Amended in Assembly April 25, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2097


Introduced by Assembly Members Melendez, Gonzalez, and Gatto

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(Coauthor: Assembly Member Chau)

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February 17, 2016


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

LEGISLATIVE COUNSEL’S DIGEST

AB 2097, as amended, Melendez. 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 thebegin delete superintendentend deletebegin insert Superintendentend insert 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 thebegin delete superintendent,end deletebegin insert Superintendent,end insert 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 schoolbegin delete districtsend deletebegin insert districts, county offices of education, and charter schoolsend insert 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 thebegin delete superintendentend deletebegin insert Superintendentend insert and approved by the State Board of Education.

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

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

P2    1

SECTION 1.  

Section 49076.7 is added to the Education Code,
2to read:

3

49076.7.  

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

5(1) Pupil data privacy is a priority because pupils are at risk for
6identity 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 schoolbegin delete districtend deletebegin insert district, county office of education, or
13charter schoolend insert
shall not collect or solicit social security numbers
14or the last four digits of social security numbers from pupils or
15their parents or guardians unless otherwise required to do so by
16state or federal law.

17(c) The department may additionally prohibit the collection and
18solicitation of other personally identifiable information, as
19recommended by the Superintendent and approved by the state
20board.

21

SEC. 2.  

Section 56601 of the Education Code is amended to
22read:

23

56601.  

(a) Each special education local plan area shall submit
24to thebegin delete superintendentend deletebegin insert Superintendentend insert at least annually information,
25in a form and manner prescribed by thebegin delete superintendentend delete
26begin insert Superintendentend insert and developed in consultation with the special
27education local plan areas, in order for thebegin delete superintendentend delete
P3    1begin insert Superintendentend insert to carry out the evaluation responsibilities pursuant
2to Section 56602. This information shall include other statistical
3data, program information, and fiscal information that the
4begin delete superintendentend deletebegin insert Superintendentend insert may require. Thebegin delete superintendentend delete
5begin insert Superintendentend insert shall use this information to answer questions from
6the Legislature and other state and federal agencies on program,
7policy, and fiscal issues of statewide interest.

8(b) In order to assist the state in evaluating the effectiveness of
9 special education programs, including transition and work
10experience programs, thebegin delete superintendentend deletebegin insert Superintendentend insert shall,
11commencing with the 2017-18 fiscal year and phased in over a
12two-year period, assign a student identification number to
13individuals with exceptional needs for purposes of evaluating
14special education programs and related services. Thebegin delete superintendentend delete
15begin insert Superintendentend insert shall not disclose personally identifiable, individual
16pupil records to any person, institution, agency, or organization
17except as authorized by Section 1232g of Title 20 of the United
18States Code and Part 99 of Title 34 of the Code of Federal
19Regulations.



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