BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1799
                                                                  Page  1

          Date of Hearing:   May 9, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  AB 1799 (Bradford) - As Amended:  April 23, 2012 

          Policy Committee:                              Education 
          Vote:10-0

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill requires a school district or a private school to 
          transfer a pupil's permanent record to his or her new school 
          district or private school of enrollment no later than 10 
          schooldays following the date the request is received from the 
          public or private school where the pupil intends to enroll.  
          Specifically, this bill: 

          1)Defines schoolday as a day upon which the school is in session 
            or non-holiday weekdays during the summer break.  

          2)Requires a public school requesting a transfer of a record to 
            notify the parent of his or her right to receive a copy of the 
            record and a right to a hearing to challenge the content of 
            the record.  

          3)Authorizes the State Board of Education (SBE) to adopt rules 
            and regulations concerning the transfer of pupil records.  

           FISCAL EFFECT  

          1)GF/98 state reimbursable mandated costs, of approximately 
            $250,000, to school districts to transfer a pupil's permanent 
            record within 10 schooldays, as specified.  This cost may be 
            reduced to the extent school districts utilize the California 
            Longitudinal Pupil Achievement Data System (CALPADS) to meet 
            these requirements.  CALPADS is fully functional now and 
            working to collect student level data.  In 2010-11, there were 
            6.22 million children enrolled in California schools.  

          2)GF costs, likely less than $125,000, to the SBE to adopt rules 








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            and regulations concerning the transfer of pupil records, as 
            specified.  

           COMMENTS  

           1)Background  .  Current statute requires, whenever a pupil 
            transfers from one school district to another or to a private 
            school, or from a private school to a district within the 
            state, a pupil's permanent record to be transferred (upon 
            request) to the enrolling school district or private school. 
            Statute does not provide a time period for this to occur. 

            Existing law requires the former local educational agency 
            (LEA) to transfer a foster youth's educational information and 
            records to the new enrolling LEA within two business days from 
            the date that a request is made by a county placement agency. 

            Under the state's Interstate Compact on Educational 
            Opportunity for Military Children, the former school district 
            (which may be out of the state) is required to provide the new 
            enrolling school district with the pupil's records within 10 
            days of the request. 

            Statute also requires a school district that enrolls a pupil 
            with special needs to acquire a new pupil's records, including 
            the Individualized Education Plan. Likewise, current law 
            requires the former school district of enrollment to provide 
            these records within five business days of the request.

           2)Purpose  . According to the Los Angeles County Office of 
            Education, sponsor of this bill, "too often, a pupil's 
            permanent record is not sent in a reasonable amount of time. 
            In many instances, 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 lack of the response by the 
            district and private schools is hindering the correct 
            educational placement of the student as well as preventing 
            access to vital pupil records."

           3)Previous legislation  .  AB 1065 (Bradford) required a school 
            district or a private school to transfer a pupil's permanent 
            record to his or her new school district or private school of 
            enrollment no later than five business days following the date 
            of the request, as specified.  This measure was held on this 
            committee's suspense file in May 2011.    








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           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916) 
          319-2081