BILL NUMBER: AB 2097	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Members Melendez, Gonzalez, and Gatto

                        FEBRUARY 17, 2016

   An act to amend Section  52372 of   56601 of,
and to add Section 49076.7 to,  the Education Code, relating to
 career technical education.   pupil records.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 2097, as amended, Melendez.  Career technical
education.   Pupil records:   social security
numbers.  
   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.  
   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.  
   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.  
   This bill would make nonsubstantive changes to this provision.

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


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 49076.7 is added to the 
 Education Code   , to read:  
   49076.7.  (a) The Legislature finds and declares both of the
following:
   (1) Pupil data privacy is a priority because pupils are at risk
for identity theft when providing their social security numbers.
   (2) A technical brief titled "Data Stewardship: Managing
Personally Identifiable Information in Electronic Student Education
Records" published by the United States Department of Education
states that social security numbers are the single most misused piece
of information by criminals perpetrating identity thefts.
   (b) A school district shall not collect or solicit social security
numbers or the last four digits of social security numbers from
pupils or their parents or guardians unless otherwise required to do
so by state or federal law.
   (c) The department may additionally prohibit the collection and
solicitation of other personally identifiable information, as
recommended by the Superintendent and approved by the state board.

   SEC. 2.    Section 56601 of the   Education
Code   is amended to read: 
   56601.  (a) Each special education local plan area shall submit to
the superintendent at least annually information, in a form and
manner prescribed by the superintendent and developed in consultation
with the special education local plan areas, in order for the
superintendent to carry out the evaluation responsibilities pursuant
to Section 56602. This information shall include other statistical
data, program information, and fiscal information that the
superintendent may require. The superintendent shall use this
information to answer questions from the Legislature and other state
and federal agencies on program, policy, and fiscal issues of
statewide interest.
   (b) In order to assist the state in evaluating the effectiveness
of special education programs, including transition and work
experience programs, the superintendent  is authorized 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 two-year period. In a
situation where a social security number is not available, the
superintendent shall assign another   shall, commencing
with the 2017-18 fiscal year and phased in over a two-year period,
assign a  student identification number  to individuals with
exceptional needs  for purposes of evaluating special education
programs and related services. The superintendent shall not disclose
personally identifiable, individual pupil records to any person,
institution, agency, or organization except as authorized by Section
1232g of Title 20 of the United States Code and Part 99 of Title 34
of the Code of Federal Regulations. 
  SECTION 1.    Section 52372 of the Education Code
is amended to read:
   52372.  The governing board of any high school district, subject
to the provisions of this code relating to courses of study for high
schools, the governing board of any joint powers regional
occupational center or program, or the county superintendent of
schools that conducts any county-operated regional occupational
center or program may establish and maintain, in connection with any
high school or regional occupational center or program under its or
his or her jurisdiction, cooperative career technical education
programs or community classrooms as part of a career technical
education course in accordance with rules and regulations prescribed
by the Superintendent.