Amended in Senate July 1, 2014

Amended in Senate June 5, 2014

Amended in Assembly May 1, 2014

Amended in Assembly April 7, 2014

Amended in Assembly March 25, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1442


Introduced by Assembly Member Gatto

(Coauthor: Assembly Member Gonzalez)

begin insert

(Coauthor: Senator Lara)

end insert

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 anybegin delete personalend delete 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 anybegin delete personalend delete information about the pupil obtained from social media, andbegin delete toend delete destroy thebegin delete personalend delete 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 gatherbegin delete personalend delete 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:

P2    1

SECTION 1.  

Section 49073.6 is added to the Education Code,
2to read:

3

49073.6.  

(a) For purposes of this section, the following terms
4have the following meanings:

5(1) “Eligible pupil” means any pupil 18 years of age or older.

6(2) “School purposes” means for purposes that (A) customarily
7take place at the direction of a school, teacher, school district,
8county office of education, or charter school, or (B) aid in the
9administration of school activities, including, but not limited to,
10instruction in the classroom or at home, administrative activities,
11or collaboration between pupils, school personnel, and parents or
12guardians.

13(3) (A) “Social media” means an electronic service or account,
14or electronic content, including, but not limited to, videos, still
15photographs, blogs, video blogs, podcasts, instant and text
16messages, email, online services or accounts, or Internet Web site
17profiles or locations.

18(B) “Social media” shall not include an electronic service or
19account used exclusively for school purposes.

20(4) (A) “Publicly accessible” means anything posted on social
21media or any other Internet Web site that is accessible to the
22general public.

P3    1(B) “Publicly accessible” shall not include anything posted on
2social media or any other Internet Web site that is only accessible
3to a restricted group of persons.

4(b) Notwithstanding any other law or regulation, a school
5district, county office of education, or charter school that considers
6a program to gather or maintain in its records anybegin delete personalend delete
7 information obtained from social media of any enrolled pupil shall
8notify pupils and their parents or guardians about the proposed
9program and provide an opportunity for public comment at a
10regularly scheduled public meeting of the governing board of the
11school district or county office of education, or governing body
12of the charter school, as applicable, before the adoption of the
13program. The notification required by this subdivision may be
14provided as part of the notification required pursuant to Section
1548980.

16(c) Notwithstanding any other law or regulation, a school
17district, county office of education, or charter school that adopts
18a program pursuant to subdivision (b) shall do all of the following:

19(1) Gather or maintain only information that was made publicly
20accessible, which shall not include either of the following:

21(A) Information that the school district, county office of
22education, or charter school knows or has reason to believe was
23reposted or otherwise made publicly accessible by another party
24without the express consent of the original author.

25(B) Any secondary information, including, but not limited to,
26geolocation information, derived from content posted to social
27media, unless that secondary information was intentionally made
28publicly accessible or unless the school district, county office of
29education, or charter school has obtained consent from an eligible
30pupil or a parent or guardian.

31(2) Provide a pupil with access to anybegin delete personalend delete information
32about the pupil gathered or maintained by the school district,
33county office of education, or charter school that was obtained
34from social media, and an opportunity to correct or delete
35begin delete information that was gathered or maintained in violation of
36paragraph (1).end delete
begin insert such information.end insert

37(3) (A) Destroybegin delete personalend delete information gathered from social
38media and maintained in its records within one year after a pupil
39turns 18 years of age or within one year after the pupil is no longer
P4    1enrolled in the school district, county office of education, or charter
2school, whichever occurs first.

3(B) Notify each parent or guardian of a pupil subject to the
4program that the pupil’sbegin delete personalend delete information is being gathered
5from social media and that any information subject to this section
6maintained in the school district’s, county office of education’s,
7or charter school’s records with regard to the pupil shall be
8destroyed in accordance with subparagraph (A). The notification
9required by this subparagraph may be provided as part of the
10notification required pursuant to Section 48980. The notification
11shall include, but is not limited to, all of the following:

12(i) An explanation of the process by which a pupil or a pupil’s
13parent or guardian may access the pupil’s records for examination
14of thebegin delete personalend delete information gathered or maintained pursuant to
15this section.

16(ii) An explanation of the process by which a pupil or a pupil’s
17parent or guardian may request the removal ofbegin delete inaccurate personalend delete
18 information or make corrections tobegin delete personalend delete information gathered
19or maintained pursuant to this section.

20(C) If the school district, county office of education, or charter
21school contracts with a third party to gatherbegin delete personalend delete information
22from social media on an enrolled pupil, the contract shall do all of
23the following:

24(i) Prohibit the third party from using the information for its
25own purposes.

26(ii) Prohibit the third party from selling or sharing the
27information with any person or entity other than the school district,
28county office of education, or charter school.

29(iii) Require the third party to destroy the information
30immediately upon satisfying the terms of the contract, within one
31year after a pupil turns 18 years of age, or within one year after
32the pupil is no longer enrolled in the school district, county office
33of education, or charter school, whichever occurs first.



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