BILL ANALYSIS Ó
AB 2097
Page 1
Date of Hearing: May 11, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2097 (Melendez) - As Amended April 25, 2016
-----------------------------------------------------------------
|Policy |Education |Vote:|7 - 0 |
|Committee: | | | |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| |Privacy and Consumer | |11 - 0 |
| |Protection | | |
| | | | |
| | | | |
-----------------------------------------------------------------
Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill removes the authorization for the California
Department of Education (CDE) to collect and utilize social
security numbers (SSNs) of individuals with exceptional needs as
pupil identification numbers. This bill also requires the CDE,
AB 2097
Page 2
starting with the 2017-18 school year, to assign a pupil
identification number to these students for purposes of
evaluating special education programs and services.
FISCAL EFFECT:
No administrative costs to the CDE to remove SSNs from their
databases and provide new pupil identifiers as these activities
are currently underway.
COMMENTS:
Background. This bill is in response to the case of Morgan Hill
Concerned Parents Association and Concerned Parents Association
vs. California Department of Education, in which the plaintiffs
alleged the CDE was failing to ensure that special education
students were receiving the services to which they are entitled.
As part of the discovery process, the plaintiffs sought access
to the records of approximately 10 million special education
students. It was widely reported in the media that the court
ordered release of student data which resulted in an outcry
among parents who were concerned about the security of their
children's information and the possibility of identity theft.
In response to overwhelming public protest, the court ordered
that the CDE maintain custody of CALPADS, while running searches
for information requested by the plaintiffs. The court also
AB 2097
Page 3
reiterated that no student personally identifiable information
may be released to the plaintiffs unless and until they
demonstrate to the satisfaction of the court that the method to
be used to store the sensitive student data is secure. The
parties are still litigating the extent of the disclosure of
student data.
CDE indicates they are currently working to remove SSNs from the
California Special Education Management Information System
(CASEMIS). CDE further notes they have already assigned unique
student identifiers to all pupils, including those with IEPs.
CDE is also currently in the process of transitioning away from
the separate CASEMIS system and will soon incorporate the data
for all students into the California Longitudinal Pupil
Achievement Data System (CALPADs) database. According to CDE,
SSNs have never been used within CALPADS.
Analysis Prepared by:Misty Feusahrens / APPR. / (916) 319-2081