BILL NUMBER: SB 963 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 8, 2001
AMENDED IN SENATE APRIL 17, 2001
INTRODUCED BY Senator Vincent
FEBRUARY 23, 2001
An act to amend Section 49076 of , and to add and repeal
Section 48980.5 of, the Education Code, relating to pupil
records.
LEGISLATIVE COUNSEL'S DIGEST
SB 963, as amended, Vincent. Pupil records.
Existing
(1) Existing law prohibits a school district from permitting
access to pupil records to any person without written parental
consent or under judicial order except under certain circumstances,
including permitting access to a probation officer for the purpose of
conducting a truancy mediation program for a pupil, or for purposes
of presenting evidence in a truancy petition. Existing law requires
the probation officer to certify in writing to the school district
that the information will be used only for truancy purposes. Existing
law requires a school district releasing pupil information to a
probation officer to inform, or provide written notification to, the
parent or guardian of the pupil within 24 hours of the release of the
information.
This bill would until January 1, 2005, also authorize a school
district to permit access to a probation officer for the purposes of
casework planning and monitoring wards and probationers and to a
social worker with respect to a dependent child, as specified. The
bill would require a probation officer or social worker to certify
in writing to the school that the information will only be used for
these purposes. The bill would require the school district to
provide the requested information make the
requested information available at the schoolsite within 5
working days , thereby imposing a state-mandated local program
.
(2) Existing law requires the governing board of each school to
notify parents and guardians each school year of their rights and
responsibilities and other specified information.
This bill would also require, until January 1, 2005, the
notification to advise parents that probation officers and social
workers are authorized to access relevant pupil records, thereby
imposing a state-mandated local program. The bill
would require a school district that releases pupil information to a
probation officer or social worker to inform, or provide written
notification to, the parent or guardian of the pupil within 24 hours
of the release of the information, thereby imposing a state-mandated
local program.
The
(3) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement, including the creation of a State Mandates
Claims Fund to pay the costs of mandates that do not exceed
$1,000,000 statewide and other procedures for claims whose statewide
costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48980.5 is added to the Education Code, to
read:
48980.5. The notification required pursuant to Section 48980
shall include information to parents or guardians that probation
officers and social workers are authorized to access relevant pupil
records pursuant to Section 49076.
This section shall remain in effect only until January 1, 2005, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2005, deletes or extends that date.
SEC. 2. Section 49076 of the Education Code is amended to
read:
49076. A school district is not authorized to permit access to
pupil records to any person without written parental consent or under
judicial order except that:
(a) Access to those particular records relevant to the legitimate
educational interests of the requester shall be permitted to the
following:
(1) School officials and employees of the district, members of a
school attendance review board appointed pursuant to Section 48321,
and any volunteer aide, 18 years of age or older, who has been
investigated, selected, and trained by a school attendance review
board for the purpose of providing followup services to pupils
referred to the school attendance review board, provided that the
person has a legitimate educational interest to inspect a record.
(2) Officials and employees of other public schools or school
systems, including local, county, or state correctional facilities
where educational programs leading to high school graduation are
provided, where the pupil intends to or is directed to enroll,
subject to the rights of parents as provided in Section 49068.
(3) Authorized representatives of the Comptroller General of the
United States, the Secretary of for
Education, and administrative head of an education agency, state
education officials, or their respective designees, or the United
States Office of Civil Rights, where the information is necessary to
audit or evaluate a state or federally supported education program or
pursuant to a federal or state law, provided that except when
collection of personally identifiable information is specifically
authorized by federal law, any data collected by those officials
shall be protected in a manner which will not permit the personal
identification of students or their parents by other than those
officials, and any personally identifiable data shall be destroyed
when no longer needed for the audit, evaluation, and enforcement of
federal legal requirements.
(4) Other state and local officials to the extent that information
is specifically required to be reported pursuant to state law
adopted prior to November 19, 1974.
(5) Parents of a pupil 18 years of age or older who is a dependent
as defined in Section 152 of the Internal Revenue Code of 1954.
(6) A pupil 16 years of age or older or having completed the 10th
grade who requests access.
(7) Any district attorney who is participating in or conducting a
truancy mediation program pursuant to Section 48263.5, or Section
601.3 of the Welfare and Institutions Code, or participating in the
presentation of evidence in a truancy petition pursuant to Section
681 of the Welfare and Institutions Code.
(8) A prosecuting agency for consideration against a parent or
guardian for failure to comply with the Compulsory Education Law
(Chapter 2 (commencing with Section 48200) of Part 27 of Division 4
of Title 2) or with Compulsory Continuation Education (Chapter 3
(commencing with Section 48400) of Part 27 of Division 4 of Title 2).
(9) Any probation officer or district attorney for the purposes of
conducting a criminal investigation or an investigation in regards
to declaring a person a ward of the court or involving a violation of
a condition of probation.
(10) Any judge or probation officer for the purpose of conducting
a truancy mediation program for a pupil, or for purposes of
presenting evidence in a truancy petition pursuant to Section 681 of
the Welfare and Institutions Code. The judge or probation officer
shall certify in writing to the school district that the information
will be used only for truancy purposes. A school district releasing
pupil information to a judge or probation officer pursuant to this
paragraph shall inform, or provide written notification to, the
parent or guardian of the pupil within 24 hours of the release of the
information.
(11) Until January 1, 2005, any probation officer for the
purposes of casework planning and monitoring wards and probationers.
The probation officer shall certify in writing to the school
district that the information will be used only for case planning and
monitoring purposes. The school district shall provide the
requested information make the information available
at the schoolsite to the probation officer within five
working days. A school district releasing pupil information to a
probation officer pursuant to this paragraph shall inform, or provide
written notification to, the parent or guardian of the pupil within
24 hours of the release of the information. five
working days.
(12) Until January 1, 2005, any social worker supervising a
dependent child pursuant to Article 6 (commencing with Section 300)
of the Welfare and Institutions Code. The social worker shall
certify in writing to the school district that the information will
be used only for purposes authorized pursuant to Article 6
(commencing with Section 300) of the Welfare and Institutions Code.
The school district shall provide the requested information
make the information available at the schoolsite
to the social worker within five working days. A school
district releasing pupil information to a social worker pursuant to
this paragraph shall inform, or provide written notification to, the
parent or guardian of the pupil within 24 hours of the release of the
information.
(b) School districts may release information from pupil records to
the following:
(1) Appropriate persons in connection with an emergency if the
knowledge of the information is necessary to protect the health or
safety of a pupil or other persons.
(2) Agencies or organizations in connection with a pupil's
application for, or receipt of, financial aid. However, information
permitting the personal identification of pupils or their parents may
be disclosed only as may be necessary for purposes as to determine
the eligibility of the pupil for financial aid, to determine the
amount of the financial aid, to determine the conditions which will
be imposed regarding the financial aid, or to enforce the terms or
conditions of the financial aid.
(3) The county elections official, for the purpose of identifying
pupils eligible to register to vote, and for conducting programs to
offer pupils an opportunity to register to vote. The information,
however, shall not be used for any other purpose or given or
transferred to any other person or agency.
(4) Accrediting associations in order to carry out their
accrediting functions.
(5) Organizations conducting studies for, or on behalf of,
educational agencies or institutions for the purpose of developing,
validating, or administering predictive tests, administering student
aid programs, and improving instruction, if the studies are conducted
in a manner that will not permit the personal identification of
pupils or their parents by persons other than representatives of the
organizations and the information will be destroyed when no longer
needed for the purpose for which it is obtained.
(6) Officials and employees of private schools or school systems
where the pupil is enrolled or intends to enroll, subject to the
rights of parents as provided in Section 49068. This information
shall be in addition to the pupil's permanent record transferred
pursuant to Section 49068.
No person, persons, agency, or organization permitted access to
pupil records pursuant to this section shall permit access to any
information obtained from those records by any other person, persons,
agency, or organization without the written consent of the pupil's
parent. However, this paragraph shall not be construed as requiring
prior parental consent when information obtained pursuant to this
section is shared with other persons within the educational
institution, agency, or organization obtaining access, so long as
those persons have a legitimate interest in the information.
(c) Notwithstanding any other provision of law, any school
district, including any county office of education or superintendent
of schools, may participate in an interagency data information system
that permits access to a computerized data base system within and
between governmental agencies or districts as to information or
records which are nonprivileged, and where release is authorized as
to the requesting agency under state or federal law or regulation, as
long as each of the following requirements are met:
(1) Each agency and school district shall develop security
procedures or devices by which unauthorized personnel cannot access
data contained in the system.
(2) Each agency and school district shall develop procedures or
devices to secure privileged or confidential data from unauthorized
disclosure.
(3) Each school district shall comply with the access log
requirements of Section 49064.
(4) The right of access granted shall not include the right to
add, delete, or alter data without the written permission of the
agency holding the data.
(5) No agency or school district may make public or otherwise
release information on an individual contained in the data base where
the information is protected from disclosure or release as to the
requesting agency by state or federal law or regulation.
SEC. 2.
SEC. 3. Notwithstanding Section 17610 of the Government
Code, if the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part
7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.