BILL NUMBER: AB 1442 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 22, 2014
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
INTRODUCED BY Assembly Member Gatto
(Coauthor: Assembly Member Gonzalez)
(Coauthor: Senator Lara)
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
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,
pertains directly to school safety or to pupil safety,
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 the use, sale,
or sharing of the information by the 3rd party,
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, 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) "Educational purposes" means for purposes that aid in
instruction in the classroom or at home, or in classroom
administration.
(3)
(2) (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.
educational purposes or primarily to facilitate creation of
school-sponsored publications, such as a yearbook or pupil newspaper,
under the direction or control of a school, teacher, or yearbook
adviser.
(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" 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
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,
Section 49062, 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:
pertains directly to school safety or to pupil
safety.
(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 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 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 such information.
(3) (A) Destroy 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 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 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 information or make
corrections to 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 information from
social media on an enrolled pupil, require the contract
shall to do all of the following:
(i) Prohibit the third party from using the information for
its own purposes. purposes oth er
than to satisfy the terms of the contract.
(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. school, or the pupil or his or her parent or
guardian.
(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.
(iii) Require the third party to destroy the information
immediately upon satisfying the terms of the contract.
(iv) Require the third party, upon notice and a reasonable
opportunity to act, to destroy information pertaining to a pupil when
the pupil turns 18 years of age or is no longer enrolled in the
school district, county office of education, or charter school,
whichever occurs first. The school district, county office of
education, or charter school shall provide notice to the third party
when a pupil turns 18 years of age or is no longer enrolled in the
school district, county office of education, or charter school.
Notice provided pursuant to this clause shall not be used for any
other purpose.