BILL NUMBER: AB 1442	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 1, 2014
	AMENDED IN ASSEMBLY  APRIL 7, 2014
	AMENDED IN ASSEMBLY  MARCH 25, 2014

INTRODUCED BY   Assembly Member Gatto
    (   Coauthor:   Assembly Member  
Gonzalez   ) 

                        JANUARY 6, 2014

   An act to add Section 49073.6 to the Education Code, relating to
pupil records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1442, as amended, Gatto. Pupil records: social media.
   Existing law requires school districts to establish, maintain, and
destroy pupil records according to regulations adopted by the State
Board of Education.
   This bill would, notwithstanding that provision, require a school
district, county office of education, or charter school that
considers a program to gather or maintain in its records any personal
information obtained from social media, as defined, of any pupil
enrolled in the school district, county office of education, or
charter school to first notify pupils and their parents or guardians
about the proposed program, and to provide an opportunity for public
comment  at a regularly scheduled public meeting  before the
adoption of the program. The bill would require a school district,
county office of education, or charter school that adopts a program
pursuant to  this provision   these provisions
 to, among other things, gather and maintain only information
that was made publicly accessible, as defined, provide a pupil with
access to any personal information about the pupil obtained from
social media, and to destroy the personal information gathered from
social media and maintained in its records, as provided. If a school
district, county office of education, or charter school contracts
with a 3rd party to gather personal information from social media on
an enrolled pupil, the bill would prohibit the use, sale, or sharing
of the information by the 3rd party, and would provide additional
restrictions on the destruction of the information by the 3rd party,
as specified.
   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 49073.6 is added to the Education Code, to
read:
   49073.6.  (a) For purposes of this section, the following terms
have the following meanings:
   (1) "Social media" means an electronic service or account, or
electronic content, including, but not limited to, videos, still
photographs, blogs, video blogs, podcasts, instant and text messages,
email, online services or accounts, or Internet Web site profiles or
locations.
   (2) (A) "Publicly accessible" means anything posted on social
media or any other Internet Web site that is accessible to the
general public.
   (B) "Publicly accessible" does not include anything posted on
social media or any other Internet Web site that is only accessible
to a restricted group of persons.
   (b) Notwithstanding any other law or regulation, a school
district, county office of education, or charter school that
considers a program to gather or maintain in its records any personal
information obtained from social media of any enrolled pupil shall
notify pupils and their parents or guardians about the proposed
program and provide an opportunity for public comment  at a
regularly scheduled public meeting of the governing board of the
school district or county office of education, or governing body of
the charter school, as applicable,  before the adoption of the
program.  The notification required by this subdivision may be
provided as part of the notification required pursuant to Section
48980. 
   (c) Notwithstanding any other law or regulation, a school
district, county office of education, or charter school that adopts a
program pursuant to subdivision (b) shall do all of the following:
   (1) Gather or maintain only information that was made publicly
accessible, which shall not include either of the following:
   (A) Information that the school district, county office of
education, or charter school knows or has reason to believe was
reposted or otherwise made publicly accessible by another party
without the express consent of the original author.
   (B) Any secondary information, including, but not limited to,
geolocation information, derived from content posted to social media,
unless that secondary information was intentionally made publicly
accessible.
   (2) Provide a pupil with access to any personal information about
the pupil gathered or maintained by the school district, county
office of education, or charter school that was obtained from social
media, and an opportunity to correct or delete information that was
gathered or maintained in violation of paragraph (1).
   (3) (A) Destroy personal information gathered from social media
and maintained in its records within one year after a pupil turns 18
years of age or within one year after the pupil is no longer enrolled
in the school district, county office of education, or charter
school, whichever occurs first.
   (B) Notify each parent or guardian of a pupil subject to the
program that the pupil's personal information is being gathered from
social media and that any information subject to this section
maintained in the school district's, county  office  of
education's, or charter school's records with regard to the pupil
shall be destroyed in accordance with subparagraph (A).  The
notification required by this subparagraph may be provided as part of
the notification required pursuant to Section 48980. 
   (C) If the school district, county office of education, or charter
school contracts with a third party to gather personal information
from social media on an enrolled pupil, the contract shall do all of
following:
   (i) Prohibit the third party from using the information for its
own purposes.
   (ii) Prohibit the third party from selling or sharing the
information with any person or entity other than the school district,
county office of education, or charter school.
   (iii) Require the third party to destroy the information
immediately upon satisfying the terms of the contract, within one
year after a pupil turns 18 years of age, or within one year after
the pupil is no longer enrolled in the school district, county office
of education, or charter school, whichever occurs first.