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 








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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)
           








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          Analysis Prepared by  :    Rick Pratt / ED. / (916) 319-2087