Bill Text: CA AB733 | 2011-2012 | Regular Session | Chaptered
Bill Title: Pupil records: privacy rights.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-19 - Chaptered by Secretary of State - Chapter 388, Statutes of 2012. [AB733 Detail]
Download: California-2011-AB733-Chaptered.html
BILL NUMBER: AB 733 CHAPTERED
BILL TEXT
CHAPTER 388
FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2012
APPROVED BY GOVERNOR SEPTEMBER 19, 2012
PASSED THE SENATE AUGUST 28, 2012
PASSED THE ASSEMBLY AUGUST 29, 2012
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE AUGUST 15, 2012
AMENDED IN SENATE JUNE 16, 2011
AMENDED IN ASSEMBLY MARCH 25, 2011
INTRODUCED BY Assembly Member Ma
FEBRUARY 17, 2011
An act to amend Sections 49076 and 49076.5 of the Education Code,
relating to pupil records.
LEGISLATIVE COUNSEL'S DIGEST
AB 733, Ma. Pupil records: privacy rights.
Existing law prohibits a school district from permitting access to
pupil records to any person without written parental consent or
judicial order, except as provided.
This bill would make various changes to these pupil record
provisions to conform them to federal law, except as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 49076 of the Education Code is amended to read:
49076. (a) A school district shall not permit access to pupil
records to a person without written parental consent or under
judicial order except as set forth in this section and as permitted
by Part 99 (commencing with Section 99.1) of Title 34 of the Code of
Federal Regulations.
(1) Access to those particular records relevant to the legitimate
educational interests of the requester shall be permitted to the
following:
(A) School officials and employees of the school district, members
of a school attendance review board appointed pursuant to Section
48321 who are authorized representatives of the school district, and
any volunteer aide, 18 years of age or older, who has been
investigated, selected, and trained by a school attendance review
board for the purpose of providing followup services to pupils
referred to the school attendance review board, provided that the
person has a legitimate educational interest to inspect a record.
(B) Officials and employees of other public schools or school
systems, including local, county, or state correctional facilities
where educational programs leading to high school graduation are
provided or where the pupil intends to or is directed to enroll,
subject to the rights of parents as provided in Section 49068.
(C) Authorized representatives of the Comptroller General of the
United States, the Secretary of Education, and state and local
educational authorities, or the United States Department of Education'
s Office for Civil Rights, if the information is necessary to audit
or evaluate a state or federally supported education program, or in
connection with the enforcement of, or compliance with, the federal
legal requirements that relate to such a program. Records released
pursuant to this section shall comply with the requirements of
Section 99.35 of Title 34 of the Code of Federal Regulations.
(D) Other state and local officials to the extent that information
is specifically required to be reported pursuant to state law
adopted before November 19, 1974.
(E) Parents of a pupil 18 years of age or older who is a dependent
as defined in Section 152 of Title 26 of the United States Code.
(F) A pupil 16 years of age or older or having completed the 10th
grade who requests access.
(G) A district attorney who is participating in or conducting a
truancy mediation program pursuant to Section 48263.5, or Section
601.3 of the Welfare and Institutions Code, or participating in the
presentation of evidence in a truancy petition pursuant to Section
681 of the Welfare and Institutions Code.
(H) A district attorney's office for consideration against a
parent or guardian for failure to comply with the Compulsory
Education Law (Chapter 2 (commencing with Section 48200)) or with
Compulsory Continuation Education (Chapter 3 (commencing with Section
48400)).
(I) (i) A probation officer, district attorney, or counsel of
record for a minor for purposes of conducting a criminal
investigation or an investigation in regards to declaring a person a
ward of the court or involving a violation of a condition of
probation.
(ii) For purposes of this subparagraph, a probation officer,
district attorney, and counsel of record for a minor shall be deemed
to be local officials for purposes of Section 99.31(a)(5)(i) of Title
34 of the Code of Federal Regulations.
(iii) Pupil records obtained pursuant to this subparagraph shall
be subject to the evidentiary rules described in Section 701 of the
Welfare and Institutions Code.
(J) A judge or probation officer for the purpose of conducting a
truancy mediation program for a pupil, or for purposes of presenting
evidence in a truancy petition pursuant to Section 681 of the Welfare
and Institutions Code. The judge or probation officer shall certify
in writing to the school district that the information will be used
only for truancy purposes. A school district releasing pupil
information to a judge or probation officer pursuant to this
subparagraph shall inform, or provide written notification to, the
parent or guardian of the pupil within 24 hours of the release of the
information.
(K) A county placing agency when acting as an authorized
representative of a state or local educational agency pursuant to
subparagraph (C). School districts, county offices of education, and
county placing agencies may develop cooperative agreements to
facilitate confidential access to and exchange of the pupil
information by email, facsimile, electronic format, or other secure
means, provided the agreement complies with the requirements set
forth in Section 99.35 of Title 34 of the Code of Federal
Regulations.
(2) School districts may release information from pupil records to
the following:
(A) Appropriate persons in connection with an emergency if the
knowledge of the information is necessary to protect the health or
safety of a pupil or other persons. Schools or school districts
releasing information pursuant to this section shall comply with the
requirements set forth in Section 99.32(a)(5) of Title 34 of the Code
of Federal Regulations.
(B) Agencies or organizations in connection with the application
of a pupil for, or receipt of, financial aid. However, information
permitting the personal identification of a pupil or his or her
parents may be disclosed only as may be necessary for purposes as to
determine the eligibility of the pupil for financial aid, to
determine the amount of the financial aid, to determine the
conditions which will be imposed regarding the financial aid, or to
enforce the terms or conditions of the financial aid.
(C) Pursuant to Section 99.37 of Title 34 of the Code of Federal
Regulations, a county elections official, for the purpose of
identifying pupils eligible to register to vote, or for conducting
programs to offer pupils an opportunity to register to vote. The
information shall not be used for any other purpose or given or
transferred to any other person or agency.
(D) Accrediting associations in order to carry out their
accrediting functions.
(E) Organizations conducting studies for, or on behalf of,
educational agencies or institutions for the purpose of developing,
validating, or administering predictive tests, administering student
aid programs, and improving instruction, if the studies are conducted
in a manner that will not permit the personal identification of
pupils or their parents by persons other than representatives of the
organizations, the information will be destroyed when no longer
needed for the purpose for which it is obtained, and the organization
enters into a written agreement with the educational agency or
institution that complies with Section 99.31(a)(6) of Title 34 of the
Code of Federal Regulations.
(F) Officials and employees of private schools or school systems
where the pupil is enrolled or intends to enroll, subject to the
rights of parents as provided in Section 49068 and in compliance with
the requirements in Section 99.34 of Title 34 of the Code of Federal
Regulations. This information shall be in addition to the pupil's
permanent record transferred pursuant to Section 49068.
(G) (i) 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.
(ii) Notwithstanding Section 99.31(a)(1)(i)(B) of Title 34 of the
Code of Federal Regulations, a disclosure pursuant to this paragraph
shall not be permitted to a volunteer or other party.
(3) A person, persons, agency, or organization permitted access to
pupil records pursuant to this section shall not permit access to
any information obtained from those records by another person,
persons, agency, or organization, except for allowable exceptions
contained within the federal Family Educational Rights and Privacy
Act of 2001 (20 U.S.C. Sec. 1232g) and state law, without the written
consent of the pupil's parent. This paragraph does not require prior
parental consent when information obtained pursuant to this section
is shared with other persons within the educational institution,
agency, or organization obtaining access, so long as those persons
have a legitimate educational interest in the information pursuant to
Section 99.31(a)(1)(i)(A) of Title 34 of the Code of Federal
Regulations.
(4) Notwithstanding any other provision of law, a school district,
including a county office of education or county superintendent of
schools, may participate in an interagency data information system
that permits access to a computerized database system within and
between governmental agencies or school districts as to information
or records that are nonprivileged, and where release is authorized as
to the requesting agency under state or federal law or regulation,
if each of the following requirements are met:
(A) Each agency and school district shall develop security
procedures or devices by which unauthorized personnel cannot access
data contained in the system.
(B) Each agency and school district shall develop procedures or
devices to secure privileged or confidential data from unauthorized
disclosure.
(C) Each school district shall comply with the access log
requirements of Section 49064.
(D) The right of access granted shall not include the right to
add, delete, or alter data without the written permission of the
agency holding the data.
(E) An agency or school district shall not make public or
otherwise release information on an individual contained in the
database if the information is protected from disclosure or release
as to the requesting agency by state or federal law or regulation.
(b) The officials and authorities to whom pupil records are
disclosed pursuant to subdivision (f) of Section 48902 and
subparagraph (I) of paragraph (1) of subdivision (a) shall certify in
writing to the disclosing school district that the information shall
not be disclosed to another party, except as provided under the
federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C.
Sec. 1232g) and state law, without the prior written consent of the
parent of the pupil or the person identified as the holder of the
pupil's educational rights.
(c) (1) Any person or party who is not permitted access to pupil
records pursuant to subdivision (a) or (b) may request access to
pupil records as provided for in paragraph (2).
(2) A local educational agency or other person or party who has
received pupil records, or information from pupil records, may
release the records or information to a person or party identified in
paragraph (1) without the consent of the pupil's parent or guardian
pursuant to Section 99.31(b) of Title 34 of the Code of Federal
Regulations, if the records or information are deidentified, which
requires the removal of all personally identifiable information,
provided that the disclosing local educational agency or other person
or party has made a reasonable determination that a pupil's identity
is not personally identifiable, whether through single or multiple
releases, and has taken into account other pertinent reasonably
available information.
SEC. 2. Section 49076.5 of the Education Code is amended to read:
49076.5. (a) Notwithstanding Section 49076, each school district
shall release the information it has specific to a particular pupil's
identity and location that relates to the transfer of that pupil's
records to another school district within this state or any other
state or to a private school in this state to a designated peace
officer, upon his or her request, when a proper police purpose exists
for the use of that information. As permitted by Part 99 (commencing
with Section 99.1) of Title 34 of the Code of Federal Regulations,
the designated peace officer or law enforcement agency shall show the
school district that the peace officer or law enforcement agency has
obtained prior written consent from one parent, or provide
information indicating that there is an emergency in which the
information is necessary to protect the health or safety of the pupil
or other individuals, or that the peace officer or law enforcement
agency has obtained a lawfully issued subpoena or a court order.
(b) In order to protect the privacy interests of the pupil, a
request to a school district for pupil record information pursuant to
this section shall meet the following requirements:
(1) For purposes of this section, "proper police purpose" means
that probable cause exists that the pupil has been kidnapped and that
his or her abductor may have enrolled the pupil in a school and that
the agency has begun an active investigation.
(2) Only designated peace officers and federal criminal
investigators and federal law enforcement officers, as defined in
Section 830.1 of the Penal Code, whose names have been submitted to
the school district in writing by a law enforcement agency, may
request and receive the information specified in subdivision (a).
Each law enforcement agency shall ensure that each school district
has at all times a current list of the names of designated peace
officers authorized to request pupil record information.
(3) This section does not authorize designated peace officers to
obtain any pupil record information other than that authorized by
this section.
(4) The law enforcement agency requesting the information shall
ensure that at no time shall information obtained pursuant to this
section be disclosed or used for a purpose other than to assist in
the investigation of suspected criminal conduct or kidnapping. A
violation of this paragraph shall be punishable as a misdemeanor.
(5) The designated peace officer requesting information authorized
for release by this section shall make a record on a form created
and maintained by the law enforcement agency that shall include the
name of the pupil about whom the inquiry was made, the consent of a
parent having legal custody of the pupil or a legal guardian, the
name of the officer making the inquiry, the date of the inquiry, the
name of the school district, the school district employee to whom the
request was made, and the information that was requested.
(6) Whenever the designated peace officer requesting information
authorized for release by this section does so in person, by
telephone, or by some means other than in writing, the officer shall
provide the school district with a letter confirming the request for
pupil record information before any release of information.
(7) A school district, or officer or employee of the school
district, shall not be subject to criminal or civil liability for the
release of pupil record information in good faith as authorized by
this section.
