Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2097


Introduced by Assembly Members Melendez, Gonzalez, and Gatto

February 17, 2016


An act to amend Sectionbegin delete 52372 ofend deletebegin insert 56601 of, and to add Section 49076.7 to,end insert the Education Code, relating tobegin delete career technical education.end deletebegin insert pupil records.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2097, as amended, Melendez. begin deleteCareer technical education. end deletebegin insertPupil records:end insertbegin insert social security numbers.end insert

begin insert

Existing law authorizes the Superintendent of Public Instruction, in order to assist the state in evaluating the effectiveness of special education programs, including transition and work experience programs, to collect and utilize social security numbers of individuals with exceptional needs as pupil identification numbers beginning in the 1993-94 fiscal year and phased in over a 2-year period. In a situation where a social security number is not available, existing law requires the superintendent to assign another student identification number for purposes of evaluating special education programs and related services.

end insert
begin insert

This bill would repeal that authorization and would instead require the superintendent, commencing with the 2017-18 fiscal year and phased in over a 2-year period, to assign a student identification number to individuals with exceptional needs for purposes of evaluating special education programs and related services. The bill would prohibit school districts from collecting or soliciting social security numbers or the last 4 digits of social security numbers from pupils or their parents or guardians unless otherwise required to do so by state or federal law, and would authorize the State Department of Education to additionally prohibit the collection and solicitation of other personally identifiable information, as recommended by the superintendent and approved by the State Board of Education.

end insert
begin delete

Existing law authorizes, among other things, the governing board of any high school district to establish and maintain, in connection with any high school or regional occupational center or program under its jurisdiction, cooperative career technical education programs or community classrooms as part of a career technical education course, as specified.

end delete
begin delete

This bill would make nonsubstantive changes to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 49076.7 is added to the end insertbegin insertEducation Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert49076.7.end insert  

(a) The Legislature finds and declares both of the
4following:

5(1) Pupil data privacy is a priority because pupils are at risk
6for identity theft when providing their social security numbers.

7(2) A technical brief titled “Data Stewardship: Managing
8Personally Identifiable Information in Electronic Student Education
9Records” published by the United States Department of Education
10states that social security numbers are the single most misused
11piece of information by criminals perpetrating identity thefts.

12(b) A school district shall not collect or solicit social security
13numbers or the last four digits of social security numbers from
14pupils or their parents or guardians unless otherwise required to
15do so by state or federal law.

16(c) The department may additionally prohibit the collection and
17solicitation of other personally identifiable information, as
18recommended by the Superintendent and approved by the state
19board.

end insert
20begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 56601 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
21read:end insert

22

56601.  

(a) Each special education local plan area shall submit
23to the superintendent at least annually information, in a form and
24manner prescribed by the superintendent and developed in
P3    1consultation with the special education local plan areas, in order
2for the superintendent to carry out the evaluation responsibilities
3pursuant to Section 56602. This information shall include other
4statistical data, program information, and fiscal information that
5the superintendent may require. The superintendent shall use this
6information to answer questions from the Legislature and other
7state and federal agencies on program, policy, and fiscal issues of
8statewide interest.

9(b) In order to assist the state in evaluating the effectiveness of
10 special education programs, including transition and work
11experience programs, the superintendentbegin delete is authorized to collect
12and utilize social security numbers of individuals with exceptional
13needs as pupil identification numbers beginning in the 1993-94
14fiscal year and phased in over a two-year period. In a situation
15where a social security number is not available, the superintendent
16shall assign anotherend delete
begin insert shall, commencing with the 2017-18 fiscal
17year and phased in over a two-year period, assign aend insert
student
18identification numberbegin insert to individuals with exceptional needsend insert for
19purposes of evaluating special education programs and related
20services. The superintendent shall not disclose personally
21identifiable, individual pupil records to any person, institution,
22agency, or organization except as authorized by Section 1232g of
23Title 20 of the United States Code and Part 99 of Title 34 of the
24Code of Federal Regulations.

begin delete
25

SECTION 1.  

Section 52372 of the Education Code is amended
26to read:

27

52372.  

The governing board of any high school district, subject
28to the provisions of this code relating to courses of study for high
29schools, the governing board of any joint powers regional
30occupational center or program, or the county superintendent of
31schools that conducts any county-operated regional occupational
32center or program may establish and maintain, in connection with
33any high school or regional occupational center or program under
34its or his or her jurisdiction, cooperative career technical education
35programs or community classrooms as part of a career technical
36education course in accordance with rules and regulations
37prescribed by the Superintendent.

end delete


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