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 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.
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:
Section 49073.1 is added to the Education Code,
(a) A local educational agency may enter into a
4contract with a third party for either or both of the following
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 using 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.
begin deleteThe assignment of liability and the end delete
4procedures for notifying the affected parent, legal guardian, and
5eligible pupil in the event of an unauthorized disclosure of the
7(7) A certification that a pupil’s records shall not be retained or
8available to the third party
begin delete when that pupil is no longer enrolled and a description of how that certification will be
9in the local educational agencyend delete
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
23(1) “Eligible pupil” means a pupil who has reached 18 years of
25(2) “Local educational agency” includes school districts, county
26offices of education, and charter schools.
P4 1 “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.
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.