - As Introduced: February 21, 2012
SUBJECT : Pupil records: pupil transfers
SUMMARY : Requires that, when a pupil transfers from one school
to another within the state, the pupil's records be transferred
from the prior school to the new school within 10 schooldays.
Specifically, this bill :
1)Finds and declares that:
a) The academic record of a transferring pupil is essential
to the pupil's placement, academic success, and timely
graduation;
b) An accurate, updated pupil record enhances school
safety, academic achievement, and pupil welfare when the
record of a transferring pupil includes transcripts,
immunization records, and, when applicable, suspension
notices, expulsion records, and individualized education
programs.
2)Requires that, when a pupil transfers from a public school to
another public or private school or from a private school to a
public school within California, the school that the pupil
transfers from shall transmit his or her records to the new
school of enrollment within 10 schooldays.
3)Defines "schoolday" to mean any day upon which the school is
in session or non-holiday weekdays during the summer break.
EXISTING LAW requires pupil records of pupils transferring from
a public school to another public or private school or from a
private school to a public school within California to be
transferred upon request of the district or private school where
the pupil intends to enroll.
FISCAL EFFECT : Unknown
COMMENTS : While existing law already requires the transfer of
records upon request, it does not specify a time within which
the former school must transfer the records. According to the
AB 1799
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sponsor of the bill, the Los Angeles County Office of Education,
this results in cases where "the records are sent a year or two
from the date of the initial request, and in numerous instances
the records are never sent." The reason, according to the
sponsor, is the amount of time it takes to sort through a
pupil's cumulative record, identify the files that must be
transferred, copy them, and send them. Budget cuts in recent
years have led to the reduction of administrative and clerical
staff to do this.
What is the "date of the request ?" This bill requires that a
school transfer pupil records "no later than 10 schooldays
following the date of the request." The "date of the request"
could mean either the date the request was submitted or the date
it is received. Existing law is equally ambiguous regarding the
requirement that districts comply with requests by parents for
pupil records "no later than five working days following the
date of the request." However, existing law requires the
records of pupils in foster care to be transferred within two
business days of receiving a request and requires the records of
pupils with exceptional needs and pupils who have been expelled
to be transferred within five working days of receiving a
request. The sponsor indicates that most requests are
transmitted by fax or email, so the date of receipt is the same
as the date of transmittal. However, some requests are sent via
mail or other delivery service. To avoid ambiguity, staff
recommends that the bill be amended to specify that records
shall be transferred no later than 10 schooldays following the
date the request is received. This amendment would remove the
opposition of the California Association of Private School
Organizations.
REGISTERED SUPPORT / OPPOSITION :
Support
Los Angeles County Office of Education (Sponsor)
American Federation of State, County and Municipal Employees,
AFL-CIO
Opposition
California Association of Private School Organizations (unless
amended)
AB 1799
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Analysis Prepared by : Rick Pratt / ED. / (916) 319-2087