Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1584

Introduced by Assembly Member Buchanan

February 3, 2014

An act to begin delete amend Section 76242 of end delete begin insert add Section 49073.1 to end insert the Education Code, relating to begin delete community colleges end delete begin insert pupil records end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1584, as amended, Buchanan. begin delete Community colleges: privacy of student records. end delete begin insert Pupil records: privacy: third-party contracts: digital storage services and digital educational software. end insert

begin insert

Existing law prohibits a school district from permitting access to pupil records to any person without parental consent or without a judicial order, except to specified persons under certain circumstances, including to a contractor or consultant with a legitimate educational interest who has a formal written agreement or contract with the school district regarding the provision of outsourced institutional services or functions by the contractor or consultant.

end insert begin insert

This bill would authorize a local educational agency to enter into a contract with a third party to provide services for the digital storage, management, and retrieval of pupil records or to provide digital educational software, or both. The bill would require the contract to include specified provisions, including a statement that the pupil records continue to be the property of and under the control of the local educational agency, a description of the actions the third party will take to ensure the security of the pupil records, and a description of how the local educational agency and the third party will jointly ensure compliance with specified federal privacy acts.

end insert begin insert

The bill would provide that, if these provisions are in conflict with the terms of a contract in effect before January 1, 2015, the provisions shall not apply to the local educational agency or the third party subject to that agreement until the expiration, amendment, or renewal of the agreement.

end insert begin delete

Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state.

end delete begin delete

Existing law authorizes a community college district to permit access to student records to any person for whom the student has executed written consent specifying the records to be released and identifying the party or class of parties to receive the records.

end delete begin delete

This bill would make nonsubstantive changes to this access to student records provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 49073.1 is added to the end insert begin insert Education Code end insert begin insert ,
to read: end insert

begin insert

begin insert 49073.1. end insert   

(a) A local educational agency may enter into a
contract with a third party for either or both of the following
purposes:

(1) To provide services, including cloud-based services, for the
digital storage, management, and retrieval of pupil records.

(2) To provide digital educational software that authorizes a
third-party provider of digital educational software to access and
acquire pupil records.

(b) A local educational agency that enters into a contract with
a third party for purposes of subdivision (a) shall ensure the
contract contains all of the following:

(1) A statement that pupil records continue to be the property
of and under the control of the local educational agency.

(2) A prohibition against the third party using information in
individual pupil records for commercial or advertising purposes.

(3) A prohibition against the third party releasing any
information in a pupil record to any unauthorized individual or
entity without the prior written approval of the eligible pupil or
the pupil’s parent or legal guardian.

(4) A description of the procedures by which a parent, legal
guardian, or eligible pupil may review the pupil’s records and
correct erroneous information.

(5) A description of the actions the third party will take,
including the designation and training of responsible individuals,
to ensure the security of pupil records. Compliance with this
requirement shall not, in itself, absolve the third party of liability
in the event of an unauthorized disclosure of pupil records.

(6) The assignment of liability and the procedures for notifying
the affected parent, legal guardian, and eligible pupil in the event
of an unauthorized disclosure of the pupil’s records.

(7) A certification that a pupil’s records shall not be retained
or available to the third party when that pupil is no longer enrolled
in the local educational agency and a description of how that
certification will be enforced.

(8) A description of how the local educational agency and the
third party will jointly ensure compliance with the federal Family
Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and
the federal Children’s Online Privacy Protection Act of 1998 (15
U.S.C. Sec. 6501 et seq.) for all pupils, including pupils who are
more than 13 years of age.

(9) A contract that fails to comply with the requirements of this
subdivision shall be voidable and all pupil records in possession
of the third party shall be returned to the local educational agency.

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

(1) “Eligible pupil” means a pupil who has reached 18 years
of age.

(2) “Local educational agency” includes school districts, county
offices of education, and charter schools.

(3) “Third party” refers to a provider of digital educational
software or services, including cloud-based services, for the digital
storage, management, and retrieval of pupil records.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert If the provisions of this section are in conflict with the
terms of a contract in effect before January 1, 2015, the provisions
of this section shall not apply to the local educational agency or
the third party subject to that agreement until the expiration,
amendment, or renewal of the agreement. end insert

begin delete

SECTION 1.  

Section 76242 of the Education Code is amended
to read:

76242.  

A community college district may permit access to
student records to any person for whom the student has executed
written consent specifying the records to be released and
identifying the party or class of parties to whom the records may
be released. The recipient must be notified that the transmission
of the information to others without the written consent of the
student is prohibited. The notice of consent shall be permanently
kept with the record file.

end delete