Amended in Senate August 22, 2014

Amended in Senate July 1, 2014

Amended in Senate June 5, 2014

Amended in Assembly May 1, 2014

Amended in Assembly April 7, 2014

Amended in Assembly March 25, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1442

Introduced by Assembly Member Gatto

(Coauthor: Assembly Member Gonzalez)

(Coauthor: Senator Lara)

January 6, 2014

An act to add Section 49073.6 to the Education Code, relating to pupil records.

LEGISLATIVE COUNSEL’S DIGEST

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 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 comment at a regularly scheduled public meeting 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 to these provisions to, among other things, gather and maintain only information that begin delete was made publicly accessible, as defined, end delete begin insert pertains directly to school safety or to pupil safety, end insert provide a pupil with access to any information about the pupil obtained from social media, and destroy the 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 information from social media on an enrolled pupil, the bill would prohibit the begin delete use, sale, or sharing of the information by the end delete 3rd begin delete party, end delete begin insert party from using the information for purposes other than to satisfy the terms of the contract, prohibit the 3rd party from selling or sharing the information with any person or entity, except as provided, end insert 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 1.  

Section 49073.6 is added to the Education Code,
to read:

49073.6.  

(a) For purposes of this section, the following terms
have the following meanings:

begin delete

(1) “Eligible pupil” means any pupil 18 years of age or older.

end delete begin delete

(2) “School purposes” means for purposes that (A) customarily
take place at the direction of a school, teacher, school district,
county office of education, or charter school, or (B) aid in the
administration of school activities, including, but not limited to,
instruction in the classroom or at home, administrative activities,
or collaboration between pupils, school personnel, and parents or
guardians.

end delete begin insert

(1) “Educational purposes” means for purposes that aid in
instruction in the classroom or at home, or in classroom
administration.

end insert begin delete

(3)

end delete

begin insert (2) end insert  (A) “Social media” means an electronic service or account,
or electronic content, including, but not limited to, videos, still
photographs, blogs, video blogs, podcasts, instant and text
messages, email, online services or accounts, or Internet Web site
profiles or locations.

(B) “Social media” shall not include an electronic service or
account used exclusively for begin delete school purposes. end delete begin insert educational purposes
or primarily to facilitate creation of school-sponsored publications,
such as a yearbook or pupil newspaper, under the direction or
control of a school, teacher, or yearbook adviser. end insert

begin delete

(4) (A) “Publicly accessible” means anything posted on social
media or any other Internet Web site that is accessible to the
general public.

(B) “Publicly accessible” shall not include anything posted on
social media or any other Internet Web site that is only accessible
to a restricted group of persons.

end delete

(b) Notwithstanding any other law or regulation, a school
district, county office of education, or charter school that considers
a program to gather or maintain in its records any information
obtained from social media of any enrolled pupil shall notify pupils
and their parents or guardians about the proposed program and
provide an opportunity for public comment at a regularly scheduled
public meeting of the governing board of the school district or
county office of education, or governing body of the charter school,
as applicable, before the adoption of the program. The notification
required by this subdivision may be provided as part of the
notification required pursuant to Section 48980.

(c) Notwithstanding begin delete any other law or regulation, end delete begin insert Section 49062, end insert
a school district, county office of education, or charter school that
adopts a program pursuant to subdivision (b) shall do all of the
following:

(1) Gather or maintain only information that begin delete was made publicly
accessible, which shall not include either of the following: end delete begin insert pertains
directly to school safety or to pupil safety. end insert

begin delete

(A) Information that the school district, county office of
education, or charter school knows or has reason to believe was
reposted or otherwise made publicly accessible by another party
without the express consent of the original author.

(B) Any secondary information, including, but not limited to,
geolocation information, derived from content posted to social
media, unless that secondary information was intentionally made
publicly accessible or unless the school district, county office of
education, or charter school has obtained consent from an eligible
pupil or a parent or guardian.

end delete

(2) Provide a pupil with access to any information about the
pupil gathered or maintained by the school district, county office
of education, or charter school that was obtained from social media,
and an opportunity to correct or delete such information.

(3) (A) Destroy information gathered from social media and
maintained in its records within one year after a pupil turns 18
years of age or within one year after the pupil is no longer enrolled
in the school district, county office of education, or charter school,
whichever occurs first.

(B) Notify each parent or guardian of a pupil subject to the
program that the pupil’s information is being gathered from social
media and that any information subject to this section maintained
in the school district’s, county office of education’s, or charter
school’s records with regard to the pupil shall be destroyed in
accordance with subparagraph (A). The notification required by
this subparagraph may be provided as part of the notification
required pursuant to Section 48980. The notification shall include,
but is not limited to, all of the following:

(i) An explanation of the process by which a pupil or a pupil’s
parent or guardian may access the pupil’s records for examination
of the information gathered or maintained pursuant to this section.

(ii) An explanation of the process by which a pupil or a pupil’s
parent or guardian may request the removal of information or make
corrections to information gathered or maintained pursuant to this
section.

(C) If the school district, county office of education, or charter
school contracts with a third party to gather information from social
media on an enrolled pupil, begin insert require end insert the contract begin delete shall end delete begin insert to end insert do all of
the following:

(i) Prohibit the third party from using the information for begin delete its
own purposes. end delete begin insert purposes other than to satisfy the terms of the
contract. end insert

(ii) Prohibit the third party from selling or sharing the
information with any person or entity other than the school district,
county office of education, begin delete or end delete charter begin delete school. end delete begin insert school, or the pupil
or his or her parent or guardian. end insert

begin delete

(iii) Require the third party to destroy the information
immediately upon satisfying the terms of the contract, within one
year after a pupil turns 18 years of age, or within one year after
the pupil is no longer enrolled in the school district, county office
of education, or charter school, whichever occurs first.

end delete begin insert

(iii) Require the third party to destroy the information
immediately upon satisfying the terms of the contract.

end insert begin insert

(iv) Require the third party, upon notice and a reasonable
opportunity to act, to destroy information pertaining to a pupil
when the pupil turns 18 years of age or is no longer enrolled in
the school district, county office of education, or charter school,
whichever occurs first. The school district, county office of
education, or charter school shall provide notice to the third party
when a pupil turns 18 years of age or is no longer enrolled in the
school district, county office of education, or charter school. Notice
provided pursuant to this clause shall not be used for any other
purpose.

end insert