BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Senator Ellen M. Corbett, Chair
2009-2010 Regular Session
AB 352 (Strickland)
As Amended June 7, 2010
Hearing Date: June 15, 2010
Fiscal: No
Urgency: No
TW:jd
SUBJECT
Public Records: California Interscholastic Federation
DESCRIPTION
This bill would add a requirement to the Education Code that the
California Interscholastic Federation shall comply with the
California Public Records Act, as specified.
BACKGROUND
In 1914, the California Interscholastic Federation (CIF) was
formed as a non-profit organization for the purpose of
administering high school athletic programs. In 1981, the
Legislature declared that the CIF, in consultation with the
California Department of Education, would serve as the
organization through which member high schools would mutually
adopt rules and regulations relating to interscholastic
athletics (grades 9 through 12), and establish agreed upon
minimum standards for certain aspects of the interscholastic
athletic program. (SB 19 (Campbell, Ch. 1001, Stats. 1981).)
CIF consists of ten regional sections, each of which is divided
into several "leagues," for purposes of scheduling athletic
contests, assigning referees, etc. Almost all public, private,
and parochial schools are CIF members. CIF is one of the 50
state associations that belong to the National Federation of
State High School Associations and actively participates in the
national organization. Generally, rules recommended by the
national body are adopted by CIF.
The California Public Records Act (CPRA) was enacted in 1968 to
provide California citizens access to state and local agency
(more)
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records. (AB 1381 (Bagley, Ch. 1473, Stats. 1968).) Under the
CPRA, state and local agencies are required, upon request, to
provide copies of disclosable public records in the possession
of the agency.
This bill would require CIF to comply with the requirements of
the CPRA.
CHANGES TO EXISTING LAW
Existing law , the CPRA, requires state and local agencies to
make public records available upon receipt of a request that
reasonably describes an identifiable record not otherwise exempt
from disclosure. (Gov. Code Sec. 6253.)
Existing law makes CIF responsible for administering
interscholastic activities in secondary schools. (Gov. Code
Sec. 33353(a).)
Existing law requires CIF to comply with the notice and hearing
requirements of Government Code Section 54950 (the Ralph M.
Brown Act). (Gov. Code Sec. 33353(a)(2).)
Existing law requires CIF to annually allow public comment on
the policies and practices of CIF. (Gov. Code Sec.
33353(b)(2)(C).)
Existing law requires CIF to engage in a comprehensive outreach
effort to promote public hearings on its report to the
Legislature and CIF accountability activities. (Gov. Code Sec.
33353(b)(2)(D).)
This bill would require CIF to comply with the CPRA.
This bill , in order to protect confidential student and school
district employee records, would provide CIF with the exemptions
under CPRA given to school districts.
This bill would sunset on January 1, 2012.
COMMENT
1. Stated need for the bill
The author writes:
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Because the California Interscholastic Federation (CIF) is an
entity whose authority to govern interscholastic sports in
California was delegated by the Legislature, it is important
their records be subject to the Public Records Act.
AB 352 will declare the intent of the Legislature for the CIF
to comply with the Act to promote transparency and
accountability. . . . According to discussion with the
Legislative Counsel, CIF's records are public information, yet
they are not covered by the Public Records Act. The author of
the bill sees a need for the CIF to comply with the Act so
that the public has access to records or precedence often
dealing with the eligibility of student athletes to
participate in sports and CIF sanctions on students, teams, or
schools that violate CIF policies.
2. Bill would require CIF to comply with the CPRA
This bill would require the CIF, a non-profit private
organization, to comply with the CPRA, which is primarily aimed
at state and local government agencies. This bill thus raises
the public policy question of whether it is appropriate to
require the CIF to comply with the CPRA.
a. CIF acts as a local agency
Under Gov. Code Section 6252(a), a local agency, among other
things, means an organization created by the Legislature in
order to exercise authority that may be lawfully delegated by
the Legislature to a private corporation, limited liability
corporation, or other entity. CIF is organized as a
non-profit organization. However, the Legislature delegated
responsibilities for administering public interscholastic
activities to CIF. In this respect, CIF is acting as a local
agency.
b. CPRA applies to certain private and non-private entities
that perform governmental functions
Not only does CIF act as a local agency, but it is a private
entity that performs governmental functions. Under CPRA,
state and local agencies are required to provide public access
to books and records that are disclosable. (Gov. Code Sec.
6253.) Examples of holding private or non-profit
organizations subject to the CPRA include foundations
established by universities. Most recently, the CSU
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Stanislaus Foundation, a non-profit organization employing
primarily state employees, was held subject to the CPRA and
was required to produce documents regarding speaker fees in
connection with its 50th Anniversary Gala. Another example of
holding a private organization accountable to the CPRA is the
Port of Los Angeles. It operates as a private corporation and
is substantially autonomous from the City of Los Angeles.
However, the port of Los Angeles was created by a city charter
and performs services typical of a government entity.
CIF administers sports programs for public and private high
schools. Supervising students involved in sport activities
associated with public high schools is a function of the state
government. CIF is performing a governmental function since
it supervises public school sports programs. CIF qualifies as
an entity that is required to provide public access to
disclosable documents.
3. References to confidential information exemptions
At the request of CIF, the original bill was amended to provide
cross-references to exemptions for records which may be
privileged and protected from disclosure by the Family
Educational Rights and Privacy Act (FERPA) and the Health
Insurance Portability and Accountability Act (HIPAA). According
to CIF, the bill as introduced did not specify that confidential
documents were exempt from CPRA. CIF believes that parents will
not allow their children to be a part of interscholastic sports
out of a fear that medical and financial records of students and
parents required to be produced to CIF could end up in
third-party hands. CIF receives medical documents that are
otherwise protected from disclosure under HIPAA and confidential
documents that would otherwise be protected from disclosure
under FERPA. Because CIF is in the position of being a
third-party recipient of confidential information relating to
students and school district employees, CIF requests exemptions
the same as those given to school districts.
California Newspaper Publishers Association (CNPA), a supporter
of the bill, raises the concern that these cross-references make
the bill confusing and "potentially precludes public access to
information that may legitimately be disclosed under both the
CPRA and FERPA."
Under the terms of FERPA, when CIF receives medical records from
a physician or school district, CIF is restricted from providing
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this information to any other party without the written consent
of the parents of the student. (20 UCSC Sec.
1232g(b)(2)(4)(B).) CNPA argues that this exemption is
bootstrapped into CPRA which excludes the production of
personnel and medical records, as specified. (Gov. Code Sec.
6254(c).) Further, CPRA restricts public access to documents
that are otherwise privileged pursuant to any other federal or
state statute. (Gov. Code Sec. 6254(k).)
Under the terms of HIPAA, medical care providers, health care
clearinghouses, and health plans, including insurance companies,
are restricted from providing public access to electronic
patient medical records. (45 C.F.R. 164.501.) CNPA argues that
CIF does not provide medical services and is not a health care
clearinghouse or health plan, and therefore HIPAA does not
pertain to CIF.
In order to protect student and school employee privacy but
remove ambiguous cross-references to HIPAA and FERPA, the author
amended the bill to provide that CIF would have the same
exemptions under the CPRA as school districts.
Support : California Association for Health, Physical Education,
Recreation and Dance; California Newspaper Publishers
Association
Opposition : None Known
HISTORY
Source : Author
Related Pending Legislation : None Known
Prior Legislation : See Background.
Prior Vote :
Assembly Education Committee (Ayes 10, Noes 0)
Assembly Committee on Governmental Organization (Ayes 16, Noes
0)
Assembly Floor (Ayes 78, Noes 0)
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