BILL NUMBER: AB 1584 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 3, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Buchanan
(Principal coauthor: Assembly Member Chau)
FEBRUARY 3, 2014
An act to add Section 49073.1 to the Education Code, relating to
pupil records.
LEGISLATIVE COUNSEL'S DIGEST
AB 1584, as amended, Buchanan. 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 , as
defined, to enter into a contract with a third party , as
defined, to provide services for the digital storage,
management, and retrieval of pupil records , as defined,
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.
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 personally
identifiable information in individual pupil records for
commercial or advertising purposes.
(3) A prohibition against the third party using any information in
the pupil record for any purpose other than for the requirements of
the contract.
(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 A
description of 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 upon
completion of the terms of the contract 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) "Personally identifiable information" means information that
may be used on its own or with other information to identify an
individual pupil.
(4) (A) "Pupil records" means both of the following:
(i) Any information directly related to a pupil that is maintained
by the local educational agency.
(ii) Any information acquired directly from the pupil through the
use of instructional software or applications assigned to the pupil
by a teacher or other local educational agency employee.
(B) "Pupil records" do not include records of teachers and school
administrators that are kept in their sole possession and not
revealed to any other individual except a substitute teacher.
(3)
(5) "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.
(d) 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.
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.