BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1799|
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THIRD READING
Bill No: AB 1799
Author: Bradford (D)
Amended: 6/27/12 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 6/20/12
AYES: Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu,
Price, Simitian, Vargas
NO VOTE RECORDED: Runner, Vacancy
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/6/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : 77-0, 05/29/12 - See last page for vote
SUBJECT : Pupil records: pupil transfers
SOURCE : Los Angeles County Office of Education
DIGEST : This bill requires that, if a pupil transfers
from one school to another within the state, the pupils
permanent record or a copy of it shall be transferred from
the former school within 10 schooldays following the date
the request is received from the new school.
ANALYSIS :
Existing law:
CONTINUED
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1. Requires whenever a pupil transfers from one school
district to another or to a private school, or transfers
from a private school to a public school, the pupil's
permanent record or a copy, shall be transferred by the
former school upon request to the school where the pupil
intends to enroll. In addition, current law authorizes
the State Board of Education (SBE) to adopt rules and
regulations concerning the transfer of records.
(Education Code (ED) Section 49068)
2. Implements the Interstate Compact on Educational
Opportunity for Military Children that creates a formal
interstate agreement that addresses the educational
transition issues of children of military families,
including requiring the former school to provide records
within ten days of a request for those records from the
new school of enrollment. Note that the two schools
involved would be in different states. (ED Section
49700)
3. Requires the former local educational agency (LEA) to
transfer a foster youth, and that pupil's educational
information and records to the new LEA within two
business days from the date that a request is made by a
county placing agency. (ED Section 49069.9)
4. Requires the school district, where a student with
disabilities is now enrolled, to "promptly acquire" a
new pupil's records, including the Individualized
Education Plan, from the former school district; also
requires the former district to supply these records
within five business days of a request from the new
district of enrollment. (ED Section 56043)
5. Requires, under the federal McKinney-Vento Act, that the
former school district transfer pupil records for
homeless youth to the district where the pupil intends
to or is now enrolled.
This bill requires that, if a pupil transfers from one
school to another within the state, the pupil's permanent
record or a copy of it shall be transferred from the former
school within 10 schooldays following the date the request
is received from the new school. In addition, this bill:
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1. Defines "schoolday" to mean any day upon which the
school is in session or non-holiday weekdays during the
summer break.
2. Authorizes the SBE to adopt rules and regulations
concerning the transfer of pupil records.
3. Specifies findings and declarations that:
A. The academic record of a transferring pupil is
essential to the pupil's placement, academic success,
and timely graduation; and
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.
4. Specifies that it does not supersede any other state or
federal law governing the transfer of pupil records for
specific pupil populations, including, but not limited
to, provisions governing the transfer of pupil records
(a) pupil in foster care and (b) individuals with
exceptional needs.
Prior legislation . AB 1065 (Bradford, 2011) would have
required a school district or a private school to transfer
a pupil's permanent record to his/her new school district
or private school of enrollment no later than five business
days following the date of the request, as specified. The
bill was held on the Assembly Appropriations Committee
suspense file.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, this bill
is unlikely to result in new costs to any school district
that would meet the minimum threshold ($1,000) for filing a
claim for mandate reimbursement as a result of its
imposition of a 10-day deadline.
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SUPPORT : (Verified 8/7/12)
Los Angeles County Office of Education (source)
AFSCME
Association of California School Administrators
California Association of Private School Organizations
California County Superintendents Educational Services
Association
Centinela Valley Union High School District
Hawthorne School District
Lawndale Elementary School District
San Francisco Unified School District
Wiseburn School District
ARGUMENTS IN SUPPORT : 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."
ASSEMBLY FLOOR : 77-0, 5/29/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Harkey, Hayashi, Roger Hern�ndez,
Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight,
Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza,
Miller, Mitchell, Monning, Morrell, Nestande, Nielsen,
Norby, Olsen, Pan, Perea, V. Manuel P�rez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Cedillo, Fletcher, Hall
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PQ:k 8/8/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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