BILL NUMBER: AB 733 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 25, 2011
INTRODUCED BY Assembly Member Ma
FEBRUARY 17, 2011
An act relating to the public school system.
An act to amend Sections 49076 and 49076.5 of the Education
Code, relating to pupil records.
LEGISLATIVE COUNSEL'S DIGEST
AB 733, as amended, Ma. Public school system.
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.
Existing law establishes the public school system in this state
and, among other things, provides for the establishment of school
districts throughout the state and for their provision of instruction
at the public elementary and secondary schools they operate and
maintain.
This bill would state the intent of the Legislature that would
enact legislation that would enhance and improve the state public
school system.
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 49076 of the
Education Code is amended to read:
49076. A school district is not authorized to
shall not permit access to pupil records to any
a person without written parental consent or
under unless pursuant to judicial order
except that: 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.
(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 a 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 In
accordance with Section 99.31 of Title 34 of the Code of
Federal Regulations, state and local officials or authorities to whom
the information is specifically allowed to be reported or disclosed
pursuant to state law adopted prior to November 19, 1974 ,
and state and local officials or authorities to whom the information
is specifically allowed to be reported or disclosed pursuant to
state law adopted after 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 1986 .
(6) A pupil 16 years of age or older or having completed
the 10th grade older, or who has completed grade 10,
and who requests access.
(7) Any district attorney who A district
attorney's office that 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. For purposes of this
paragraph, a truancy mediation program under Section 48263.5 concerns
the juvenile justice system and the system's ability to effectively
serve, prior to adjudication, the pupil whose records are released,
and the disclosure of those records is permitted pursuant
to, and consistent with, Section 99.38 of Title 34 of the Code of
Federal Regulations as that section read on January 1, 2009.
(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)
48200)) or with Compulsory Continuation
Education (Chapter 3 (commencing with Section 48400) of Part
27) 48400)) .
(9) Any A probation
officer or district attorney attorney's
office for the purposes of conducting a criminal
investigation or an investigation in regards to an
investigation for juvenile adjudication, declaring a person a
ward of the court , or involving a violation of a
condition of probation , where the records are relevant to the
legitimate educational interests of the pupil, as these
investigations concern the juvenile justice system and the system's
ability to effectively serve, prior to adjudication, the pupil whose
records are released, and disclosure of those records is permitted
pursuant to, and consistent with, Section 99.38 of Title 34 of the
Code of Federal Regulations as that section read on
January 1, 2009. Law enforcement records may be released without
consent, a subpoena, or a court order .
(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. For purposes of this paragraph, a truancy mediation
program under Section 48263.5 concerns the juvenile justice system
and the system's ability to effectively serve, prior to adjudication,
the pupil whose records are released, and the disclosure of those
records is permitted pursuant to, and consistent with Section 99.38
of Title 34 of the Code of Federal Regulations as that
section read on January 1, 2009. 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 that will be imposed
regarding the financial aid, or to enforce the terms or conditions of
the financial aid.
(3) The county elections official,
official may obtain directory information as defined in Section 99.3
of Title 34 of the Code of Federal Regulations 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, vote if the
pupil's parent's, or pupils who are 18 years of age or older, have
not opted out of participation in this voter registration activity.
The directory information that may be disclosed pursuant to this
paragraph shall be limited to a pupil's name, address, telephone
number, e-mail address, and date of birth, and 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) (A) 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
(B) 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 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
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 of Title 34 of the Code of Federal Regulations .
(c) Notwithstanding any other provision of law,
any a school district, including any
county office of education or superintendent of schools, may
participate in an interagency data information system that permits
access by authorized school officials to a computerized
database system within and between governmental agencies or
districts as maintained by a noneducational
governmental agency 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
is 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.
(6) A school district, including a county office of education or
superintendent of schools, shall not disclose personally identifiable
pupil information from educational records into this interagency
data information system unless permitted by Part 99 (commencing with
Section 99.1) of Title 34 of the Code of Federal Regulations.
SEC. 2. Section 49076.5 of the
Education Code is amended to read:
49076.5. (a) Notwithstanding Section 49076, each school district
shall release any 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 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 the 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 any information
obtained pursuant to this section be disclosed or used for
any a purpose other than to assist in the
investigation of suspected criminal conduct of
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 which
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 prior to any release of information.
(7) No school district, or official
officer or employee thereof of the
school district , shall be subject to criminal or civil
liability for the release of pupil record information in good faith
as authorized by this section.
SECTION 1. It is the intent of the Legislature
to enact legislation to enhance and improve the state public school
system.