Amended in Senate September 4, 2013

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1068


Introduced by Assembly Member Bloom

February 22, 2013


An act to amend Sections 49073 and 49076 of the Education Code, relating to pupil records.

LEGISLATIVE COUNSEL’S DIGEST

AB 1068, as amended, Bloom. Pupil records.

(1) Existing 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 a pupil who is 14 years of age or older if the pupil is both a homeless child or youth and an unaccompanied youth, as defined, and to an individual who has completed and signed a Caregiver’s Authorization Affidavit for purposes of enrolling a minor in school. By imposing additional duties on school districts, the bill would impose a state-mandated local program.

(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.

This 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.

begin insert

(3) This bill would incorporate additional changes to Section 49076 of the Education Code, proposed by AB 643, to be operative only if AB 643 and this bill are both chaptered and become effective on or before January 1, 2014, and this bill is chaptered last.

end insert
begin delete

(3)

end delete

begin insert(4)end insert The 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:

P2    1

SECTION 1.  

Section 49073 of the Education Code is amended
2to read:

3

49073.  

(a) 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. The school 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 enrollment before graduation may be
13provided to a private school or college operating under Chapter 8
14(commencing with Section 94800) of Part 59 of Division 10 of
15Title 3 or its authorized representative. However, no such private
16school or college shall use that information for other than purposes
17directly related to the academic or professional goals of the
18institution, and a violation of this provision is a misdemeanor,
19punishable by a fine of not to exceed two thousand five hundred
20dollars ($2,500). In addition, the privilege of the private school or
21college to receive the information shall be suspended for a period
P3    1of two years from the time of discovery of the misuse of the
2information. Any school district may limit or deny the release of
3specific categories of directory information to any public or private
4nonprofit organization based upon a determination of the best
5interests of pupils.

6(b) Directory information may be released according to local
7policy as to any pupil or former pupil. However, notice shall be
8given at least on an annual basis of the categories of information
9that the schoolbegin insert districtend insert plans to release and of the recipients.
10Directory information shall not be released regarding a pupil if a
11parent of that pupil has notified the school district that the
12information shall not be released.

13(c) Directory information shall not be released regarding a pupil
14identified as a homeless child or youth, as defined in paragraph
15(2) of Section 725 of the federal McKinney-Vento Homeless
16Assistance Act (42 U.S.C. Sec. 11434a(2)), unless a parent, or
17pupil accorded parental rights, as identified in the federal Family
18begin delete Educationend deletebegin insert Educationalend insert Rights and Privacy Actbegin delete of 2001end delete (20 U.S.C.
19Sec. 1232g), has provided written consent that directory
20information may be released.

21

SEC. 2.  

Section 49076 of the Education Code is amended to
22read:

23

49076.  

(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 supportedbegin delete educationend delete
11begin insert educational end insert program, or in connection with the enforcement of,
12or compliance with, the federal legal requirements that relate to
13such a program. Records released pursuant to this subparagraph
14shall comply with the requirements of Section 99.35 of Title 34
15of the Code 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 bybegin delete email,end deletebegin insert e-mail,end insert facsimile, electronic format, or other
22secure means, provided the agreement complies with the
23requirements set forth in Section 99.35 of Title 34 of the Code of
24Federal Regulations.

25(L) A pupil 14 years of age or older who meets both of the
26following criteria:

27(i) The pupil is a homeless child or youth, as defined in
28paragraph (2) of Section 725 of the federal McKinney-Vento
29Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).

30(ii) The pupil is an unaccompanied youth, as defined in
31paragraph (6) of Section 725 of the federal McKinney-Vento
32Homeless Assistance Act (42 U.S.C. Sec. 11434a(6)).

33(M) An individual who completes items 1 to 4, inclusive, of the
34Caregiver’s Authorization Affidavit, as provided in Section 6552
35of the Family Code, and signs the affidavit for the purpose of
36enrolling a minor in school.

37(2) School districts may release information from pupil records
38to the following:

39(A) Appropriate persons in connection with an emergency if
40the knowledge of the information is necessary to protect the health
P6    1or safety of a pupil or other persons. Schools or school districts
2releasing information pursuant to this subparagraph shall comply
3with the requirements set forth in Section 99.32(a)(5) of Title 34
4of the Code of Federal Regulations.

5(B) Agencies or organizations in connection with the application
6of a pupil for, or receipt of, financial aid. However, information
7permitting the personal identification of a pupil or his or her parents
8may be disclosed only as may be necessary for purposes as to
9determine the eligibility of the pupil for financial aid, to determine
10the amount of the financial aid, to determine the conditionsbegin delete whichend delete
11begin insert that end insert will be imposed regarding the financial aid, or to enforce the
12terms or conditions of the financial aid.

13(C) Pursuant to Section 99.37 of Title 34 of the Code of Federal
14Regulations, a county elections official, for the purpose of
15identifying pupils eligible to register to vote, or for conducting
16programs to offer pupils an opportunity to register to vote. The
17information shall not be used for any other purpose or given or
18transferred to any other person or agency.

19(D) Accrediting associations in order to carry out their
20accrediting functions.

21(E) Organizations conducting studies for, or on behalf of,
22educational agencies or institutions forbegin delete the purposeend deletebegin insert purposesend insert of
23developing, validating, or administering predictive tests,
24administering student aid programs, and improving instruction, if
25the studies are conducted in a manner that will not permit the
26personal identification of pupils or their parents by persons other
27than representatives of the organizations, the information will be
28destroyed when no longer needed for the purpose for which it is
29obtained, and the organization enters into a written agreement with
30the educational agency or institution that complies with Section
3199.31(a)(6) of Title 34 of the Code of Federal Regulations.

32(F) Officials and employees of private schools or school systems
33where the pupil is enrolled or intends to enroll, subject to the rights
34of parents as provided in Section 49068 and in compliance with
35the requirements in Section 99.34 of Title 34 of the Code of Federal
36Regulations. This information shall be in addition to the pupil’s
37permanent record transferred pursuant to Section 49068.

38(G) (i) A contractor or consultant with a legitimate educational
39interest who has a formal written agreement or contract with the
P7    1school district regarding the provision of outsourced institutional
2services or functions by the contractor or consultant.

3(ii) Notwithstanding the authorization in Section
499.31(a)(1)(i)(B) of Title 34 of the Code of Federal Regulations,
5a disclosure pursuant to this subparagraph shall not be permitted
6to a volunteer or other party.

7(3) A person, persons, agency, or organization permitted access
8to pupil records pursuant to this section shall not permit access to
9any information obtained from those records by another person,
10persons, agency, or organization, except for allowable exceptions
11contained within the federal Family Educational Rights and Privacy
12Actbegin delete of 2001end delete (20 U.S.C. Sec. 1232g) and state law, without the
13written consent of the pupil’s parent. This paragraph shall not
14require prior parental consent when information obtained pursuant
15to this section is shared with other persons within the educational
16institution, agency, or organization obtaining access, so long as
17those persons have a legitimate educational interest in the
18information pursuant to Section 99.31(a)(1) of Title 34 of the Code
19of Federal Regulations.

20(4) Notwithstanding any other law, a school district, including
21a county office of education or county superintendent of schools,
22may participate in an interagency data information system that
23permits access to a computerized database system within and
24between governmental agencies or school districts as to information
25or records that are nonprivileged, and where release is authorized
26as to the requesting agency under state or federal law or regulation,
27if each of the following requirements is met:

28(A) Each agency and school district shall develop security
29procedures or devices by which unauthorized personnel cannot
30access data contained in the system.

31(B) Each agency and school district shall develop procedures
32or devices to secure privileged or confidential data from
33unauthorized disclosure.

34(C) Each school district shall comply with the access log
35requirements of Section 49064.

36(D) The right of access granted shall not include the right to
37add, delete, or alter data without the written permission of the
38agency holding the data.

39(E) An agency or school district shall not make public or
40otherwise release information on an individual contained in the
P8    1database if the information is protected from disclosure or release
2as to the requesting agency by state or federal law or regulation.

3(b) The officials and authorities to whom pupil records are
4disclosed pursuant to subdivision (e) of Section 48902 and
5subparagraph (I) of paragraph (1) of subdivision (a) shall certify
6in writing to the disclosing school district that the information
7shall not be disclosed to another party, except as provided under
8the federal Family Educational Rights and Privacy Act begin deleteof 2001end delete
9 (20 U.S.C. Sec. 1232g) and state law, without the prior written
10consent of the parent of the pupil or the person identified as the
11holder of the pupil’s educational rights.

12(c) (1) A person or party who is not permitted access to pupil
13records pursuant to subdivision (a) or (b) may request access to
14pupil records as provided for in paragraph (2).

15(2) A local educational agency or other person or party who has
16received pupil records, or information from pupil records, may
17release the records or information to a person or party identified
18in paragraph (1) without the consent of the pupil’s parent or
19guardian pursuant to Section 99.31(b) of Title 34 of the Code of
20Federal Regulations, if the records or information are deidentified,
21which requires the removal of all personally identifiable
22information, provided that the disclosing local educational agency
23or other person or party has made a reasonable determination that
24a pupil’s identity is not personally identifiable, whether through
25single or multiple releases, and has taken into account other
26pertinent reasonably available information.

27begin insert

begin insertSEC. 2.5.end insert  

end insert

begin insertSection 49076 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
28read:end insert

29

49076.  

(a) A school district shall not permit access to pupil
30records to a person without written parental consent or under
31judicial order except as set forth in this section and as permitted
32by Part 99 (commencing with Section 99.1) of Title 34 of the Code
33of Federal Regulations.

34(1) Access to those particular records relevant to the legitimate
35educational interests of the requester shall be permitted to the
36following:

37(A) School officials and employees of the school district,
38members of a school attendance review board appointed pursuant
39to Section 48321 who are authorized representatives of the school
40district, and any volunteer aide, 18 years of age or older, who has
P9    1been investigated, selected, and trained by a school attendance
2review board for the purpose of providing followup services to
3pupils referred to the school attendance review board, provided
4that the person has a legitimate educational interest to inspect a
5record.

6(B) Officials and employees of other public schools or school
7systems, including local, county, or state correctional facilities
8where educational programs leading to high school graduation are
9provided or where the pupil intends to or is directed to enroll,
10subject to the rights of parents as provided in Section 49068.

11(C) Authorized representatives of the Comptroller General of
12the United States, the Secretary of Education, and state and local
13educational authorities, or the United States Department of
14Education’s Office for Civil Rights, if the information is necessary
15to audit or evaluate a state or federally supportedbegin delete educationend delete
16begin insert educationalend insert program, or in connection with the enforcement of,
17or compliance with, the federal legal requirements that relate to
18such a program. Records released pursuant to thisbegin delete sectionend delete
19begin insert subparagraphend insert shall comply with the requirements of Section 99.35
20of Title 34 of the Code of Federal Regulations.

21(D) Other state and local officials to the extent that information
22is specifically required to be reported pursuant to state law adopted
23before November 19, 1974.

24(E) Parents of a pupil 18 years of age or older who is a
25dependent as defined in Section 152 of Title 26 of the United States
26Code.

27(F) A pupil 16 years of age or older or having completed the
2810thbegin delete grade who requests access.end deletebegin insert grade.end insert

29(G) A district attorney who is participating in or conducting a
30truancy mediation program pursuant to Section 48263.5, or Section
31601.3 of the Welfare and Institutions Code, or participating in the
32presentation of evidence in a truancy petition pursuant to Section
33681 of the Welfare and Institutions Code.

34(H) A district attorney’s office for consideration against a parent
35or guardian for failure to comply with the Compulsory Education
36Law (Chapter 2 (commencing with Section 48200)) or with
37Compulsory Continuation Education (Chapter 3 (commencing
38with Section 48400)).

39(I) (i) A probation officer, district attorney, or counsel of record
40for a minor for purposes of conducting a criminal investigation or
P10   1an investigation in regards to declaring a person a ward of the court
2or involving a violation of a condition of probation.

3(ii) For purposes of this subparagraph, a probation officer,
4district attorney, and counsel of record for a minor shall be deemed
5to be local officials for purposes of Section 99.31(a)(5)(i) of Title
634 of the Code of Federal Regulations.

7(iii) Pupil records obtained pursuant to this subparagraph shall
8be subject to the evidentiary rules described in Section 701 of the
9Welfare and Institutions Code.

10(J) A judge or probation officer for the purpose of conducting
11a truancy mediation program for a pupil, or for purposes of
12presenting evidence in a truancy petition pursuant to Section 681
13of the Welfare and Institutions Code. The judge or probation officer
14shall certify in writing to the school district that the information
15will be used only for truancy purposes. A school district releasing
16pupil information to a judge or probation officer pursuant to this
17subparagraph shall inform, or provide written notification to, the
18parent or guardian of the pupil within 24 hours of the release of
19the information.

20(K) A county placing agency when acting as an authorized
21representative of a state or local educational agency pursuant to
22subparagraph (C). School districts, county offices of education,
23and county placing agencies may develop cooperative agreements
24to facilitate confidential access to and exchange of the pupil
25information bybegin delete email,end deletebegin insert eend insertbegin insert-mail,end insert facsimile, electronic format, or other
26secure means,begin delete providedend deletebegin insert ifend insert the agreement complies with the
27requirements set forth in Section 99.35 of Title 34 of the Code of
28Federal Regulations.

begin insert

29(L) A pupil 14 years of age or older who meets both of the
30following criteria:

end insert
begin insert

31(i) The pupil is a homeless child or youth, as defined in
32paragraph (2) of Section 725 of the federal McKinney-Vento
33Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).

end insert
begin insert

34(ii) The pupil is an unaccompanied youth, as defined in
35paragraph (6) of Section 725 of the federal McKinney-Vento
36Homeless Assistance Act (42 U.S.C. Sec. 11434a(6)).

end insert
begin insert

37(M) An individual who completes items 1 to 4, inclusive, of the
38Caregiver’s Authorization Affidavit, as provided in Section 6552
39of the Family Code, and signs the affidavit for the purpose of
40enrolling a minor in school.

end insert
begin insert

P11   1(N) (i) An agency caseworker or other representative of a state
2or local child welfare agency, or tribal organization, as defined
3in Section 450b of Title 25 of the United States Code, that has
4legal responsibility, in accordance with state or tribal law, for the
5care and protection of the pupil.

end insert
begin insert

6(ii) The agency or organization specified in clause (i) may
7disclose pupil records, or the personally identifiable information
8contained in those records, to an individual or entity engaged in
9addressing the pupil’s educational needs, if the individual or entity
10is authorized by the agency or organization to receive the
11disclosure and the information requested is directly related to the
12assistance provided by that individual or entity. The records, or
13the personally identifiable information contained in those records,
14shall not otherwise be disclosed by that agency or organization,
15except as provided under the federal Family Educational Rights
16and Privacy Act (20 U.S.C. Sec. 1232g), state law, including
17paragraph (3), and tribal law.

end insert

18(2) School districts may release information from pupil records
19to the following:

20(A) Appropriate persons in connection with an emergency if
21the knowledge of the information is necessary to protect the health
22or safety of a pupil or other persons. Schools or school districts
23releasing information pursuant to thisbegin delete sectionend deletebegin insert subparagraphend insert shall
24comply with the requirements set forth in Section 99.32(a)(5) of
25Title 34 of the Code of Federal Regulations.

26(B) Agencies or organizations in connection with the application
27of a pupil for, or receipt of, financial aid. However, information
28permitting the personal identification of a pupil or his or her parents
29may be disclosed only as may be necessary for purposes as to
30determine the eligibility of the pupil for financial aid, to determine
31the amount of the financial aid, to determine the conditionsbegin delete whichend delete
32begin insert thatend insert will be imposed regarding the financial aid, or to enforce the
33terms or conditions of the financial aid.

34(C) Pursuant to Section 99.37 of Title 34 of the Code of Federal
35Regulations, a county elections official, for the purpose of
36identifying pupils eligible to register to vote, or for conducting
37programs to offer pupils an opportunity to register to vote. The
38information shall not be used for any other purpose or given or
39transferred to any other person or agency.

P12   1(D) Accrediting associations in order to carry out their
2accrediting functions.

3(E) Organizations conducting studies for, or on behalf of,
4educational agencies or institutions forbegin delete the purposeend deletebegin insert purposesend insert of
5developing, validating, or administering predictive tests,
6administering student aid programs, and improving instruction, if
7the studies are conducted in a manner that will not permit the
8personal identification of pupils or their parents by persons other
9than representatives of the organizations, the information will be
10destroyed when no longer needed for the purpose for which it is
11obtained, and the organization enters into a written agreement with
12the educational agency or institution that complies with Section
1399.31(a)(6) of Title 34 of the Code of Federal Regulations.

14(F) Officials and employees of private schools or school systems
15where the pupil is enrolled or intends to enroll, subject to the rights
16of parents as provided in Section 49068 and in compliance with
17the requirements in Section 99.34 of Title 34 of the Code of Federal
18Regulations. This information shall be in addition to the pupil’s
19permanent record transferred pursuant to Section 49068.

20(G) (i) A contractor or consultant with a legitimate educational
21interest who has a formal written agreement or contract with the
22school district regarding the provision of outsourced institutional
23services or functions by the contractor or consultant.

24(ii) Notwithstandingbegin insert the authorization inend insert Section
2599.31(a)(1)(i)(B) of Title 34 of the Code of Federal Regulations,
26a disclosure pursuant to thisbegin delete paragraphend deletebegin insert subparagraphend insert shall not be
27permitted to a volunteer or other party.

28(3) A person, persons, agency, or organization permitted access
29to pupil records pursuant to this section shall not permit access to
30any information obtained from those records by another person,
31persons, agency, or organization, except for allowable exceptions
32contained within the federal Family Educational Rights and Privacy
33Actbegin delete of 2001end delete (20 U.S.C. Sec. 1232g) and state law,begin insert including this
34section, and implementing regulations,end insert
without the written consent
35of the pupil’s parent. This paragraphbegin delete doesend deletebegin insert shallend insert not require prior
36parental consent when information obtained pursuant to this section
37is shared with other persons within the educational institution,
38agency, or organization obtaining access, so long as those persons
39have a legitimate educational interest in the information pursuant
P13   1to Sectionbegin delete 99.31(a)(1)(i)(A)end deletebegin insert 99.31(a)(1)end insert of Title 34 of the Code
2of Federal Regulations.

3(4) Notwithstanding any otherbegin delete provision ofend delete law, a school district,
4including a county office of education or county superintendent
5of schools, may participate in an interagency data information
6system that permits access to a computerized database system
7within and between governmental agencies or school districts as
8to information or records that are nonprivileged, and where release
9is authorized as to the requesting agency under state or federal law
10or regulation, if each of the following requirementsbegin delete areend deletebegin insert isend insert met:

11(A) Each agency and school district shall develop security
12procedures or devices by which unauthorized personnel cannot
13access data contained in the system.

14(B) Each agency and school district shall develop procedures
15or devices to secure privileged or confidential data from
16unauthorized disclosure.

17(C) Each school district shall comply with the access log
18requirements of Section 49064.

19(D) The right of access granted shall not include the right to
20add, delete, or alter data without the written permission of the
21agency holding the data.

22(E) An agency or school district shall not make public or
23otherwise release information on an individual contained in the
24database if the information is protected from disclosure or release
25as to the requesting agency by state or federal law or regulation.

26(b) The officials and authorities to whom pupil records are
27disclosed pursuant to subdivisionbegin delete (f)end deletebegin insert (e)end insert of Section 48902 and
28subparagraph (I) of paragraph (1) of subdivision (a) shall certify
29in writing to the disclosing school district that the information
30shall not be disclosed to another party, except as provided under
31the federal Family Educational Rights and Privacy Actbegin delete of 2001end delete
32 (20 U.S.C. Sec. 1232g) and state law, without the prior written
33consent of the parent of the pupil or the person identified as the
34holder of the pupil’s educational rights.

35(c) (1) begin deleteAny end deletebegin insertA end insertperson or party who is not permitted access to
36pupil records pursuant to subdivision (a) or (b) may request access
37to pupil records as provided for in paragraph (2).

38(2) A local educational agency or other person or party who has
39received pupil records, or information from pupil records, may
40release the records or information to a person or party identified
P14   1in paragraph (1) without the consent of the pupil’s parent or
2guardian pursuant to Section 99.31(b) of Title 34 of the Code of
3Federal Regulations, if the records or information are deidentified,
4which requires the removal of all personally identifiable
5information,begin delete provided thatend deletebegin insert ifend insert the disclosing local educational agency
6or other person or party has made a reasonable determination that
7a pupil’s identity is not personally identifiable, whether through
8single or multiple releases, and has taken into account other
9pertinent reasonably available information.

10begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

Section 2.5 of this bill incorporates amendments to
11Section 49076 of the Education Code proposed by both this bill
12and Assembly Bill 643. It shall only become operative if (1) both
13bills are enacted and become effective on or before January 1,
142014, (2) each bill amends Section 49076 of the Education Code,
15and (3) this bill is enacted after Assembly Bill 643, in which case
16Section 2 of this bill shall not become operative.

end insert
17

begin deleteSEC. 3.end delete
18begin insertSEC. 4.end insert  

If the Commission on State Mandates determines that
19this act contains costs mandated by the state, reimbursement to
20local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.



O

    97