BILL NUMBER: AB 2097	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 25, 2016
	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Members Melendez, Gonzalez, and Gatto
    (   Coauthor:   Assembly Member  
Chau   ) 

                        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 the  superintendent
  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,   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   districts, county offices of
education, and charter schools  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  
Superintendent  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:

  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   district, county
office of education, or charter school  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   Superintendent at
least annually information, in a form and manner prescribed by the
 superintendent   Superintendent  and
developed in consultation with the special education local plan
areas, in order for the  superintendent  
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   Superintendent  may
require. The  superintendent   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  
Superintendent  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   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.