AB 1442, as amended, Gatto. Pupil records: social media.
Existing law requires school districts to establish, maintain, and destroy pupil records according to regulations adopted by the State Board of Education.
This bill would, notwithstanding that provision, require a school district, county office of education, or charter school that considers a program to gather or maintain in its records any personal information obtained from social media, as defined, of any pupil enrolled in the school district, county office of education, or charter school to first notify pupils and their parents or guardians about the proposed program, and to provide an opportunity for public commentbegin insert at a regularly scheduled public meetingend insert before the adoption of the program. The bill would require a school district, county
office of education, or charter school that adopts a program pursuant tobegin delete this provisionend deletebegin insert these provisionsend insert to, among other things, gather and maintain only information that was made publicly accessible, as defined, provide a pupil with access to any personal information about the pupil obtained from social media, and to destroy the personal information gathered from social media and maintained in its records, as provided. If a school district, county office of education, or charter school contracts with a 3rd party to gather personal information from social media on an enrolled pupil, the bill would prohibit the use, sale, or sharing of the information by the 3rd party, and would provide additional restrictions on the destruction of the information by the 3rd party, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 49073.6 is added to the Education Code,
2to read:
(a) For purposes of this section, the following terms
4have the following meanings:
5(1) “Social media” means an electronic service or account, or
6electronic content, including, but not limited to, videos, still
7photographs, blogs, video blogs, podcasts, instant and text
8messages, email, online services or accounts, or Internet Web site
9profiles or locations.
10(2) (A) “Publicly accessible” means anything posted on social
11media or any other Internet Web site that is accessible to the
12general public.
13(B) “Publicly accessible” does not include anything posted on
14social media or any other Internet Web
site that is only accessible
15to a restricted group of persons.
16(b) Notwithstanding any other law or regulation, a school
17district, county office of education, or charter school that considers
18a program to gather or maintain in its records any personal
19information obtained from social media of any enrolled pupil shall
20notify pupils and their parents or guardians about the proposed
21program and provide an opportunity for public commentbegin insert at a
22regularly scheduled public meeting of the governing board of the
23school district or county office of education, or governing body of
24the charter school, as applicable,end insert
before the adoption of the
25program.begin insert The notification required by this subdivision may be
26provided as part of the notification required pursuant to Section
2748980.end insert
P3 1(c) Notwithstanding any other law or regulation, a school
2district, county office of education, or charter school that adopts
3a program pursuant to subdivision (b) shall do all of the following:
4(1) Gather or maintain only information that was made publicly
5accessible, which shall not include either of the following:
6(A) Information that the school district, county office of
7education, or charter school knows or has reason to believe was
8reposted or otherwise made publicly accessible by another party
9without the express consent of the
original author.
10(B) Any secondary information, including, but not limited to,
11geolocation information, derived from content posted to social
12media, unless that secondary information was intentionally made
13publicly accessible.
14(2) Provide a pupil with access to any personal information
15about the pupil gathered or maintained by the school district,
16county office of education, or charter school that was obtained
17from social media, and an opportunity to correct or delete
18information that was gathered or maintained in violation of
19paragraph (1).
20(3) (A) Destroy personal information gathered from social
21media and maintained in its records within one year after a pupil
22turns 18 years of age or within one year after the pupil is no longer
23enrolled in the school district, county office of education, or
charter
24school, whichever occurs first.
25(B) Notify each parent or guardian of a pupil subject to the
26program that the pupil’s personal information is being gathered
27from social media and that any information subject to this section
28maintained in the school district’s, countybegin insert officeend insert of education’s,
29or charter school’s records with regard to the pupil shall be
30destroyed in accordance with subparagraph (A).begin insert The notification
31required by this subparagraph may be provided as part of the
32notification required pursuant to Section 48980.end insert
33(C) If the school district, county office of education, or charter
34school contracts with a third party to gather personal information
35from
social media on an enrolled pupil, the contract shall do all of
36following:
37(i) Prohibit the third party from using the information for its
38own purposes.
P4 1(ii) Prohibit the third party from selling or sharing the
2information with any person or entity other than the school district,
3county office of education, or charter school.
4(iii) Require the third party to destroy the information
5immediately upon satisfying the terms of the contract, within one
6year after a pupil turns 18 years of age, or within one year after
7the pupil is no longer enrolled in the school district, county office
8of education, or charter school, whichever occurs first.
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