BILL NUMBER: AB 143	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fuentes

                        JANUARY 13, 2011

   An act to amend Sections 49075 and 49076 of the Education Code,
relating to pupil records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 143, as introduced, Fuentes. Pupil records: privacy rights.
   Existing law prohibits a school district from permitting access to
pupil records to a person without written parental consent or under
judicial order, except to specified persons under certain
circumstances, including to a probation officer or district attorney
for the 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.
   This bill would additionally allow school districts to permit a
minor's counsel to access pupil records for the same purposes stated
above.
   Existing law authorizes a school district to permit access to
pupil records to a person for whom a parent of the pupil has executed
written consent specifying the records to be released and
identifying the party or class to whom the records may be released
and requires the recipient to be notified of the prohibition against
transmitting the information to others without the written consent of
the parent.
   This bill would require officials and authorities receiving pupil
records pursuant to specified law to certify in writing to the school
district that the information shall not be disclosed to another
party, except as provided under 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.
   The bill would also make various technical, nonsubstantive changes
to these provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 49075 of the Education Code is amended to read:

   49075.  (a) A school district may permit access to pupil records
to  any   a  person for whom a parent of
the pupil has executed written consent specifying the records to be
released and identifying the party or class of parties to whom the
records may be released. The recipient  must  
shall  be notified that the transmission of the information to
others without the written consent of the parent is prohibited. The
consent notice shall be permanently kept with the record file. 
   (b) The officials and authorities to whom pupil records are
disclosed pursuant to subdivision (f) of Section 48902 and paragraph
(9) of subdivision (a) of Section 49076 shall certify in writing to
the disclosing school district that the information shall not be
disclosed to another party, except as provided under 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.
 
   (b) 
    (c)  Notwithstanding subdivision (a), school lunch
applications and information shared pursuant to Section 49557.2 shall
be retained by any school district in the manner most useful to the
administration of the school lunch program.
  SEC. 2.  Section 49076 of the Education Code is amended to read:
   49076.  A school district is not authorized to permit access to
pupil records to  any   a  person without
written parental consent or under judicial order except that:
   (a) Access to those particular records relevant to the legitimate
educational interests of the requester shall be permitted to the
following:
   (1) School officials and employees of the district, members of a
school attendance review board appointed pursuant to Section 48321,
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.
   (2) 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.
   (3) Authorized representatives of the Comptroller General of the
United States, the Secretary of Education, and administrative head of
an education agency, state education officials, or their respective
designees, or the United States Office of Civil Rights, where the
information is necessary to audit or evaluate a state or federally
supported education program or pursuant to a federal or state law,
provided that except when collection of personally identifiable
information is specifically authorized by federal law,  any
 data collected by those officials shall be protected in a
manner  which   that  will not permit the
personal identification of pupils or their parents by other than
those officials, and  any  personally identifiable
data shall be destroyed when no longer needed for the audit,
evaluation, and enforcement of federal legal requirements.
   (4) Other state and local officials to the extent that information
is specifically required to be reported pursuant to state law
adopted prior to November 19, 1974.
   (5) Parents of a pupil 18 years of age or older who is a dependent
as defined in Section 152 of  the Internal Revenue Code of
1954   Title 26 of the United States Code .
   (6) A pupil 16 years of age or older or having completed the 10th
grade who requests access.
   (7)  Any   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.
   (8) A prosecuting agency for consideration against a parent or
guardian for failure to comply with the Compulsory Education Law
(Chapter 2 (commencing with Section 48200) of Part 27) or with
Compulsory Continuation Education (Chapter 3 (commencing with Section
48400) of Part 27).
   (9)  Any   A  probation officer 
or   ,  district attorney  , or minor's
counsel  for the 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.
   (10)  Any   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 paragraph shall
inform, or provide written notification to, the parent or guardian of
the pupil within 24 hours of the release of the information.
   (11)  Any   A  county placing agency for
the purpose of fulfilling the requirements of the health and
education summary required pursuant to Section 16010 of the Welfare
and Institutions Code or for the purpose of fulfilling educational
case management responsibilities required by the juvenile court or by
law and to assist with the school transfer or enrollment of a pupil.
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
electronic mail, facsimile, electronic format, or other secure means.

   (b) School districts may release information from pupil records to
the following:
   (1) 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.
   (2) 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.
   (3) The county elections official, for the purpose of identifying
pupils eligible to register to vote, and for conducting programs to
offer pupils an opportunity to register to vote. The information
 , however,  shall not be used for any other purpose
or given or transferred to any other person or agency.
   (4) Accrediting associations in order to carry out their
accrediting functions.
   (5) 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 and the information will be destroyed when no longer
needed for the purpose for which it is obtained.
   (6) 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. This information
shall be in addition to the pupil's permanent record transferred
pursuant to Section 49068. 
   A 
    (c)     A  person, persons, agency, or
organization permitted access to pupil records pursuant to this
section  may   shall  not permit access to
any information obtained from those records by  any other
  another  person, persons, agency, or
organization, except for allowable exceptions contained within the
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.  However, this paragraph   This
subdivision  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 interest
in the information. 
   (c) 
    (d)  Notwithstanding any other provision of law,
 any   a  school district, including
 any   a  county office of education or
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 districts as to
information or records  which   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:
   (1) Each agency and school district shall develop security
procedures or devices by which unauthorized personnel cannot access
data contained in the system.
   (2) Each agency and school district shall develop procedures or
devices to secure privileged or confidential data from unauthorized
disclosure.
   (3) Each school district shall comply with the access log
requirements of Section 49064.
   (4) 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.
   (5) An agency or school district  may   shall
 not make public or otherwise release information on an
individual contained in the database where the information is
protected from disclosure or release as to the requesting agency by
state or federal law or regulation.