BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: AB 1068
AUTHOR: Bloom
AMENDED: April 1, 2013
FISCAL COMM: Yes HEARING DATE: June 26, 2013
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : Pupil records.
SUMMARY
This bill prohibits the release of directory information
for homeless pupils, and requires schools to permit access
to pupil records to a pupil who is at least 14 years old,
homeless and unaccompanied.
BACKGROUND
The federal Family Educational Rights and Privacy Act
(FERPA) prohibits federal funds from being provided to any
educational agency or institution which has a policy or
practice of permitting the release of a pupil's educational
records to any individual, agency, or organization without
the written consent of the pupil's parents. FERPA exempts
from the general parental consent requirement certain kinds
of disclosures, including disclosures to state and local
officials for the purposes of conducting truancy
proceedings, a criminal investigation, auditing or
evaluating an educational program, or in relation to the
application for financial aid. (United States Code, Title
20, Section 1232g and Code of Federal Regulations, Title
34, Sections 99.31)
Current state law prohibits a school district from
permitting access to pupil records to a person without
parental consent or under judicial order, with some
exceptions:
1) School districts are required to permit access to
records relevant to the legitimate educational
interests of specified requesters, including:
a) School officials and employees of the
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districts, members of a school attendance review
board and any volunteer aide (as specified),
provided that the person has a legitimate
educational interest to inspect a record.
b) Officials and employees of other public
schools or school systems where the pupil intends
to or is directed to enroll.
c) Other federal, state and local officials as
specified.
d) Parents of a pupil 18 years of age or older
who is a dependent.
e) A pupil 16 years of age or older or having
completed the 10th grade who requests access.
f) A district attorney, judge or probation
officer, in relation to truancy proceedings.
g) A district attorney's office for
consideration against a parent for failure to
comply with compulsory education laws.
h) A probation officer, district attorney, or
counsel of record for a minor, in relation to a
criminal investigation or in regard to declaring
a person a ward of the court or involving a
violation of a condition of probation.
i) A county placing agency when acting as an
authorized representative of a state or local
educational agency.
(Education Code � 49076)
2) School districts are authorized to release information
from pupil records to the following:
a) Appropriate persons in connection with an
emergency if the information is necessary to
protect the health or safety of a pupil or other
person.
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b) Agencies or organizations in connection with
the application of a pupil for, or receipt of,
financial aid.
c) The county elections official for the
identification of pupils who are eligible to
register to vote.
d) Accrediting associations in order to carry
out accrediting functions.
e) Organizations conducting studies on behalf
of educational agencies or institutions for the
purpose of developing, validating or
administering predictive tests, administering
student aid programs, and improving instruction.
f) Officials and employees of private schools
or school systems where the pupil is enrolled or
intends to enroll.
g) A contractor or consultant with a legitimate
educational interest who has a formal written
agreement or contract with the school district
regarding the provision of outsourced
institutional services or functions by the
contractor or consultant. (EC � 49076)
Current law:
1) Requires school districts to adopt a policy
identifying categories of directory information that
may be released, and authorizes directory information
to be released according to the local policy. School
districts are required to provide notice at least
annually of the categories of information that the
school plans to release and of the recipients. The
release of directory information is prohibited if the
parent has notified the school district that the
information is not to be released. (EC � 49073)
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2) Defines "directory information" as one or more of the
following: pupil's name, address, telephone number,
date of birth, email address, major field of study,
participation in officially recognized activities and
sports, weight and height of members of athletics
teams, dates of attendance, degrees and awards
received, and the most recent previous public or
private school attended by the pupil. (EC � 49061)
Current law requires school districts to notify parents in
writing of their rights, including the types of pupil
records kept by the district, the position of the official
responsible for the records, the policies for reviewing and
expunging records, and the criteria used by the district to
define "school officials and employees" and to determine
"legitimate educational interest." (EC � 49063)
Current law establishes the Caregiver's Authorization
Affidavit for the purpose of authorizing enrollment of a
minor in school and to authorize school-related medical
care. This affidavit requests the name of the minor, the
minor's birthdate, the adult's name, and the adult's home
address at which he/she and the minor are living. This
affidavit must also be signed by the adult attesting that
he/she is 18 years of age or older and that the named minor
lives in the adult's home. The affidavit states that the
declaration does not affect the rights of the minor's
parents or legal guardian regarding the care, custody, and
control of the minor, and does not mean that the caregiver
has legal custody of the minor. (Family Code � 6552)
The federal McKinney-Vento Homeless Assistance Act defines
"homeless children and youths" as children and youths who
lack a fixed, regular, and adequate nighttime residence,
and includes children and youths who, among other
situations, are sharing the housing of other persons due to
loss of housing, economic hardship, or a similar reason;
are living in motels, hotels, trailer parks, or camping
grounds due to the lack of alternative adequate
accommodations. Unaccompanied youth are considered
homeless pursuant to McKinney-Vento and who is not in the
physical custody of his/her parent or legal guardian.
(United States Code, Title 42, � 11431 et seq.)
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ANALYSIS
This bill prohibits the release of directory information
for homeless pupils, and requires schools to permit access
to pupil records to a pupil who is at least 14 years old,
homeless and unaccompanied. Specifically, this bill :
1) Prohibits the release of directory information
regarding a pupil identified as being homeless unless
a parent, or pupil with parental rights, has provided
written consent for such release.
2) Expands the existing requirement that school districts
permit access to pupil records relevant to the
legitimate educational interests of the requester, to
permit access to the following individuals:
a) A pupil who is 14 years of age or
older and is both a homeless child or youth and
an unaccompanied youth as defined by the
McKinney-Vento Homeless Assistance Act.
b) An individual who completes the
Caregiver's Authorization Affidavit and signs the
affidavit for the purpose of enrolling a minor in
school.
STAFF COMMENTS
1) Need for the bill . According to the author,
"Unaccompanied homeless youth are youth experiencing
homelessness who are not in the physical custody of a
parent or guardian. Most of these students have left
home due to severe family dysfunction, including abuse
and neglect. Unaccompanied youth who have not yet
turned 18 are not considered 'eligible students' and
therefore cannot access their own educational records
and cannot give consent for the school to disclose
their records to advocates, community agencies, health
care providers, tutoring programs, or other agencies
or individuals that do not fall within one of Family
Educational Rights and Privacy Act exceptions."
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2) Opt-in vs. opt-out . Current law requires school
districts to adopt a policy identifying categories of
directory information that may be released, and
authorizes directory information to be released
according to the local policy. School districts are
required to provide notice at least annually of the
categories of information that the school plans to
release and of the recipients. The release of
directory information is prohibited if the parent has
notified the school district that the information is
not to be released. This bill prohibits the release
of directory information regarding a pupil identified
as being homeless unless a parent, or pupil with
parental rights, has provided written consent for such
release.
3) Fiscal impact . According to the Assembly
Appropriations Committee, this bill imposes General
Fund (Proposition 98) state reimbursable mandated
costs, between $75,000 and $125,000, to school
districts. These costs
are associated with staff time necessary to revise
directory and pupil record procedures and to ensure
proper documentation is received regarding the release
of pupil information.
4) Related legislation . AB 643 (Stone) requires school
districts to allow access to school records to that
youth's social worker or probation officer, conforming
to the federal Uninterrupted Scholars Act. SB 643 is
pending on the Senate Floor.
SUPPORT
California Coalition for Youth
California Federation of Teachers
California Partnership to End Domestic Violence
Children Now
National Association for the Education of Homeless Children
and Youth
OPPOSITION
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None on file.