BILL NUMBER: AB 1636	CHAPTERED  08/30/04

	CHAPTER  321
	FILED WITH SECRETARY OF STATE  AUGUST 30, 2004
	APPROVED BY GOVERNOR  AUGUST 27, 2004
	PASSED THE ASSEMBLY  AUGUST 12, 2004
	PASSED THE SENATE  JULY 12, 2004
	AMENDED IN SENATE  JUNE 30, 2004
	AMENDED IN SENATE  JUNE 15, 2004
	AMENDED IN SENATE  JUNE 2, 2004
	AMENDED IN SENATE  APRIL 12, 2004
	AMENDED IN ASSEMBLY  JANUARY 5, 2004
	AMENDED IN ASSEMBLY  APRIL 24, 2003

INTRODUCED BY   Assembly Member Kehoe

                        FEBRUARY 21, 2003

   An act to amend Section 49558 of the Education Code, relating to
pupil records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1636, Kehoe.  Pupil records.
   Existing law establishes the confidentiality of an application or
record concerning any individual that relates to free or
reduced-price meal eligibility which is made or kept by any public
officer or agency, with certain exceptions.  Existing law authorizes
a public officer or agency to allow the use of those records, as
specified, for the purpose of disaggregation of academic achievement
data, if certain conditions are met.
   This bill would, in addition, authorize a public officer or agency
to allow the use of those records by a school district employee, as
specified, to identify pupils eligible for public school choice and
supplemental educational services as required by the federal No Child
Left Behind Act of 2001, if certain conditions are met.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 49558 of the Education Code is amended to read:

   49558.  (a) All applications and records concerning any individual
made or kept by any public officer or agency in connection with the
administration of any provision of this code relating to free or
reduced-price meal eligibility shall be confidential, and may not be
open to examination for any purpose not directly connected with the
administration of any free or reduced-price meal program, or any
investigation, prosecution, or criminal or civil proceeding conducted
in connection with the administration of any free or reduced-price
meal program.
   (b) Notwithstanding subdivision (a), a public officer or agency
may allow the use by school district employees, who are authorized by
the governing board of the school district, of individual records
pertaining to pupil participation in any free or reduced-price meal
program solely for the purpose of disaggregation of academic
achievement data or to identify pupils eligible for public school
choice and supplemental educational services pursuant to the federal
No Child Left Behind Act of 2001 (P.L. 107-110), if the public agency
ensures the following:
   (1) The public agency has adopted a policy that allows for the use
of individual records for these purposes.
   (2) No individual indicators of participation in any free or
reduced-price meal program are maintained in the permanent record of
any pupil, unless otherwise allowed by law.
   (3) No public release of information regarding individual pupil
participation in any free or reduced-price meal program is permitted.

   (4) All other confidentiality provisions required by law are met.

   (5) The information collected regarding individual pupils
certified to participate in the free or reduced-price meal program is
destroyed when it is no longer needed for its intended purpose.
   (c) Notwithstanding subdivision (a), the school districts and
county superintendents of schools may release information on the
School Lunch Program application only to the local agency that
determines eligibility under the Medi-Cal program, if the child is
approved for free meals and if the applicant consents to the sharing
of information pursuant to Section 49557.2.