State Codes and Statutes

Statutes > California > Edc > 49062-49069.5

EDUCATION CODE
SECTION 49062-49069.5



49062.  School districts shall establish, maintain, and destroy
pupil records according to regulations adopted by the State Board of
Education. Pupil records shall include a pupil's health record. Such
regulations shall establish state policy as to what items of
information shall be placed into pupil records and what information
is appropriate to be compiled by individual school officers or
employees under the exception to pupil records provided in
subdivision (b) of Section 49061. No pupil records shall be destroyed
except pursuant to such regulations or as provided in subdivisions
(b) and (c) of Section 49070.



49063.  School districts shall notify parents in writing of their
rights under this chapter upon the date of the pupil's initial
enrollment, and thereafter at the same time as notice is issued
pursuant to Section 48980. The notice shall be, insofar as is
practicable, in the home language of the pupil. The notice shall take
a form which reasonably notifies parents of the availability of the
following specific information:
   (a) The types of pupil records and information contained therein
which are directly related to students and maintained by the
institution.
   (b) The position of the official responsible for the maintenance
of each type of record.
   (c) The location of the log or record required to be maintained
pursuant to Section 49064.
   (d) The criteria to be used by the district in defining "school
officials and employees" and in determining "legitimate educational
interest" as used in Section 49064 and paragraph (1) of subdivision
(a) of Section 49076.
   (e) The policies of the institution for reviewing and expunging
those records.
   (f) The right of the parent to access to pupil records.
   (g) The procedures for challenging the content of pupil records.
   (h) The cost if any which will be charged to the parent for
reproducing copies of records.
   (i) The categories of information which the institution has
designated as directory information pursuant to Section 49073.
   (j) Any other rights and requirements set forth in this chapter,
and the right of the parent to file a complaint with the United
States Department of Health, Education, and Welfare concerning an
alleged failure by the district to comply with the provisions of
Section 438 of the General Education Provisions Act (20 U.S.C.A. Sec.
1232g).
   (k) The availability of the prospectus prepared pursuant to
Section 49091.14.


49064.  A log or record shall be maintained for each pupil's record
which lists all persons, agencies, or organizations requesting or
receiving information from the record and the legitimate interests
therefor. Such listing need not include:
   (a) Parents or pupils to whom access is granted pursuant to
Section 49069 or paragraph (6) of subdivision (a) of Section 49076;
   (b) Parties to whom directory information is released pursuant to
Section 49073;
   (c) Parties to whom written consent has been executed by the
parent pursuant to Section 49075; or
   (d) School officials or employees having a legitimate educational
interest pursuant to paragraph (1) of subdivision (a) of Section
49076.
   The log or record shall be open to inspection only by a parent and
the school official, or his designee, responsible for the
maintenance of pupil records, and to the Comptroller General of the
United States, the Secretary of Health, Education, and Welfare, and
administrative head of an education agency as defined in Public Law
93-380, and state educational authorities as a means of auditing the
operation of the system.



49065.  Any school district may make a reasonable charge in an
amount not to exceed the actual cost of furnishing copies of any
pupil record; provided, however, that no charge shall be made for
furnishing (1) up to two transcripts of former pupils' records or (2)
up to two verifications of various records of former pupils. No
charge may be made to search for or to retrieve any pupil record.



49066.  (a) When grades are given for any course of instruction
taught in a school district, the grade given to each pupil shall be
the grade determined by the teacher of the course and the
determination of the pupil's grade by the teacher, in the absence of
clerical or mechanical mistake, fraud, bad faith, or incompetency,
shall be final.
   (b) The governing board of the school district and the
superintendent of such district shall not order a pupil's grade to be
changed unless the teacher who determined such grade is, to the
extent practicable, given an opportunity to state orally, in writing,
or both, the reasons for which such grade was given and is, to the
extent practicable, included in all discussions relating to the
changing of such grade.
   (c) No grade of a pupil participating in a physical education
class, however, may be adversely affected due to the fact that the
pupil does not wear standardized physical education apparel where the
failure to wear such apparel arises from circumstances beyond the
control of the pupil.



49067.  (a) The governing board of each school district shall
prescribe regulations requiring the evaluation of each pupil's
achievement for each marking period and requiring a conference with,
or a written report to, the parent of each pupil whenever it becomes
evident to the teacher that the pupil is in danger of failing a
course. The refusal of the parent to attend the conference, or to
respond to the written report, shall not preclude failing the pupil
at the end of the grading period.
   (b) The governing board of any school district may adopt
regulations authorizing a teacher to assign a failing grade to any
pupil whose absences from the teacher's class that are not excused
pursuant to Section 48205 equal or exceed a maximum number which
shall be specified by the board. Regulations adopted pursuant to this
subdivision shall include, but not be limited to, the following:
   (1) A reasonable opportunity for the pupil or the pupil's parent
or guardian to explain the absences.
   (2) A method for identification in the pupil's record of the
failing grades assigned to the pupil on the basis of excessive
unexcused absences.
   (c) Notwithstanding the provisions of subdivision (a) of Section
49061, the provisions of this section shall apply to the parent or
guardian of any pupil without regard to the age of the pupil.



49068.  Whenever a pupil transfers from one school district to
another or to a private school, or transfers from a private school to
a school district within the state, the pupil's permanent record or
a copy thereof shall be transferred by the former district or private
school upon a request from the district or private school where the
pupil intends to enroll. Any school district requesting such a
transfer of a record shall notify the parent of his right to receive
a copy of the record and a right to a hearing to challenge the
content of the record. The State Board of Education is hereby
authorized to adopt rules and regulations concerning the transfer of
records.



49068.5.  Upon the initial enrollment of a pupil in a public or
private elementary school; or whenever an elementary school pupil (a)
transfers from one school district to another, (b) transfers to an
elementary school within the same district, (c) transfers from one
private elementary school to another, (d) transfers from a private
elementary school to a public elementary school, or (e) transfers
from a public elementary school to a private elementary school, the
principal of the school that the child enters or to which he or she
transfers is urged to check to see if the child resembles a child
listed as missing by the bulletins provided by the Department of
Justice pursuant to Section 14201 of the Penal Code.




49068.6.  (a) Any law enforcement agency responsible for the
investigation of a missing child shall inform the school district,
other local educational agency, or private school, in which the child
is enrolled, that the child is missing. The notice shall be in
writing, shall include a photograph of the child if a photograph is
available, and shall be given within 10 days of the child's
disappearance.
   (b) Every school notified pursuant to this section shall place a
notice that the child has been reported missing on the front of each
missing child's school record. For public schools this shall be in
addition to the posting requirements set forth in Section 38139.
   (c) Local law enforcement agencies may establish a process for
informing local schools about abducted children pursuant to this
section.
   (d) If a school receives a record inquiry or request from any
person or entity for a missing child about whom the school has been
notified pursuant to this section, the school shall immediately
notify the law enforcement authorities who informed the school of the
missing child's status.


49069.3.  Foster family agencies with jurisdiction over currently
enrolled or former pupils may access records of grades and
transcripts, and any individualized education plans (IEP) that may
have been developed pursuant to Chapter 4 (commencing with Section
56300) of Part 30 maintained by school districts or private schools
of those pupils.



49069.5.  (a) The Legislature finds and declares that the mobility
of pupils in foster care often disrupts their educational experience.
The Legislature also finds that efficient transfer procedures and
transfer of pupil records is a critical factor in the swift placement
of foster children in educational settings.
   (b) The proper and timely transfer between schools of pupils in
foster care is the responsibility of both the local educational
agency and the county placing agency.
   (c) As soon as the county placing agency becomes aware of the need
to transfer a pupil in foster care out of his or her current school,
the county placing agency shall contact the appropriate person at
the local educational agency of the pupil. The county placing agency
shall notify the local educational agency of the date that the pupil
will be leaving the school and request that the pupil be transferred
out.
   (d) Upon receiving a transfer request from a county placing
agency, the local educational agency shall, within two business days,
transfer the pupil out of school and deliver the educational
information and records of the pupil to the next educational
placement.
   (e) As part of the transfer process described under subdivisions
(c) and (d), the local educational agency shall compile the complete
educational record of the pupil including a determination of seat
time, full or partial credits earned, current classes and grades,
immunization and other records, and, if applicable, a copy of the
pupil's plan adopted pursuant to Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794 et seq.) or
individualized education program adopted pursuant to the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.).
   (f) The local educational agency shall assign the duties listed in
this section to a person competent to handle the transfer procedure
and aware of the specific educational recordkeeping needs of
homeless, foster, and other transient children who transfer between
schools.
   (g) The local educational agency shall ensure that if the pupil in
foster care is absent from school due to a decision to change the
placement of a pupil made by a court or placing agency, the grades
and credits of the pupil will be calculated as of the date the pupil
left school, and no lowering of grades will occur as a result of the
absence of the pupil under these circumstances.
   (h) The local educational agency shall ensure that if the pupil in
foster care is absent from school due to a verified court appearance
or related court ordered activity, no lowering of his or her grades
will occur as a result of the absence of the pupil under these
circumstances.
   (i) For the purposes of this section, "pupil in foster care" means
any child who has been removed from his or her home pursuant to
Section 309 of the Welfare and Institutions Code, is the subject of a
petition filed under Section 300 or 602 of the Welfare and
Institutions Code, or has been removed from his or her home and is
the subject of a petition filed under Section 300 or 602 of the
Welfare and Institutions Code.


State Codes and Statutes

Statutes > California > Edc > 49062-49069.5

EDUCATION CODE
SECTION 49062-49069.5



49062.  School districts shall establish, maintain, and destroy
pupil records according to regulations adopted by the State Board of
Education. Pupil records shall include a pupil's health record. Such
regulations shall establish state policy as to what items of
information shall be placed into pupil records and what information
is appropriate to be compiled by individual school officers or
employees under the exception to pupil records provided in
subdivision (b) of Section 49061. No pupil records shall be destroyed
except pursuant to such regulations or as provided in subdivisions
(b) and (c) of Section 49070.



49063.  School districts shall notify parents in writing of their
rights under this chapter upon the date of the pupil's initial
enrollment, and thereafter at the same time as notice is issued
pursuant to Section 48980. The notice shall be, insofar as is
practicable, in the home language of the pupil. The notice shall take
a form which reasonably notifies parents of the availability of the
following specific information:
   (a) The types of pupil records and information contained therein
which are directly related to students and maintained by the
institution.
   (b) The position of the official responsible for the maintenance
of each type of record.
   (c) The location of the log or record required to be maintained
pursuant to Section 49064.
   (d) The criteria to be used by the district in defining "school
officials and employees" and in determining "legitimate educational
interest" as used in Section 49064 and paragraph (1) of subdivision
(a) of Section 49076.
   (e) The policies of the institution for reviewing and expunging
those records.
   (f) The right of the parent to access to pupil records.
   (g) The procedures for challenging the content of pupil records.
   (h) The cost if any which will be charged to the parent for
reproducing copies of records.
   (i) The categories of information which the institution has
designated as directory information pursuant to Section 49073.
   (j) Any other rights and requirements set forth in this chapter,
and the right of the parent to file a complaint with the United
States Department of Health, Education, and Welfare concerning an
alleged failure by the district to comply with the provisions of
Section 438 of the General Education Provisions Act (20 U.S.C.A. Sec.
1232g).
   (k) The availability of the prospectus prepared pursuant to
Section 49091.14.


49064.  A log or record shall be maintained for each pupil's record
which lists all persons, agencies, or organizations requesting or
receiving information from the record and the legitimate interests
therefor. Such listing need not include:
   (a) Parents or pupils to whom access is granted pursuant to
Section 49069 or paragraph (6) of subdivision (a) of Section 49076;
   (b) Parties to whom directory information is released pursuant to
Section 49073;
   (c) Parties to whom written consent has been executed by the
parent pursuant to Section 49075; or
   (d) School officials or employees having a legitimate educational
interest pursuant to paragraph (1) of subdivision (a) of Section
49076.
   The log or record shall be open to inspection only by a parent and
the school official, or his designee, responsible for the
maintenance of pupil records, and to the Comptroller General of the
United States, the Secretary of Health, Education, and Welfare, and
administrative head of an education agency as defined in Public Law
93-380, and state educational authorities as a means of auditing the
operation of the system.



49065.  Any school district may make a reasonable charge in an
amount not to exceed the actual cost of furnishing copies of any
pupil record; provided, however, that no charge shall be made for
furnishing (1) up to two transcripts of former pupils' records or (2)
up to two verifications of various records of former pupils. No
charge may be made to search for or to retrieve any pupil record.



49066.  (a) When grades are given for any course of instruction
taught in a school district, the grade given to each pupil shall be
the grade determined by the teacher of the course and the
determination of the pupil's grade by the teacher, in the absence of
clerical or mechanical mistake, fraud, bad faith, or incompetency,
shall be final.
   (b) The governing board of the school district and the
superintendent of such district shall not order a pupil's grade to be
changed unless the teacher who determined such grade is, to the
extent practicable, given an opportunity to state orally, in writing,
or both, the reasons for which such grade was given and is, to the
extent practicable, included in all discussions relating to the
changing of such grade.
   (c) No grade of a pupil participating in a physical education
class, however, may be adversely affected due to the fact that the
pupil does not wear standardized physical education apparel where the
failure to wear such apparel arises from circumstances beyond the
control of the pupil.



49067.  (a) The governing board of each school district shall
prescribe regulations requiring the evaluation of each pupil's
achievement for each marking period and requiring a conference with,
or a written report to, the parent of each pupil whenever it becomes
evident to the teacher that the pupil is in danger of failing a
course. The refusal of the parent to attend the conference, or to
respond to the written report, shall not preclude failing the pupil
at the end of the grading period.
   (b) The governing board of any school district may adopt
regulations authorizing a teacher to assign a failing grade to any
pupil whose absences from the teacher's class that are not excused
pursuant to Section 48205 equal or exceed a maximum number which
shall be specified by the board. Regulations adopted pursuant to this
subdivision shall include, but not be limited to, the following:
   (1) A reasonable opportunity for the pupil or the pupil's parent
or guardian to explain the absences.
   (2) A method for identification in the pupil's record of the
failing grades assigned to the pupil on the basis of excessive
unexcused absences.
   (c) Notwithstanding the provisions of subdivision (a) of Section
49061, the provisions of this section shall apply to the parent or
guardian of any pupil without regard to the age of the pupil.



49068.  Whenever a pupil transfers from one school district to
another or to a private school, or transfers from a private school to
a school district within the state, the pupil's permanent record or
a copy thereof shall be transferred by the former district or private
school upon a request from the district or private school where the
pupil intends to enroll. Any school district requesting such a
transfer of a record shall notify the parent of his right to receive
a copy of the record and a right to a hearing to challenge the
content of the record. The State Board of Education is hereby
authorized to adopt rules and regulations concerning the transfer of
records.



49068.5.  Upon the initial enrollment of a pupil in a public or
private elementary school; or whenever an elementary school pupil (a)
transfers from one school district to another, (b) transfers to an
elementary school within the same district, (c) transfers from one
private elementary school to another, (d) transfers from a private
elementary school to a public elementary school, or (e) transfers
from a public elementary school to a private elementary school, the
principal of the school that the child enters or to which he or she
transfers is urged to check to see if the child resembles a child
listed as missing by the bulletins provided by the Department of
Justice pursuant to Section 14201 of the Penal Code.




49068.6.  (a) Any law enforcement agency responsible for the
investigation of a missing child shall inform the school district,
other local educational agency, or private school, in which the child
is enrolled, that the child is missing. The notice shall be in
writing, shall include a photograph of the child if a photograph is
available, and shall be given within 10 days of the child's
disappearance.
   (b) Every school notified pursuant to this section shall place a
notice that the child has been reported missing on the front of each
missing child's school record. For public schools this shall be in
addition to the posting requirements set forth in Section 38139.
   (c) Local law enforcement agencies may establish a process for
informing local schools about abducted children pursuant to this
section.
   (d) If a school receives a record inquiry or request from any
person or entity for a missing child about whom the school has been
notified pursuant to this section, the school shall immediately
notify the law enforcement authorities who informed the school of the
missing child's status.


49069.3.  Foster family agencies with jurisdiction over currently
enrolled or former pupils may access records of grades and
transcripts, and any individualized education plans (IEP) that may
have been developed pursuant to Chapter 4 (commencing with Section
56300) of Part 30 maintained by school districts or private schools
of those pupils.



49069.5.  (a) The Legislature finds and declares that the mobility
of pupils in foster care often disrupts their educational experience.
The Legislature also finds that efficient transfer procedures and
transfer of pupil records is a critical factor in the swift placement
of foster children in educational settings.
   (b) The proper and timely transfer between schools of pupils in
foster care is the responsibility of both the local educational
agency and the county placing agency.
   (c) As soon as the county placing agency becomes aware of the need
to transfer a pupil in foster care out of his or her current school,
the county placing agency shall contact the appropriate person at
the local educational agency of the pupil. The county placing agency
shall notify the local educational agency of the date that the pupil
will be leaving the school and request that the pupil be transferred
out.
   (d) Upon receiving a transfer request from a county placing
agency, the local educational agency shall, within two business days,
transfer the pupil out of school and deliver the educational
information and records of the pupil to the next educational
placement.
   (e) As part of the transfer process described under subdivisions
(c) and (d), the local educational agency shall compile the complete
educational record of the pupil including a determination of seat
time, full or partial credits earned, current classes and grades,
immunization and other records, and, if applicable, a copy of the
pupil's plan adopted pursuant to Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794 et seq.) or
individualized education program adopted pursuant to the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.).
   (f) The local educational agency shall assign the duties listed in
this section to a person competent to handle the transfer procedure
and aware of the specific educational recordkeeping needs of
homeless, foster, and other transient children who transfer between
schools.
   (g) The local educational agency shall ensure that if the pupil in
foster care is absent from school due to a decision to change the
placement of a pupil made by a court or placing agency, the grades
and credits of the pupil will be calculated as of the date the pupil
left school, and no lowering of grades will occur as a result of the
absence of the pupil under these circumstances.
   (h) The local educational agency shall ensure that if the pupil in
foster care is absent from school due to a verified court appearance
or related court ordered activity, no lowering of his or her grades
will occur as a result of the absence of the pupil under these
circumstances.
   (i) For the purposes of this section, "pupil in foster care" means
any child who has been removed from his or her home pursuant to
Section 309 of the Welfare and Institutions Code, is the subject of a
petition filed under Section 300 or 602 of the Welfare and
Institutions Code, or has been removed from his or her home and is
the subject of a petition filed under Section 300 or 602 of the
Welfare and Institutions Code.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Edc > 49062-49069.5

EDUCATION CODE
SECTION 49062-49069.5



49062.  School districts shall establish, maintain, and destroy
pupil records according to regulations adopted by the State Board of
Education. Pupil records shall include a pupil's health record. Such
regulations shall establish state policy as to what items of
information shall be placed into pupil records and what information
is appropriate to be compiled by individual school officers or
employees under the exception to pupil records provided in
subdivision (b) of Section 49061. No pupil records shall be destroyed
except pursuant to such regulations or as provided in subdivisions
(b) and (c) of Section 49070.



49063.  School districts shall notify parents in writing of their
rights under this chapter upon the date of the pupil's initial
enrollment, and thereafter at the same time as notice is issued
pursuant to Section 48980. The notice shall be, insofar as is
practicable, in the home language of the pupil. The notice shall take
a form which reasonably notifies parents of the availability of the
following specific information:
   (a) The types of pupil records and information contained therein
which are directly related to students and maintained by the
institution.
   (b) The position of the official responsible for the maintenance
of each type of record.
   (c) The location of the log or record required to be maintained
pursuant to Section 49064.
   (d) The criteria to be used by the district in defining "school
officials and employees" and in determining "legitimate educational
interest" as used in Section 49064 and paragraph (1) of subdivision
(a) of Section 49076.
   (e) The policies of the institution for reviewing and expunging
those records.
   (f) The right of the parent to access to pupil records.
   (g) The procedures for challenging the content of pupil records.
   (h) The cost if any which will be charged to the parent for
reproducing copies of records.
   (i) The categories of information which the institution has
designated as directory information pursuant to Section 49073.
   (j) Any other rights and requirements set forth in this chapter,
and the right of the parent to file a complaint with the United
States Department of Health, Education, and Welfare concerning an
alleged failure by the district to comply with the provisions of
Section 438 of the General Education Provisions Act (20 U.S.C.A. Sec.
1232g).
   (k) The availability of the prospectus prepared pursuant to
Section 49091.14.


49064.  A log or record shall be maintained for each pupil's record
which lists all persons, agencies, or organizations requesting or
receiving information from the record and the legitimate interests
therefor. Such listing need not include:
   (a) Parents or pupils to whom access is granted pursuant to
Section 49069 or paragraph (6) of subdivision (a) of Section 49076;
   (b) Parties to whom directory information is released pursuant to
Section 49073;
   (c) Parties to whom written consent has been executed by the
parent pursuant to Section 49075; or
   (d) School officials or employees having a legitimate educational
interest pursuant to paragraph (1) of subdivision (a) of Section
49076.
   The log or record shall be open to inspection only by a parent and
the school official, or his designee, responsible for the
maintenance of pupil records, and to the Comptroller General of the
United States, the Secretary of Health, Education, and Welfare, and
administrative head of an education agency as defined in Public Law
93-380, and state educational authorities as a means of auditing the
operation of the system.



49065.  Any school district may make a reasonable charge in an
amount not to exceed the actual cost of furnishing copies of any
pupil record; provided, however, that no charge shall be made for
furnishing (1) up to two transcripts of former pupils' records or (2)
up to two verifications of various records of former pupils. No
charge may be made to search for or to retrieve any pupil record.



49066.  (a) When grades are given for any course of instruction
taught in a school district, the grade given to each pupil shall be
the grade determined by the teacher of the course and the
determination of the pupil's grade by the teacher, in the absence of
clerical or mechanical mistake, fraud, bad faith, or incompetency,
shall be final.
   (b) The governing board of the school district and the
superintendent of such district shall not order a pupil's grade to be
changed unless the teacher who determined such grade is, to the
extent practicable, given an opportunity to state orally, in writing,
or both, the reasons for which such grade was given and is, to the
extent practicable, included in all discussions relating to the
changing of such grade.
   (c) No grade of a pupil participating in a physical education
class, however, may be adversely affected due to the fact that the
pupil does not wear standardized physical education apparel where the
failure to wear such apparel arises from circumstances beyond the
control of the pupil.



49067.  (a) The governing board of each school district shall
prescribe regulations requiring the evaluation of each pupil's
achievement for each marking period and requiring a conference with,
or a written report to, the parent of each pupil whenever it becomes
evident to the teacher that the pupil is in danger of failing a
course. The refusal of the parent to attend the conference, or to
respond to the written report, shall not preclude failing the pupil
at the end of the grading period.
   (b) The governing board of any school district may adopt
regulations authorizing a teacher to assign a failing grade to any
pupil whose absences from the teacher's class that are not excused
pursuant to Section 48205 equal or exceed a maximum number which
shall be specified by the board. Regulations adopted pursuant to this
subdivision shall include, but not be limited to, the following:
   (1) A reasonable opportunity for the pupil or the pupil's parent
or guardian to explain the absences.
   (2) A method for identification in the pupil's record of the
failing grades assigned to the pupil on the basis of excessive
unexcused absences.
   (c) Notwithstanding the provisions of subdivision (a) of Section
49061, the provisions of this section shall apply to the parent or
guardian of any pupil without regard to the age of the pupil.



49068.  Whenever a pupil transfers from one school district to
another or to a private school, or transfers from a private school to
a school district within the state, the pupil's permanent record or
a copy thereof shall be transferred by the former district or private
school upon a request from the district or private school where the
pupil intends to enroll. Any school district requesting such a
transfer of a record shall notify the parent of his right to receive
a copy of the record and a right to a hearing to challenge the
content of the record. The State Board of Education is hereby
authorized to adopt rules and regulations concerning the transfer of
records.



49068.5.  Upon the initial enrollment of a pupil in a public or
private elementary school; or whenever an elementary school pupil (a)
transfers from one school district to another, (b) transfers to an
elementary school within the same district, (c) transfers from one
private elementary school to another, (d) transfers from a private
elementary school to a public elementary school, or (e) transfers
from a public elementary school to a private elementary school, the
principal of the school that the child enters or to which he or she
transfers is urged to check to see if the child resembles a child
listed as missing by the bulletins provided by the Department of
Justice pursuant to Section 14201 of the Penal Code.




49068.6.  (a) Any law enforcement agency responsible for the
investigation of a missing child shall inform the school district,
other local educational agency, or private school, in which the child
is enrolled, that the child is missing. The notice shall be in
writing, shall include a photograph of the child if a photograph is
available, and shall be given within 10 days of the child's
disappearance.
   (b) Every school notified pursuant to this section shall place a
notice that the child has been reported missing on the front of each
missing child's school record. For public schools this shall be in
addition to the posting requirements set forth in Section 38139.
   (c) Local law enforcement agencies may establish a process for
informing local schools about abducted children pursuant to this
section.
   (d) If a school receives a record inquiry or request from any
person or entity for a missing child about whom the school has been
notified pursuant to this section, the school shall immediately
notify the law enforcement authorities who informed the school of the
missing child's status.


49069.3.  Foster family agencies with jurisdiction over currently
enrolled or former pupils may access records of grades and
transcripts, and any individualized education plans (IEP) that may
have been developed pursuant to Chapter 4 (commencing with Section
56300) of Part 30 maintained by school districts or private schools
of those pupils.



49069.5.  (a) The Legislature finds and declares that the mobility
of pupils in foster care often disrupts their educational experience.
The Legislature also finds that efficient transfer procedures and
transfer of pupil records is a critical factor in the swift placement
of foster children in educational settings.
   (b) The proper and timely transfer between schools of pupils in
foster care is the responsibility of both the local educational
agency and the county placing agency.
   (c) As soon as the county placing agency becomes aware of the need
to transfer a pupil in foster care out of his or her current school,
the county placing agency shall contact the appropriate person at
the local educational agency of the pupil. The county placing agency
shall notify the local educational agency of the date that the pupil
will be leaving the school and request that the pupil be transferred
out.
   (d) Upon receiving a transfer request from a county placing
agency, the local educational agency shall, within two business days,
transfer the pupil out of school and deliver the educational
information and records of the pupil to the next educational
placement.
   (e) As part of the transfer process described under subdivisions
(c) and (d), the local educational agency shall compile the complete
educational record of the pupil including a determination of seat
time, full or partial credits earned, current classes and grades,
immunization and other records, and, if applicable, a copy of the
pupil's plan adopted pursuant to Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794 et seq.) or
individualized education program adopted pursuant to the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.).
   (f) The local educational agency shall assign the duties listed in
this section to a person competent to handle the transfer procedure
and aware of the specific educational recordkeeping needs of
homeless, foster, and other transient children who transfer between
schools.
   (g) The local educational agency shall ensure that if the pupil in
foster care is absent from school due to a decision to change the
placement of a pupil made by a court or placing agency, the grades
and credits of the pupil will be calculated as of the date the pupil
left school, and no lowering of grades will occur as a result of the
absence of the pupil under these circumstances.
   (h) The local educational agency shall ensure that if the pupil in
foster care is absent from school due to a verified court appearance
or related court ordered activity, no lowering of his or her grades
will occur as a result of the absence of the pupil under these
circumstances.
   (i) For the purposes of this section, "pupil in foster care" means
any child who has been removed from his or her home pursuant to
Section 309 of the Welfare and Institutions Code, is the subject of a
petition filed under Section 300 or 602 of the Welfare and
Institutions Code, or has been removed from his or her home and is
the subject of a petition filed under Section 300 or 602 of the
Welfare and Institutions Code.