BILL NUMBER: AB 1584	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Buchanan

                        FEBRUARY 3, 2014

   An act to  amend Section 76242 of   add
Section 49073.1 to  the Education Code, relating to 
community colleges   pupil records  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1584, as amended, Buchanan.  Community colleges:
privacy of student records.   Pupil records: privacy:
third-party contracts: digital storage services and digital
educational software.  
   Existing law prohibits a school district from permitting access to
pupil records to any person without parental consent or without a
judicial order, except to specified persons under certain
circumstances, including to a contractor or consultant with a
legitimate educational interest who has a formal written agreement or
contract with the school district regarding the provision of
outsourced institutional services or functions by the contractor or
consultant.  
   This bill would authorize a local educational agency to enter into
a contract with a third party to provide services for the digital
storage, management, and retrieval of pupil records or to provide
digital educational software, or both. The bill would require the
contract to include specified provisions, including a statement that
the pupil records continue to be the property of and under the
control of the local educational agency, a description of the actions
the third party will take to ensure the security of the pupil
records, and a description of how the local educational agency and
the third party will jointly ensure compliance with specified federal
privacy acts.  
   The bill would provide that, if these provisions are in conflict
with the terms of a contract in effect before January 1, 2015, the
provisions shall not apply to the local educational agency or the
third party subject to that agreement until the expiration,
amendment, or renewal of the agreement.  
   Existing law establishes the California Community Colleges under
the administration of the Board of Governors of the California
Community Colleges. Existing law authorizes the establishment of
community college districts under the administration of community
college governing boards, and authorizes these districts to provide
instruction at community college campuses throughout the state.
 
   Existing law authorizes a community college district to permit
access to student records to any person for whom the student has
executed written consent specifying the records to be released and
identifying the party or class of parties to receive the records.
 
   This bill would make nonsubstantive changes to this access to
student records provision. 
   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 49073.1 is added to the 
 Education Code   , to read:  
   49073.1.  (a) A local educational agency may enter into a contract
with a third party for either or both of the following purposes:
   (1) To provide services, including cloud-based services, for the
digital storage, management, and retrieval of pupil records.
   (2) To provide digital educational software that authorizes a
third-party provider of digital educational software to access and
acquire pupil records.
   (b) A local educational agency that enters into a contract with a
third party for purposes of subdivision (a) shall ensure the contract
contains all of the following:
   (1) A statement that pupil records continue to be the property of
and under the control of the local educational agency.
   (2) A prohibition against the third party using information in
individual pupil records for commercial or advertising purposes.
   (3) A prohibition against the third party releasing any
information in a pupil record to any unauthorized individual or
entity without the prior written approval of the eligible pupil or
the pupil's parent or legal guardian.
   (4) A description of the procedures by which a parent, legal
guardian, or eligible pupil may review the pupil's records and
correct erroneous information.
   (5) A description of the actions the third party will take,
including the designation and training of responsible individuals, to
ensure the security of pupil records. Compliance with this
requirement shall not, in itself, absolve the third party of
liability in the event of an unauthorized disclosure of pupil
records.
   (6) The assignment of liability and the procedures for notifying
the affected parent, legal guardian, and eligible pupil in the event
of an unauthorized disclosure of the pupil's records.
   (7) A certification that a pupil's records shall not be retained
or available to the third party when that pupil is no longer enrolled
in the local educational agency and a description of how that
certification will be enforced.
   (8) A description of how the local educational agency and the
third party will jointly ensure compliance with the federal Family
Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and the
federal Children's Online Privacy Protection Act of 1998 (15 U.S.C.
Sec. 6501 et seq.) for all pupils, including pupils who are more than
13 years of age.
   (9) A contract that fails to comply with the requirements of this
subdivision shall be voidable and all pupil records in possession of
the third party shall be returned to the local educational agency.
   (c) For purposes of this section, the following terms have the
following meanings:
   (1) "Eligible pupil" means a pupil who has reached 18 years of
age.
   (2) "Local educational agency" includes school districts, county
offices of education, and charter schools.
   (3) "Third party" refers to a provider of digital educational
software or services, including cloud-based services, for the digital
storage, management, and retrieval of pupil records. 
   SEC. 2.    If the provisions of this section are in
conflict with the terms of a contract in effect before January 1,
2015, the provisions of this section shall not apply to the local
educational agency or the third party subject to that agreement until
the expiration, amendment, or renewal of the agreement. 

  SECTION 1.    Section 76242 of the Education Code
is amended to read:
   76242.  A community college district may permit access to student
records to any person for whom the student has executed written
consent specifying the records to be released and identifying the
party or class of parties to whom the records may be released. The
recipient must be notified that the transmission of the information
to others without the written consent of the student is prohibited.
The notice of consent shall be permanently kept with the record file.