AB 1068, as amended, Bloom. Pupil records.
Existing
end deletebegin insert(1)end insertbegin insert end insertbegin insertExistingend insert law prohibits a school district from permitting access to pupil records to any person without parental consent or without a judicial order, except to specified persons under certain circumstances, including to a pupil 16 years of age or older or who has completed grade 10.
This bill would additionally permit access to abegin delete minorend deletebegin insert
pupilend insert
who isbegin delete 15end deletebegin insert
14end insert
years of age or older if thebegin delete minor meets certain requirements, including that he or she is living separate and apart from his or her parent or guardian, and is managing his or her own financial affairsend deletebegin insert pupil is end insertbegin insertboth end insertbegin inserta homeless child or youthend insertbegin insert andend insertbegin insert an unaccompanied youth, as defined, and to an individual who has completed and signed a Caregiver’s Authorization Affidavitend insertbegin insert
for purposes of enrend insertbegin insertolling a minor in schoolend insert. By imposing additional duties on school districts, the bill would impose a state-mandated local program.
The
end delete(2) 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 of birth.
end insertbegin insertThis bill would prohibit the release of directory information of any pupil identified as a homeless child or youth, as defined, unless a parent or eligible pupil has given written consent that such information may be released.
end insertbegin insert(3)end insertbegin insert end insertbegin insertTheend insert California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertSection 49073 of the
end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert
begin insert(a)end insertbegin insert end insert School districts shall adopt a policy identifying
4those categories of directory information as defined in subdivision
5(c) of Section 49061 that may be released. Thebegin insert schoolend insert district shall
6determine which individuals, officials, or organizations may receive
7directory information. However, no information may be released
8to a private profitmaking entity other than employers, prospective
9employers, and representatives of the news media, including, but
10not limited to,
newspapers, magazines, and radio and television
11stations. The names and addresses of pupils enrolled in grade 12
12or who have terminated enrollmentbegin delete prior toend deletebegin insert beforeend insert graduation may
13be provided to a private school or college operating under Chapter
14begin delete 7end deletebegin insert 8end insert (commencing with Sectionbegin delete 94700)end deletebegin insert 94800)end insert of Part 59begin insert of
15Division 10 of Title 3end insert or its
authorized representative. However,
16no such private school or college shall use that information for
17other than purposes directly related to the academic or professional
18goals of the institution, andbegin delete anyend deletebegin insert aend insert violation of this provision is a
19misdemeanor, punishable by a fine of not to exceed two thousand
20five hundred dollars ($2,500). In addition, the privilege of the
21begin insert privateend insert school or college to receive the information shall be
22suspended for a period of two years from the time of discovery of
23the misuse of the information. Anybegin insert schoolend insert district may limit or
24deny the release of specific categories of directory
information to
P3 1any public or private nonprofit organization based upon a
2determination of the best interests of pupils.
3Directory
end delete
4begin insert(b)end insertbegin insert end insertbegin insertDirectoryend insert information may be released according to local
5policy as to any pupil or former pupil. However, notice shall be
6given at least on an annual basis of the categories of information
7that the school plans to release and of the recipients.begin delete No directoryend delete
8begin insert Directoryend insert information
shallbegin insert notend insert be released regardingbegin delete anyend deletebegin insert aend insert pupil
9if a parentbegin insert of that pupilend insert has notified the school district that the
10information shall not be released.
11This section shall become operative on January 1, 1997.
end delete
12(c) Directory information shall not be released regarding a
13pupil identified as a homeless child or youth, as defined in
14paragraph (2)
of Section 725 of the federal McKinney-Vento
15Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), unless a
16parent, or pupil accorded parental rights, as identified in the
17federal Family Education Rights and Privacy Act of 2001 (20
18U.S.C. Sec. 1232g), has provided written consent that directory
19information may be released.
Section 49076 of the
Education Code is amended to
22read:
(a) A school district shall not permit access to pupil
24records to a person without written parental consent or under
25judicial order except as set forth in this section and as permitted
26by Part 99 (commencing with Section 99.1) of Title 34 of the Code
27of Federal Regulations.
28(1) Access to those particular records relevant to the legitimate
29educational interests of the requester shall be permitted to the
30following:
31(A) School officials and employees of the school district,
32members of a school attendance review board appointed pursuant
33to Section 48321 who are authorized representatives of the school
34district, and any volunteer
aide, 18 years of age or older, who has
35been investigated, selected, and trained by a school attendance
36review board for the purpose of providing followup services to
37pupils referred to the school attendance review board, provided
38that the person has a legitimate educational interest to inspect a
39record.
P4 1(B) Officials and employees of other public schools or school
2systems, including local, county, or state correctional facilities
3where educational programs leading to high school graduation are
4provided or where the pupil intends to or is directed to enroll,
5subject to the rights of parents as provided in Section 49068.
6(C) Authorized representatives of the Comptroller General of
7the United States, the Secretary of Education, and state and local
8educational authorities, or the
United States Department of
9Education’s Office for Civil Rights, if the information is necessary
10to audit or evaluate a state or federally supported education
11program, or in connection with the enforcement of, or compliance
12with, the federal legal requirements that relate to such a program.
13Records released pursuant to thisbegin delete sectionend deletebegin insert subparagraphend insert shall
14comply with the requirements of Section 99.35 of Title 34 of the
15Code of Federal Regulations.
16(D) Other state and local officials to the extent that information
17is specifically required to be reported pursuant to state law adopted
18before November 19, 1974.
19(E) Parents of a pupil 18 years of age or older who is a
20dependent as defined in Section 152 of Title 26 of the United States
21Code.
22(F) A pupil 16 years of age or older or having completed the
2310th grade who requests access.
24(G) A district attorney who is participating in or conducting a
25truancy mediation program pursuant to Section 48263.5, or Section
26601.3 of the Welfare and Institutions Code, or participating in the
27presentation of evidence in a truancy petition pursuant to Section
28681 of the Welfare and Institutions Code.
29(H) A district attorney’s office for consideration against a parent
30or guardian for failure to comply with the Compulsory Education
31Law (Chapter 2 (commencing with Section 48200)) or with
32Compulsory
Continuation Education (Chapter 3 (commencing
33with Section 48400)).
34(I) (i) A probation officer, district attorney, or counsel of record
35for a minor for purposes of conducting a criminal investigation or
36an investigation in regards to declaring a person a ward of the court
37or involving a violation of a condition of probation.
38(ii) For purposes of this subparagraph, a probation officer,
39district attorney, and counsel of record for a minor shall be deemed
P5 1to be local officials for purposes of Section 99.31(a)(5)(i) of Title
234 of the Code of Federal Regulations.
3(iii) Pupil records obtained pursuant to this subparagraph shall
4be subject to the evidentiary rules described in Section 701 of the
5Welfare
and Institutions Code.
6(J) A judge or probation officer for the purpose of conducting
7a truancy mediation program for a pupil, or for purposes of
8presenting evidence in a truancy petition pursuant to Section 681
9of the Welfare and Institutions Code. The judge or probation officer
10shall certify in writing to the school district that the information
11will be used only for truancy purposes. A school district releasing
12pupil information to a judge or probation officer pursuant to this
13subparagraph shall inform, or provide written notification to, the
14parent or guardian of the pupil within 24 hours of the release of
15the information.
16(K) A county placing agency when acting as an authorized
17representative of a state or local educational agency pursuant to
18subparagraph (C). School
districts, county offices of education,
19and county placing agencies may develop cooperative agreements
20to facilitate confidential access to and exchange of the pupil
21information by email, facsimile, electronic format, or other secure
22means, provided the agreement complies with the requirements
23set forth in Section 99.35 of Title 34 of the Code of Federal
24Regulations.
25(L) A minor 15 years of age or older who meets both of the
26following requirements:
27(i) The minor is living separate and apart from his or her parents
28or guardian, whether it is with or without the consent of a parent
29or guardian, and regardless of the duration of the separation.
30(ii) The minor is managing his or her own financial affairs,
31regardless of the minor’s source of income.
32(L) A pupil 14 years of age or older who meets both of the
33following criteria:
34(i) The pupil is a homeless child or youth, as defined in
35paragraph (2) of Section 725 of the federal McKinney-Vento
36Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
37(ii) The pupil is an unaccompanied youth, as defined in
38paragraph (6) of Section 725 of the federal McKinney-Vento
39Homeless Assistance Act (42 U.S.C. Sec. 11434a(6)).
P6 1(M) An individual who completes items 1 to 4, inclusive, of the
2Caregiver’s Authorization Affidavit, as provided in Section 6552
3of the Family Code, and signs the affidavit for the purpose of
4enrolling a minor in school.
5(2) School districts may release information from pupil records
6to the following:
7(A) Appropriate persons in connection with an emergency if
8the knowledge of the information is necessary to protect the health
9or safety of a pupil or other persons. Schools or school districts
10releasing information pursuant to thisbegin delete sectionend deletebegin insert
subparagraphend insert shall
11comply with the requirements set forth in Section 99.32(a)(5) of
12Title 34 of the Code of Federal Regulations.
13(B) Agencies or organizations in connection with the application
14of a pupil for, or receipt of, financial aid. However, information
15permitting the personal identification of a pupil or his or her parents
16may be disclosed only as may be necessary for purposes as to
17determine the eligibility of the pupil for financial aid, to determine
18the amount of the financial aid, to determine the conditions which
19will be imposed regarding the financial aid, or to enforce the terms
20or conditions of the financial aid.
21(C) Pursuant to Section 99.37 of Title 34 of the Code of Federal
22Regulations, a county elections official, for the
purpose of
23identifying pupils eligible to register to vote, or for conducting
24
programs to offer pupils an opportunity to register to vote. The
25information shall not be used for any other purpose or given or
26transferred to any other person or agency.
27(D) Accrediting associations in order to carry out their
28accrediting functions.
29(E) Organizations conducting studies for, or on behalf of,
30educational agencies or institutions for the purpose of developing,
31validating, or administering predictive tests, administering student
32aid programs, and improving instruction, if the studies are
33conducted in a manner that will not permit the personal
34identification of pupils or their parents by persons other than
35representatives of the organizations, the information will be
36destroyed when no longer needed for the purpose for which it is
37obtained, and
the organization enters into a written agreement with
38the educational agency or institution that complies with Section
39
99.31(a)(6) of Title 34 of the Code of Federal Regulations.
P7 1(F) Officials and employees of private schools or school systems
2where the pupil is enrolled or intends to enroll, subject to the rights
3of parents as provided in Section 49068 and in compliance with
4the requirements in Section 99.34 of Title 34 of the Code of Federal
5Regulations. This information shall be in addition to the pupil’s
6permanent record transferred pursuant to Section 49068.
7(G) (i) A contractor or consultant with a legitimate educational
8interest who has a formal written agreement or contract with the
9school district regarding the provision of outsourced institutional
10services or functions by the contractor or consultant.
11(ii) Notwithstandingbegin insert the authorization inend insert Section
1299.31(a)(1)(i)(B) of Title 34 of the Code of Federal Regulations,
13a disclosure pursuant to thisbegin delete paragraphend deletebegin insert subparagraphend insert shall not be
14permitted to a volunteer or other party.
15(3) A person, persons, agency, or organization permitted access
16to pupil records pursuant to this section shall not permit access to
17any information obtained from those records by another person,
18persons, agency, or organization, except for allowable exceptions
19contained within the federal Family Educational Rights and Privacy
20Act of 2001 (20 U.S.C.
Sec. 1232g) and state law, without the
21written consent of the pupil’s parent. This paragraphbegin delete doesend deletebegin insert shallend insert
22 not require prior parental consent when information obtained
23pursuant to this section is shared with other persons within the
24educational institution, agency, or organization obtaining access,
25so long as those persons have a legitimate educational interest in
26the information pursuant to Sectionbegin delete 99.31(a)(1)(i)(A)end deletebegin insert 99.31(a)(1)end insert
27 of Title 34 of the Code of Federal Regulations.
28(4) Notwithstanding any otherbegin delete provision ofend delete
law, a school district,
29including a county office of education or county superintendent
30of schools, may participate in an interagency data information
31system that permits access to a computerized database system
32within and between governmental agencies or school districts as
33to information or records that are nonprivileged, and where release
34is authorized as to the requesting agency under state or federal law
35or regulation, if each of the following requirements is met:
36(A) Each agency and school district shall develop security
37procedures or devices by which unauthorized personnel cannot
38access data contained in the system.
P8 1(B) Each agency and school district shall develop procedures
2or devices to secure privileged or confidential data from
3unauthorized disclosure.
4(C) Each school district shall comply with the access log
5requirements of Section 49064.
6(D) The right of access granted shall not include the right to
7add, delete, or alter data without the written permission of the
8agency holding the data.
9(E) An agency or school district shall not make public or
10otherwise release information on an individual contained in the
11database if the information is protected from disclosure or release
12as to the requesting agency by state or federal law or regulation.
13(b) The officials and authorities to whom pupil records are
14disclosed pursuant to subdivision (e) of Section 48902 and
15subparagraph (I) of paragraph (1) of subdivision (a)
shall certify
16in writing to the disclosing school district that the information
17shall not be disclosed to another party, except as provided under
18the federal Family Educational Rights and Privacy Act of 2001
19(20 U.S.C. Sec. 1232g) and state law, without the prior written
20consent of the parent of the pupil or the person identified as the
21holder of the pupil’s educational rights.
22(c) (1) begin deleteAny end deletebegin insertA end insertperson or party who is not permitted access to
23pupil records pursuant to subdivision (a) or (b) may request access
24to pupil records as provided for in paragraph (2).
25(2) A local educational agency or
other person or party who has
26received pupil records, or information from pupil records, may
27release the records or information to a person or party identified
28
in paragraph (1) without the consent of the pupil’s parent or
29guardian pursuant to Section 99.31(b) of Title 34 of the Code of
30Federal Regulations, if the records or information are deidentified,
31which requires the removal of all personally identifiable
32information, provided that the disclosing local educational agency
33or other person or party has made a reasonable determination that
34a pupil’s identity is not personally identifiable, whether through
35single or multiple releases, and has taken into account other
36pertinent reasonably available information.
If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P9 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
O
98