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AB-711 Pupil records: name and gender changes.(2019-2020)



Current Version: 04/30/19 - Amended Assembly        


AB711:v96#DOCUMENT

Amended  IN  Assembly  April 30, 2019
Amended  IN  Assembly  April 11, 2019
Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 711


Introduced by Assembly Member Chiu

February 19, 2019


An act to add Section 49062.5 to the Education Code, relating to pupil records.


LEGISLATIVE COUNSEL'S DIGEST


AB 711, as amended, Chiu. Pupil records: name and gender changes.
Existing law requires school districts to establish, maintain, and destroy pupil records according to regulations adopted by the State Board of Education, and requires those regulations to establish state policy concerning pupil records.
This bill would require a school district district, charter school, or county office of education to update a former pupil’s records to include the pupil’s updated legal name or gender if the school district district, charter school, or county office of education receives government-issued documentation, as described, demonstrating that the former pupil’s legal name or gender has been changed. The
This bill would require the school district district, charter school, or county office of education to reissue specified documents conferred upon, or issued to, the former pupil with the former pupil’s updated legal name or gender, if requested by the former pupil. The bill would also require the school district, charter school, or county office of education to add a new document to the former pupil’s file documenting specified details of the request and reissuance. By imposing a new duty on a school district, districts, charter schools, and county offices of education, the bill would create 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 49062.5 is added to the Education Code, to read:

49062.5.
 (a) If a school district district, charter school, or county office of education receives documentation, government-issued documentation, as described in subdivision (b), demonstrating that a former pupil’s legal name or gender has been changed, the school district district, charter school, or county office of education shall update the former pupil’s records accordingly. to include the updated legal name or gender. If requested by the former pupil, the school district district, charter school, or county office of education shall reissue any documents conferred upon the former pupil with the former pupil’s updated legal name or gender. Documents that may be reissued by the school district district, charter school, or county office of education include, but are not limited to, a transcript, a high school diploma conferred pursuant to Section 51410, or a high school equivalency certificate issued pursuant to Section 51420. 51420, or other similar documents conferred upon the former pupil. The school district, charter school, or county office of education is not required to modify records that the former pupil has not requested for modification or reissuance.
(b) The documentation provided by a former pupil demonstrating legal name or gender change may include, but need not be limited to, any of the following:
(1) State-issued driver’s license.
(2) Birth certificate.
(3) Passport.
(4) Social security card.
(5) Court order indicating a name change or a gender change, or both.
(c) If a former pupil requests that the former pupil’s name or gender be changed and the requested records are reissued, the school district, charter school, or county office of education shall add a new document to the former pupil’s file that includes all of the following:
(1) The date of the request.
(2) The date the requested records were reissued to the former pupil.
(3) A list of the records that were requested by, and reissued to, the former pupil.
(4) The type of documentation provided by the former pupil in order to demonstrate the legal name or gender change.
(5) The name of the school district, charter school, or county office of education staff person that completed the request.
(6) The current and former name or gender of the former pupil.

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.