BILL NUMBER: AB 1442	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 5, 2014
	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 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) "Eligible pupil" means any pupil 18 years of age or older.
 
   (2) "School purposes" means for purposes that (A) customarily take
place at the direction of a school, teacher, school district, county
office of education, or charter school, or (B) aid in the
administration of school activities, including, but not limited to,
instruction in the classroom or at home, administrative activities,
or collaboration between pupils, school personnel, and parents or
guardians.  
   (1) 
    (3)     (A)    "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.

   (B) "Social media" shall not include an electronic service or
account used exclusively for school purposes.  
   (2) 
    (4)  (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   shall 
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.   accessible or unless the school
district, county office of education, or charter school has obtained
consent from an eligible pupil or a parent or guardian. 
   (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.  The notification shall 
 include, but is not limited to, all of the following: 

   (i) An explanation of the process by which a pupil or a pupil's
parent or guardian may access the pupil's records for examination of
the personal information gathered or maintained pursuant to this
section.  
   (ii) An explanation of the process by which a pupil or a pupil's
parent or guardian may request the removal of inaccurate personal
information or make corrections to personal information gathered or
maintained pursuant to this section. 
   (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
 the  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.