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 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 thatbegin delete was made publicly accessible, as defined,end deletebegin insert pertains directly to school safety or to pupil safety,end insert provide a pupil with access to any information about the pupil obtained from social media, and destroy the 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 information from social media on an enrolled pupil, the bill would prohibit thebegin delete use, sale, or sharing of the information by theend delete 3rdbegin delete party,end deletebegin insert
party from using the information for purposes other than to satisfy the terms of the contract, prohibit the 3rd party from selling or sharing the information with any person or entity, except as provided,end insert 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 49073.6 is added to the Education Code,
2to read:
(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.
end delete
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(1) “Educational purposes” means for purposes that aid in
14instruction in the classroom or at home, or in classroom
15administration.
16(3)
end delete
17begin insert(2)end insert (A) “Social media” means an electronic service or account,
18or electronic content, including, but not limited to, videos, still
P3 1photographs, blogs, video blogs, podcasts, instant and text
2messages, email, online services or accounts, or Internet Web site
3profiles or locations.
4(B) “Social media” shall not include an electronic service or
5account
used exclusively forbegin delete school purposes.end deletebegin insert
educational purposes
6or primarily to facilitate creation of school-sponsored publications,
7such as a yearbook or pupil newspaper, under the direction or
8control of a school, teacher, or yearbook adviser.end insert
9(4) (A) “Publicly accessible” means anything posted on social
10media or any other Internet Web site that is accessible to the
11general public.
12(B) “Publicly accessible” shall not include anything posted on
13social media or any other Internet Web site that is only accessible
14to a
restricted group of persons.
15(b) Notwithstanding any other law or regulation, a school
16district, county office of education, or charter school that considers
17a program to gather or maintain in its records any information
18obtained from social media of any enrolled pupil shall notify pupils
19and their parents or guardians about the proposed program and
20provide an opportunity for public comment at a regularly scheduled
21public meeting of the governing board of the school district or
22county office of education, or governing body of the charter school,
23as applicable, before the adoption of the program. The notification
24required by this subdivision may be provided as part of the
25notification required pursuant to Section 48980.
26(c) Notwithstandingbegin delete any other law or
regulation,end delete
27 a school district, county office of education, or charter school that
28adopts a program pursuant to subdivision (b) shall do all of the
29following:
30(1) Gather or maintain only information thatbegin delete was made publicly begin insert pertains
31accessible, which shall not include either of the following:end delete
32directly to school safety or to pupil safety.end insert
33(A) Information that the school district, county office of
34education, or charter school knows or has reason to believe was
35reposted or otherwise made publicly accessible by another party
36without the express consent of the original author.
37(B) Any secondary information, including, but not limited to,
38geolocation information, derived from content posted to social
39media, unless that secondary information was
intentionally made
40publicly accessible or unless the school district, county office of
P4 1education, or charter school has obtained consent from an eligible
2pupil or a parent or guardian.
3(2) Provide a pupil with access to any information about the
4pupil gathered or maintained by the school district, county office
5of education, or charter school that was obtained from social media,
6and an opportunity to correct or delete such information.
7(3) (A) Destroy information gathered from social media and
8maintained in its records within one year after a pupil turns 18
9years of age or within one year after the pupil is no longer enrolled
10in the school district, county office of education, or charter school,
11whichever occurs
first.
12(B) Notify each parent or guardian of a pupil subject to the
13program that the pupil’s information is being gathered from social
14media and that any information subject to this section maintained
15in the school district’s, county office of education’s, or charter
16school’s records with regard to the pupil shall be destroyed in
17accordance with subparagraph (A). The notification required by
18this subparagraph may be provided as part of the notification
19required pursuant to Section 48980. The notification shall include,
20but is not limited to, all of the following:
21(i) An explanation of the process by which a pupil or a pupil’s
22parent or guardian may access the pupil’s records for examination
23of the information gathered or maintained pursuant to this section.
24(ii) An explanation of the process by which a pupil or a pupil’s
25parent or guardian may request the removal of information or make
26corrections to information gathered or maintained pursuant to this
27section.
28(C) If the school district, county office of education, or charter
29school contracts with a third party to gather information from social
30media on an enrolled pupil,begin insert requireend insert the contractbegin delete shallend deletebegin insert toend insert do all of
31the following:
32(i) Prohibit the third party
from using the information forbegin delete its begin insert
purposes other than to satisfy the terms of the
33own purposes.end delete
34contract.end insert
35(ii) Prohibit the third party from selling or sharing the
36information with any person or entity other than the school district,
37county office of education,begin delete orend delete charterbegin delete school.end deletebegin insert school, or the pupil
38or his or her parent or guardian.end insert
39(iii) Require the third party to destroy
the information
40immediately upon satisfying the terms of the contract, within one
P5 1year after a pupil turns 18 years of age, or within one year after
2the pupil is no longer enrolled in the school district, county office
3of education, or charter school, whichever occurs first.
4(iii) Require the third party to destroy the information
5immediately upon satisfying the terms of the contract.
6(iv) Require the third party, upon notice and a reasonable
7opportunity to act, to destroy information pertaining to a pupil
8when the pupil turns 18 years of age or is no longer enrolled in
9the school district, county office of education, or charter school,
10whichever occurs first. The school district, county office of
11education, or charter
school shall provide notice to the third party
12when a pupil turns 18 years of age or is no longer enrolled in the
13school district, county office of education, or charter school. Notice
14provided pursuant to this clause shall not be used for any other
15purpose.
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