BILL NUMBER: AB 143 AMENDED
AMENDED IN ASSEMBLY APRIL 4, 2011
INTRODUCED BY Assembly Member Fuentes
JANUARY 13, 2011
An act to amend
Sections 49075 and Section
49076 of the Education Code, relating to pupil records.
LEGISLATIVE COUNSEL'S DIGEST
AB 143, as amended, 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
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 requires the
recipient of pupil records 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 specified federal law 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
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 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 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.
(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 1. Section 49076 of
the Education Code is amended to read:
49076. (a) A school district is not
authorized to permit access to pupil records to a person without
written parental consent or under judicial order except that:
(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 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.
(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
(C) 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, data collected by those officials shall be protected in
a manner that will not permit the personal identification of pupils
or their parents by other than those officials, and personally
identifiable data shall be destroyed when no longer needed for the
audit, evaluation, and enforcement of federal legal requirements.
(D) 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.
(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
(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 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).
(I) A probation officer, 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.
(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
paragraph 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 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.
(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.
(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) 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 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 and the information will be
destroyed when no longer needed for the purpose for which it is
(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. This
information shall be in addition to the pupil's permanent record
transferred pursuant to Section 49068.
(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
subdivision 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 interest in the information.
(4) Notwithstanding any other provision of law, a
school district, including 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 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
(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 where the information is protected from disclosure or
release as to the requesting agency by state or federal law or
(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.