BILL ANALYSIS Ó
AB 1584
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CONCURRENCE IN SENATE AMENDMENTS
AB 1584 (Buchanan)
As Amended August 21, 2014
Majority vote
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|ASSEMBLY: |75-0 |(May 5, 2014) |SENATE: |35-0 |(August 25, |
| | | | | |2014) |
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Original Committee Reference: ED.
SUMMARY : Authorizes a local education agency (LEA), pursuant to
a policy adopted by its governing board, to enter into a
contract with third parties to provide services, including
cloud-based services, for the digital storage, management, and
retrieval of pupil records, and to provide digital educational
software, provided the contract includes specific provisions
about the security, use, ownership, and control of the pupil
records.
The Senate amendments :
1)Require contracts to include a description of the means by
which pupils may retain possession and control of their own
pupil-generated content, if appropriate, including options by
which a pupil may transfer pupil-generated content to a
personal account.
2)Delete the requirement that contracts prohibit third parties
from using personally identifiable information on pupils for
commercial or advertising purposes and instead add a
requirement that the contract contain a prohibition against
the third party using personally identifiable information in
pupil records to engage in targeted advertising.
3)Clarify that parents, legal guardians, and eligible pupils may
review and correct personally identifiable information in
pupil records.
4)Delete the requirement that contracts provide for the
assignment of liability in the event of the unauthorized
disclosure of pupil data and instead require contracts to
provide a description of the procedures for notifying the
affected pupil and parent or legal guardian.
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5)Change from "when that pupil is no longer enrolled in the
local education agency" to "upon completion of the terms of
the contract" the time beyond which pupil records shall not be
retained by or available to the third party.
6)Include in the definition of "pupil records" any information
acquired directly from the pupil through the use of
instructional software or applications assigned to the pupil
by a teacher or other local educational agency employee.
7)Delete the exemption from the definition of "pupil records"
the records of teacher and school administrators that are kept
in their sole possession from the definition of "pupil
records," and instead provide that "pupil records" does not
include deidentified information used for:
a) Improving educational products for adaptive learning
purposes and for customizing pupil learning;
b) Demonstrating the effectiveness of the operator's
products in the marketing of those products; and
c) Developing and improving educational sites, services, or
applications.
8)Define "deidentified" information to mean information that
cannot be used to identify an individual pupil.
9)Define "pupil-generated content" to mean materials created by
a pupil, including, but not limited to, essays, research
reports, portfolios, creative writing, music or other audio
files, photographs, and account information that enables
ongoing ownership of pupil content.
10)Clarify that "pupil-generated content" does not include pupil
responses to standardized assessments where pupil possession
and control would jeopardize test validity and reliability.
11)Delete the provision that a contract that fails to meet the
requirements of the bill is voidable and instead provide that:
a) Such contracts shall be rendered void if, upon notice
and a reasonable oppoprtunity to cure, the noncompliant
party fails to come into compliance and cure any defect;
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b) Written notice of noncompliance may be provided by any
party or intended beneficiary of the contract; and
c) All parties subject to a voided contract shall return
all pupil records in their possession to the LEA.
12)Delete the reference to the federal Children's Online Privacy
Protection Act of 1998.
13)Provide that the requirements of this bill shall not be
construed to impose liability on a third party for content
provided by another person.
14)Clarify the means by which a noncompliant contract may be
rendered void.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author's office, the Senate
amendments respond to concerns raised by the industry. These
concerns include the following:
1)Pupils should be able to retain digital access to their own
created content (Senate amendments provide an option for
pupils to retain their own content through a personal
account).
2)Software and application developers should be able to use
aggregated deidentified information for further product
development and improvement and for marketing purposes (Senate
amendments define "deidentified information" and specifically
permit its use for these purposes).
3)The prohibition against using personally identifiable
information for commercial or advertising purposes is too
restrictive, because "commercial" and "advertising" are not
defined and could be interpreted too broadly (Senate
amendments delete the reference to "commercial" and narrow the
restriction to the use of personally identifiable information
in pupil records to engage in advertising).
Analysis Prepared by : Rick Pratt / ED. / (916) 319-2087
AB 1584
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FN: 0005408