Amended in Assembly May 7, 2013

Amended in Assembly April 25, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 643

Introduced by Assembly Member Stone

February 20, 2013

An act to amend Section 49076 of the Education Code, relating to public schools.

LEGISLATIVE COUNSEL’S DIGEST

AB 643, as amended, Stone. Public schools: pupil records: confidentiality.

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 provisions to conform them to federal law.

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) A school district shall not permit access to pupil
records to a person without written parental consent or under
judicial order except 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.

(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 school district,
members of a school attendance review board appointed pursuant
to Section 48321 who are authorized representatives of the school
district, 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 state and local
educational authorities, or the United States Department of
Education’s Office for Civil Rights, if the information is necessary
to audit or evaluate a state or federally supported education
program, or in connection with the enforcement of, or compliance
with, the federal legal requirements that relate to such a program.
Records released pursuant to this subparagraph shall comply with
the requirements of Section 99.35 of Title 34 of the Code of Federal
Regulations.

(D) Other state and local officials to the extent that information
is specifically required to be reported pursuant to state law adopted
before 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 district attorney’s office for consideration against a parent
or guardian for failure to comply with the Compulsory Education
Law (Chapter 2 (commencing with Section 48200)) or with
Compulsory Continuation Education (Chapter 3 (commencing
with Section 48400)).

(I) (i) A probation officer, district attorney, or counsel of record
for a minor for 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 when acting as an authorized
representative of a state or local educational agency pursuant to
subparagraph (C). 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 email, facsimile, electronic format, or other secure
means, if the agreement complies with the requirements set forth
in Section 99.35 of Title 34 of the Code of Federal Regulations.

(L) (i) An agency caseworker or other representative of a state
or local child welfare agency, or tribal organization, as defined in
Section 450b of Title 25 of the United States Code, that has legal
responsibility, in accordance with state begin insert or tribal end insert law, for the care
and protection of the pupil.

(ii) Pupil records obtained pursuant to this subparagraph, or
personally identifiable information contained in those records,
may be disclosed by the agency or organization specified in clause
(i) to an individual or entity who is engaged in addressing the
pupil’s educational needs and who is authorized by that agency or
organization to receive the disclosure. The records, or the
personally identifiable information contained in those records,
shall not otherwise be disclosed by that agency or organization,
except as provided under the federal Family Educational Rights
and Privacy Act (20 U.S.C. Sec. begin delete 1232g) and end delete begin insert 1232g), end insert state law,
including paragraph (3) begin insert , and tribal law end insert .

(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. Schools or school districts
releasing information pursuant to this subparagraph shall comply
with the requirements set forth in Section 99.32(a)(5) of Title 34
of the Code of Federal Regulations.

(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 that
will be imposed regarding the financial aid, or to enforce the terms
or conditions of the financial aid.

(C) Pursuant to Section 99.37 of Title 34 of the Code of Federal
Regulations, a county elections official, for the purpose of
identifying pupils eligible to register to vote, or 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, the information will be
destroyed when no longer needed for the purpose for which it is
obtained, and the organization enters into a written agreement with
the educational agency or institution that complies with Section
99.31(a)(6) of Title 34 of the Code of Federal Regulations.

(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 and in compliance with
the requirements in Section 99.34 of Title 34 of the Code of Federal
Regulations. This information shall be in addition to the pupil’s
permanent record transferred pursuant to Section 49068.

(G) (i) A contractor or consultant with a legitimate educational
interest who has a formal written agreement or contract with the
school district regarding the provision of outsourced institutional
services or functions by the contractor or consultant.

(ii) Notwithstanding Section 99.31(a)(1)(i)(B) of Title 34 of the
Code of Federal Regulations, a disclosure pursuant to this
subparagraph shall not be permitted to a volunteer or other party.

(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 (20 U.S.C. Sec. 1232g) and state law, including this section,
and implementing regulations, without the written consent of the
pupil’s parent. This paragraph shall 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(a)(1)(i)(A) of Title 34 of the Code of Federal
Regulations.

(4) Notwithstanding any other law, a school district, including
a county office of education or county 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 school 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 if 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 (e) 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 (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) A 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, if 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.