CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 233


Introduced by Senator Beall

February 06, 2017


An act to amend Section 49069.3 of the Education Code, relating to pupil records.


LEGISLATIVE COUNSEL'S DIGEST


SB 233, as introduced, Beall. Pupil records: foster family agencies: caregivers.
Existing law requires school districts to establish, maintain, and destroy pupil records according to regulations adopted by the State Board of Education. Existing law provides that parents of currently enrolled or former pupils have an absolute right to access to any and all pupil records related to their children that are maintained by school districts or private schools. Existing law authorizes foster family agencies with jurisdiction over currently enrolled or former pupils to access records of grades and transcripts, and any individualized education plans developed pursuant to specified law maintained by school districts or private schools of those pupils.
This bill would add to the information that may be accessed records of attendance, discipline, online communication on platforms established by schools for pupils and parents, special education assessments, and any plan adopted pursuant to specified federal law, as provided, and would require that these records be the current or most recent records for the pupil. The bill would additionally authorize a caregiver who has direct responsibility for the care of the pupil, including a foster parent, relative, or a resource family, as defined, to access this information, and would provide that a caregiver may access this information regardless of whether the caregiver has been appointed as the pupil’s educational rights holder pursuant to specified law. To the extent the bill would impose additional duties on school districts, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 49069.3 of the Education Code is amended to read:

49069.3.
 Foster A foster family agencies agency with jurisdiction over a currently enrolled or former pupils pupil, and a caregiver who has direct responsibility for the care of the pupil, including a foster parent, relative, or a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, may access the current or most recent records of grades and grades, transcripts, attendance, discipline, online communication on platforms established by schools for pupils and parents, and special education assessments, and any individualized education plans programs (IEP) that may have been developed pursuant to Chapter 4 (commencing with Section 56300) of Part 30 or any plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)) maintained by school districts or private schools of those pupils. that pupil. A caregiver, pursuant to this section, may access the information specified in this section regardless of whether the caregiver has been appointed as the pupil’s educational rights holder pursuant to Section 319, 361, or 726 of the Welfare and Institutions Code.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.