BILL ANALYSIS �
AB 1068
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CONCURRENCE IN SENATE AMENDMENTS
AB 1068 (Bloom)
As Amended September 4, 2013
Majority vote
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|ASSEMBLY: |78-0 |(May 29, 2013) |SENATE: |39-0 |(September 9, |
| | | | | |2013) |
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Original Committee Reference: ED .
SUMMARY : Restricts the release of directory information for
pupils who are identified as a homeless child or youth and
allows access of pupil records to specified individuals for
those pupils who are identified as homeless. Specifically, this
bill :
1)Prohibits the disclosure of directory information of a pupil
identified as a homeless child or youth as defined by the
federal McKinney-Vento Homeless Assistance Act unless a
parent, or pupil accorded parent rights as identified by the
federal Family Education Rights and Privacy Act of 2001
(FERPA), has provided written consent for such release.
2)Permits a local educational agency (LEA) to give access to a
pupil's records to the following individuals:
a) The pupil, if he/she 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 as provided in Family Code Section
6552.
3)Makes other non-substantive, technical amendments to these
sections.
The Senate amendments:
1)Address chaptering issues between this bill and AB 643
(Stone), Chapter 80, Statutes of 2013, by adding the following
provisions:
AB 1068
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a) Permits a school district to allow access to specified
pupil records to an agency caseworker or other
representative of a state or local child welfare agency, or
tribal organization, as defined, which has legal
responsibility, in accordance with state or tribal law, for
the care and protection of the pupil.
b) Permits the agency or organization to whom pupil records
were disclosed pursuant to a) above, to disclose pupil
records, or the personally identifiable information
contained in those records, to an individual or entity
engaged in addressing the pupil's educational needs, if the
individual or entity is authorized by the agency or
organization to receive the disclosure and the information
requested is directly related to the assistance provided by
that individual or entity.
2)Make technical, non-substantive edits to this measure.
COMMENTS : These amendments reflect the language of AB 643
(Stone). The Assembly concurred in the Senate amendments to AB
643 on June 27, 2013, by a vote of 78-0 which will help to close
the academic achievement gap between children in foster care and
their peers by providing youth with the support they need to
avoid problems like inappropriate course placement and lost
credits upon changing schools. Specifically, it allows
caseworkers, or other representative of a state or local child
welfare agency, or tribal organization to access transcripts and
report cards for foster youth while maintaining important
privacy protections. In fact, foster youth sometimes had to
repeat coursework they had already taken because child welfare
agencies had incorrect or limited educational information.
These youth also missed school for extended periods of time
while waiting for school records to transfer when placed with a
new caregiver. This was remedied in federal law by the
enactment of the Uninterrupted Scholars Act. With the enactment
of these bills, more than 56,000 foster youth in California will
now have additional tools for their advocates to ensure they are
immediately enrolled into school and have access to the
interventions they may need to succeed academically.
Analysis Prepared by : Jill Rice / ED. / (916) 319-2087
AB 1068
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