BILL ANALYSIS �
AB 1937
Page 1
ASSEMBLY THIRD READING
AB 1937 (Silva)
As Amended April 30, 2012
Majority vote
EDUCATION 7-1 JUDICIARY 7-0
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|Ayes:|Brownley, Norby, Carter, |Ayes:|Feuer, Wagner, Atkins, |
| |Eng, Grove, Halderman, | |Dickinson, Gorell, Huber, |
| |Williams | |Jones |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Ammiano | | |
| | | | |
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SUMMARY : Permits a school district to release information from
pupil records to a contractor, consultant, or other party to
whom a local educational agency or institution has outsourced
institutional services or functions. Specifically, this bill :
1)Provides that a school district may release information from
pupil records to a contractor, consultant, or other party to
whom the district has outsourced institutional services or
functions, provided that the party complies with all of the
following:
a) Performs an institutional service or function for which
the agency or institution would otherwise use employees;
b) Is under the direct control of the agency or institution
with respect to the use and maintenance of institutional
records; and,
c) Uses the information only for purposes for which the
disclosure was made and does not disclose the information
to any other party without the prior written consent of the
parent or eligible pupil.
2)Requires districts to use reasonable methods to ensure that a
contractor, consultant, or other party obtains access only to
those educational records in which that party has a legitimate
educational interest. Specifies that a district that does not
use physical or technological access controls shall ensure
AB 1937
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that its administrative policy for controlling access to
educational records is effective and that it remains in
compliance with a legitimate educational interest.
3)Provides that access to records of students with exceptional
needs shall be subject to additional procedural safeguards, as
specified.
EXISTING LAW prohibits a school district from permitting access
to student records and information to any person without written
parental consent or pursuant to a judicial order, subject to the
following exceptions:
1)Access is required, for specified purposes, to:
a) School officials and employees of the district;
b) Officials and employees of other public schools or
school systems;
c) Specified federal officials;
d) Other state and local officials to the extent required
by state law;
e) Parents of a dependent pupil 18 years of age or older;
and,
f) Specified attorneys and law enforcement officials.
2)Access is permitted, for specified purposes, to:
a) Appropriate persons in connection with an emergency;
b) Financial aid agencies or organizations;
c) County election officials;
d) Accrediting associations;
e) Organizations conducting studies for, or on behalf of,
educational agencies or institutions; and,
AB 1937
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f) Officials and employees of private schools or school
systems.
Existing law prohibits outside parties from providing access to
any other outside party without prior parental consent. This
prohibition does not apply to access that is shared with other
persons within the educational institution, agency, or
organization, so long as those persons have a legitimate
interest in the information.
COMMENTS : This bill conforms California law to the federal
Family Educational Rights and Privacy Act (FERPA), which sets
minimum standards for protecting student records. FERPA permits
school districts to release information from student records to
contractors and consultants if the district determines the
contractor or consultant has a legitimate educational interest
in them. This bill amends state law to be consistent with the
provisions of FERPA. The bill is sponsored by the Orange County
Department of Education, which argues that there is a legitimate
need to provide student information to School Resource Officers
(SROs). SROs work with students and staff to maintain a safe
and secure school environment. Some SROs are employees of the
school district and, as employees, have access to pupil records
as needed. Other SROs are employees of law enforcement agencies
who work with school districts under contract, and do not have
such access under current state law.
Analysis Prepared by : Rick Pratt / ED. / (916) 319-2087
FN: 0003432