Amended in Senate June 3, 2014

Amended in Assembly April 22, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1584


Introduced by Assembly Member Buchanan

(Principal coauthor: Assembly Member Chau)

February 3, 2014


An act to add Section 49073.1 to the Education Code, relating to pupil records.

LEGISLATIVE COUNSEL’S DIGEST

AB 1584, as amended, Buchanan. Pupil records: privacy: third-party contracts: digital storage services and digital educational software.

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.

This bill would authorize a local educational agencybegin insert, as defined,end insert to enter into a contract with a third partybegin insert, as defined,end insert to provide services for the digital storage, management, and retrieval of pupil recordsbegin insert, as defined,end insert 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.

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.

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 49073.1 is added to the Education Code,
2to read:

3

49073.1.  

(a) A local educational agency may enter into a
4contract with a third party for either or both of the following
5purposes:

6(1) To provide services, including cloud-based services, for the
7digital storage, management, and retrieval of pupil records.

8(2) To provide digital educational software that authorizes a
9third-party provider of digital educational software to access and
10acquire pupil records.

11(b) A local educational agency that enters into a contract with
12a third party for purposes of subdivision (a) shall ensure the
13contract contains all of the following:

14(1) A statement that pupil records continue to be the property
15of and under the control of the local educational agency.

16(2) A prohibition against the third party usingbegin insert personally
17identifiableend insert
information in individual pupil records for commercial
18or advertising purposes.

19(3) A prohibition against the third party using any information
20in the pupil record for any purpose other than for the requirements
21of the contract.

22(4) A description of the procedures by which a parent, legal
23guardian, or eligible pupil may review the pupil’s records and
24correct erroneous information.

25(5) A description of the actions the third party will take,
26including the designation and training of responsible individuals,
27to ensure the security of pupil records. Compliance with this
P3    1requirement shall not, in itself, absolve the third party of liability
2in the event of an unauthorized disclosure of pupil records.

3(6) begin deleteThe assignment of liability and the end deletebegin insertA description of theend insertbegin insert end insert
4procedures for notifying the affected parent, legal guardian, and
5eligible pupil in the event of an unauthorized disclosure of the
6pupil’s records.

7(7) A certification that a pupil’s records shall not be retained or
8available to the third partybegin delete when that pupil is no longer enrolled
9in the local educational agencyend delete
begin insert upon completion of the terms of
10the contractend insert
and a description of how that certification will be
11enforced.

12(8) A description of how the local educational agency and the
13third party will jointly ensure compliance with the federal Family
14Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and
15the federal Children’s Online Privacy Protection Act of 1998 (15
16U.S.C. Sec. 6501 et seq.) for all pupils, including pupils who are
17more than 13 years of age.

18(9) A contract that fails to comply with the requirements of this
19subdivision shall be voidable and all pupil records in possession
20of the third party shall be returned to the local educational agency.

21(c) For purposes of this section, the following terms have the
22following meanings:

23(1) “Eligible pupil” means a pupil who has reached 18 years of
24age.

25(2) “Local educational agency” includes school districts, county
26offices of education, and charter schools.

begin insert

27(3) “Personally identifiable information” means information
28that may be used on its own or with other information to identify
29an individual pupil.

end insert
begin insert

30(4) (A) “Pupil records” means both of the following:

end insert
begin insert

31(i) Any information directly related to a pupil that is maintained
32by the local educational agency.

end insert
begin insert

33(ii) Any information acquired directly from the pupil through
34the use of instructional software or applications assigned to the
35pupil by a teacher or other local educational agency employee.

end insert
begin insert

36(B) “Pupil records” do not include records of teachers and
37school administrators that are kept in their sole possession and
38not revealed to any other individual except a substitute teacher.

end insert
begin delete

39(3)

end delete

P4    1begin insert(5)end insert “Third party” refers to a provider of digital educational
2software or services, including cloud-based services, for the digital
3storage, management, and retrieval of pupil records.

begin insert

4(d) If the provisions of this section are in conflict with the terms
5of a contract in effect before January 1, 2015, the provisions of
6this section shall not apply to the local educational agency or the
7third party subject to that agreement until the expiration,
8amendment, or renewal of the agreement.

end insert
begin delete
9

SEC. 2.  

If the provisions of this section are in conflict with the
10terms of a contract in effect before January 1, 2015, the provisions
11of this section shall not apply to the local educational agency or
12the third party subject to that agreement until the expiration,
13amendment, or renewal of the agreement.

end delete


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