BILL NUMBER: AB 143 CHAPTERED
BILL TEXT
CHAPTER 434
FILED WITH SECRETARY OF STATE OCTOBER 3, 2011
APPROVED BY GOVERNOR OCTOBER 3, 2011
PASSED THE SENATE AUGUST 15, 2011
PASSED THE ASSEMBLY AUGUST 25, 2011
AMENDED IN SENATE JUNE 27, 2011
AMENDED IN ASSEMBLY APRIL 6, 2011
AMENDED IN ASSEMBLY APRIL 4, 2011
INTRODUCED BY Assembly Member Fuentes
JANUARY 13, 2011
An act to amend Sections 49061 and 49076 of the Education Code,
relating to pupil records.
LEGISLATIVE COUNSEL'S DIGEST
AB 143, Fuentes. Pupil records: privacy rights.
(1) Existing law authorizes school districts to release pupil
directory information, as specified, and defines directory
information as one or more prescribed items, including, among others,
a pupil's name, address, telephone number, and date and place of
birth.
This bill would redefine directory information to no longer
include a pupil's place of birth and to also include a pupil's e-mail
address.
(2) 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
counsel of record for a minor to access pupil records for the same
purposes stated above. The bill would also require a probation
officer, district attorney, and counsel of record for a minor to be
deemed to be local officials for purposes of specified federal law,
and would require pupil records obtained pursuant to the above
provision to be subject to specified evidentiary rules.
(3) Existing law 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 educational rights.
The bill would also authorize a local educational agency or other
person or party to release pupil records or information to specified
persons or parties not otherwise permitted access if the records or
information are deidentified, as specified.
(4) This bill would also make various technical, nonsubstantive
changes to these provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 49061 of the Education Code is amended to read:
49061. As used in this chapter:
(a) "Parent" means a natural parent, an adopted parent, or legal
guardian. If the parents are divorced or legally separated, only a
parent having legal custody of the pupil may challenge the content of
a record pursuant to Section 49070, offer a written response to a
record pursuant to Section 49072, or consent to release records to
others pursuant to Section 49075. Either parent may grant consent if
both parents have notified, in writing, the school or school district
that an agreement has been made. If a pupil has attained the age of
18 years or is attending an institution of postsecondary education,
the permission or consent required of, and the rights accorded to,
the parents or guardian of the pupil shall thereafter only be
required of, and accorded to, the pupil.
(b) "Pupil record" means any item of information directly related
to an identifiable pupil, other than directory information, that is
maintained by a school district or required to be maintained by an
employee in the performance of his or her duties whether recorded by
handwriting, print, tapes, film, microfilm or other means.
"Pupil record" does not include informal notes related to a pupil
compiled by a school officer or employee that remain in the sole
possession of the maker and are not accessible or revealed to any
other person except a substitute. For purposes of this subdivision,
"substitute" means a person who performs the duties of the individual
who made the notes on a temporary basis, and does not refer to a
person who permanently succeeds the maker of the notes in his or her
position.
(c) "Directory information" means one or more of the following
items: pupil's name, address, telephone number, date of birth, e-mail
address, major field of study, participation in officially
recognized activities and sports, weight and height of members of
athletic teams, dates of attendance, degrees and awards received, and
the most recent previous public or private school attended by the
pupil.
(d) "School district" means any school district maintaining any of
grades kindergarten through 12, any public school providing
instruction in any of grades kindergarten through 12, the office of
the county superintendent of schools, or any special school operated
by the department.
(e) "Access" means a personal inspection and review of a record or
an accurate copy of a record, or receipt of an accurate copy of a
record, an oral description or communication of a record or an
accurate copy of a record, and a request to release a copy of any
record.
(f) "County placing agency" means the county social service
department or county probation department.
SEC. 2. 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 49068.
(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 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 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) (i) A probation officer, district attorney, or counsel of
record for a minor 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.
(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 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 obtained.
(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 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 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 where 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.