2009 California Education Code - Section 49073-49079.7 :: Article 5. Privacy Of Pupil Records

EDUCATION CODE
SECTION 49073-49079.7

49073.  School districts shall adopt a policy identifying those
categories of directory information as defined in subdivision (c) of
Section 49061 that may be released. The district shall determine
which individuals, officials, or organizations may receive directory
information. However, no information may be released to a private
profitmaking entity other than employers, prospective employers, and
representatives of the news media, including, but not limited to,
newspapers, magazines, and radio and television stations. The names
and addresses of pupils enrolled in grade 12 or who have terminated
enrollment prior to graduation may be provided to a private school or
college operating under Chapter 7 (commencing with Section 94700) of
Part 59 or its authorized representative. However, no such private
school or college shall use that information for other than purposes
directly related to the academic or professional goals of the
institution, and any violation of this provision is a misdemeanor,
punishable by a fine of not to exceed two thousand five hundred
dollars ($2,500). In addition, the privilege of the school or college
to receive the information shall be suspended for a period of two
years from the time of discovery of the misuse of the information.
Any district may limit or deny the release of specific categories of
directory information to any public or private nonprofit organization
based upon a determination of the best interests of pupils.
   Directory information may be released according to local policy as
to any pupil or former pupil. However, notice shall be given at
least on an annual basis of the categories of information that the
school plans to release and of the recipients. No directory
information shall be released regarding any pupil if a parent has
notified the school district that the information shall not be
released.
   This section shall become operative on January 1, 1997.

49073.5.  (a) It is the intent of the Legislature that a school
district, in adopting a policy pursuant to Section 49073 governing
the release of pupil directory information, not purposefully exclude
any military services representative from access to that information.
   (b) It is further the intent of the Legislature, in the interest
of pupil confidentiality, that school districts minimize the release
of pupil telephone numbers in the absence of express parental
consent. The Legislature finds and declares that the nondisclosure of
pupil telephone numbers will reduce the possibility of harassment of
pupils and their families by organizations that receive pupil
directory information.

49074.  Nothing in this chapter shall preclude a school district
from providing, in its discretion, statistical data from which no
pupil may be identified to any public agency or entity or private
nonprofit college, university, or educational research and
development organization when such actions would be in the best
educational interests of pupils.

49075.  (a) A school district may permit access to pupil records to
any person for whom a parent of the pupil 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 parent is prohibited.
The consent notice shall be permanently kept with the record file.
   (b) Notwithstanding subdivision (a), school lunch applications and
information shared pursuant to Section 49557.2 shall be retained by
any school district in the manner most useful to the administration
of the school lunch program.

49076.  A school district is not authorized to permit access to
pupil records to any person without written parental consent or under
judicial order except that:
   (a) Access to those particular records relevant to the legitimate
educational interests of the requester shall be permitted to the
following:
   (1) School officials and employees of the district, members of a
school attendance review board appointed pursuant to Section 48321,
and any volunteer aide, 18 years of age or older, who has been
investigated, selected, and trained by a school attendance review
board for the purpose of providing followup services to pupils
referred to the school attendance review board, provided that the
person has a legitimate educational interest to inspect a record.
   (2) Officials and employees of other public schools or school
systems, including local, county, or state correctional facilities
where educational programs leading to high school graduation are
provided or where the pupil intends to or is directed to enroll,
subject to the rights of parents as provided in Section 49068.
   (3) Authorized representatives of the Comptroller General of the
United States, the Secretary of Education, and administrative head of
an education agency, state education officials, or their respective
designees, or the United States Office of Civil Rights, where the
information is necessary to audit or evaluate a state or federally
supported education program or pursuant to a federal or state law,
provided that except when collection of personally identifiable
information is specifically authorized by federal law, any data
collected by those officials shall be protected in a manner which
will not permit the personal identification of pupils or their
parents by other than those officials, and any personally
identifiable data shall be destroyed when no longer needed for the
audit, evaluation, and enforcement of federal legal requirements.
   (4) Other state and local officials to the extent that information
is specifically required to be reported pursuant to state law
adopted prior to November 19, 1974.
   (5) Parents of a pupil 18 years of age or older who is a dependent
as defined in Section 152 of the Internal Revenue Code of 1954.
   (6) A pupil 16 years of age or older or having completed the 10th
grade who requests access.
   (7) Any district attorney who is participating in or conducting a
truancy mediation program pursuant to Section 48263.5, or Section
601.3 of the Welfare and Institutions Code, or participating in the
presentation of evidence in a truancy petition pursuant to Section
681 of the Welfare and Institutions Code.
   (8) A prosecuting agency for consideration against a parent or
guardian for failure to comply with the Compulsory Education Law
(Chapter 2 (commencing with Section 48200) of Part 27) or with
Compulsory Continuation Education (Chapter 3 (commencing with Section
48400) of Part 27).
   (9) Any probation officer or district attorney for the purposes of
conducting a criminal investigation or an investigation in regards
to declaring a person a ward of the court or involving a violation of
a condition of probation.
   (10) Any judge or probation officer for the purpose of conducting
a truancy mediation program for a pupil, or for purposes of
presenting evidence in a truancy petition pursuant to Section 681 of
the Welfare and Institutions Code. The judge or probation officer
shall certify in writing to the school district that the information
will be used only for truancy purposes. A school district releasing
pupil information to a judge or probation officer pursuant to this
paragraph shall inform, or provide written notification to, the
parent or guardian of the pupil within 24 hours of the release of the
information.
   (11) Any county placing agency for the purpose of fulfilling the
requirements of the health and education summary required pursuant to
Section 16010 of the Welfare and Institutions Code or for the
purpose of fulfilling educational case management responsibilities
required by the juvenile court or by law and to assist with the
school transfer or enrollment of a pupil. School districts, county
offices of education, and county placing agencies may develop
cooperative agreements to facilitate confidential access to and
exchange of the pupil information by electronic mail, facsimile,
electronic format, or other secure means.
   (b) School districts may release information from pupil records to
the following:
   (1) Appropriate persons in connection with an emergency if the
knowledge of the information is necessary to protect the health or
safety of a pupil or other persons.
   (2) Agencies or organizations in connection with the application
of a pupil for, or receipt of, financial aid. However, information
permitting the personal identification of a pupil or his or her
parents may be disclosed only as may be necessary for purposes as to
determine the eligibility of the pupil for financial aid, to
determine the amount of the financial aid, to determine the
conditions which will be imposed regarding the financial aid, or to
enforce the terms or conditions of the financial aid.
   (3) The county elections official, for the purpose of identifying
pupils eligible to register to vote, and for conducting programs to
offer pupils an opportunity to register to vote. The information,
however, shall not be used for any other purpose or given or
transferred to any other person or agency.
   (4) Accrediting associations in order to carry out their
accrediting functions.
   (5) Organizations conducting studies for, or on behalf of,
educational agencies or institutions for the purpose of developing,
validating, or administering predictive tests, administering student
aid programs, and improving instruction, if the studies are conducted
in a manner that will not permit the personal identification of
pupils or their parents by persons other than representatives of the
organizations and the information will be destroyed when no longer
needed for the purpose for which it is obtained.
   (6) Officials and employees of private schools or school systems
where the pupil is enrolled or intends to enroll, subject to the
rights of parents as provided in Section 49068. This information
shall be in addition to the pupil's permanent record transferred
pursuant to Section 49068.
   A person, persons, agency, or organization permitted access to
pupil records pursuant to this section may not permit access to any
information obtained from those records by any other person, persons,
agency, or organization, except for allowable exceptions contained
within the Family Educational Rights and Privacy Act of 2001 (20
U.S.C. Sec. 1232g) and state law, without the written consent of the
pupil's parent. However, this paragraph does not require prior
parental consent when information obtained pursuant to this section
is shared with other persons within the educational institution,
agency, or organization obtaining access, so long as those persons
have a legitimate interest in the information.
   (c) Notwithstanding any other provision of law, any school
district, including any county office of education or superintendent
of schools, may participate in an interagency data information system
that permits access to a computerized database system within and
between governmental agencies or districts as to information or
records which are nonprivileged, and where release is authorized as
to the requesting agency under state or federal law or regulation, if
each of the following requirements are met:
   (1) Each agency and school district shall develop security
procedures or devices by which unauthorized personnel cannot access
data contained in the system.
   (2) Each agency and school district shall develop procedures or
devices to secure privileged or confidential data from unauthorized
disclosure.
   (3) Each school district shall comply with the access log
requirements of Section 49064.
   (4) The right of access granted shall not include the right to
add, delete, or alter data without the written permission of the
agency holding the data.
   (5) An agency or school district may not make public or otherwise
release information on an individual contained in the database where
the information is protected from disclosure or release as to the
requesting agency by state or federal law or regulation.

49076.5.  (a) Notwithstanding Section 49076, each school district
shall release any information it has specific to a particular pupil's
identity and location that relates to the transfer of that pupil's
records to another school district within this state or any other
state or to a private school in this state to a designated peace
officer, upon his or her request, when a proper police purpose exists
for the use of that information.
   (b) In order to protect the privacy interests of the pupil, a
request to a school district for pupil record information pursuant to
this section shall meet the following requirements:
   (1) For the purposes of this section "proper police purpose" means
that probable cause exists that the pupil has been kidnapped and
that his or her abductor may have enrolled the pupil in a school and
that the agency has begun an active investigation.
   (2) Only designated peace officers and federal criminal
investigators and federal law enforcement officers, as defined in
Section 830.1 of the Penal Code, whose names have been submitted to
the school district in writing by a law enforcement agency, may
request and receive the information specified in subdivision (a).
Each law enforcement agency shall ensure that each school district
has at all times a current list of the names of designated peace
officers authorized to request pupil record information.
   (3) This section does not authorize designated peace officers to
obtain any pupil record information other than that authorized by
this section.
   (4) The law enforcement agency requesting the information shall
ensure that at no time shall any information obtained pursuant to
this section be disclosed or used for any purpose other than to
assist in the investigation of suspected criminal conduct of
kidnapping. A violation of this paragraph shall be punishable as a
misdemeanor.
   (5) The designated peace officer requesting information authorized
for release by this section shall make a record on a form created
and maintained by the law enforcement agency which shall include the
name of the pupil about whom the inquiry was made, the consent of a
parent having legal custody of the pupil or a legal guardian, the
name of the officer making the inquiry, the date of the inquiry, the
name of the school district, the school district employee to whom the
request was made, and the information that was requested.
   (6) Whenever the designated peace officer requesting information
authorized for release by this section does so in person, by
telephone, or by some means other than in writing, the officer shall
provide the school district with a letter confirming the request for
pupil record information prior to any release of information.
   (7) No school district, or official or employee thereof, shall be
subject to criminal or civil liability for the release of pupil
record information in good faith as authorized by this section.

49077.  Information concerning a student shall be furnished in
compliance with a court order or a lawfully issued subpoena. The
school district shall make a reasonable effort to notify the parent
or legal guardian and the pupil in advance of compliance with a
lawfully issued subpoena and, in the case of compliance with a court
order, if lawfully possible within the requirements of the order.

49078.  The service of a lawfully issued subpoena or a court order
upon a public school employee solely for the purpose of causing him
or her to produce a school record pertaining to any pupil may be
complied with by that employee, in lieu of the personal appearance as
a witness in the proceeding, by submitting to the court, or other
agency, or person designated in the subpoena, at the time and place
required by the subpoena or court order, a copy of that record,
accompanied by an affidavit certifying that the copy is a true copy
of the original record on file in the school or school office. The
copy of the record shall be in the form of a photostat, microfilm,
microcard, or miniature photograph or other photographic copy or
reproduction, or an enlargement thereof.

49079.  (a) A school district shall inform the teacher of each pupil
who has engaged in, or is reasonably suspected to have engaged in,
any of the acts described in any of the subdivisions, except
subdivision (h), of Section 48900 or in Section 48900.2, 48900.3,
48900.4, or 48900.7 that the pupil engaged in, or is reasonably
suspected to have engaged in, those acts. The district shall provide
the information to the teacher based upon any records that the
district maintains in its ordinary course of business, or receives
from a law enforcement agency, regarding a pupil described in this
section.
   (b) A school district, or school district officer or employee, is
not civilly or criminally liable for providing information under this
section unless it is proven that the information was false and that
the district or district officer or employee knew or should have
known that the information was false, or the information was provided
with a reckless disregard for its truth or falsity.
   (c) An officer or employee of a school district who knowingly
fails to provide information about a pupil who has engaged in, or who
is reasonably suspected to have engaged in, the acts referred to in
subdivision (a) is guilty of a misdemeanor, which is punishable by
confinement in the county jail for a period not to exceed six months,
or by a fine not to exceed one thousand dollars ($1,000), or both.
   (d) For the 1994-95 school year, the information provided shall be
from the previous two school years. For the 1996-97 school year and
each school year thereafter, the information provided shall be from
the previous three school years.
   (e) Any information received by a teacher pursuant to this section
shall be received in confidence for the limited purpose for which it
was provided and shall not be further disseminated by the teacher.

49079.5.  The Legislature recognizes that a longitudinal pupil data
system provides direct and tangible benefits to pupils, educators,
policymakers, and the public. The Legislature intends to make
statewide longitudinal education data accessible to, and used to
inform and engage, authorized stakeholders in an effort to support
the continuous improvement of instruction, operations, management,
and resource allocation, and in a manner that complies with all
federal and state privacy laws. The Legislature intends to make
statewide longitudinal education data available and accessible to
researchers so they may evaluate the effectiveness of instructional
materials, strategies, and approaches for educating different types
of pupils in a manner that complies with federal and state privacy
laws, including, but not limited to, the Family Educational Rights
and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) (FERPA). It is the
intent of the Legislature, in enacting this section, to accomplish
all of the following:
   (a) Comply with the United States Constitution and all applicable
federal laws, including FERPA and its implementing regulations (34
C.F.R. 99).
   (b) Comply with the California Constitution and all applicable
state laws and their implementing regulations, including, but not
limited to, Section 1798.24 of the Civil Code.
   (c) Further an environment in which the department and the
California Longitudinal Pupil Achievement Data System (CALPADS) serve
as resources for local educational agencies.
   (d) Promote a culture of continuous improvement through
collaboration and informed decisionmaking at the classroom, school,
district, state, and policymaker level.
   (e) Minimize the anticipated workload increase on the department
that may be generated by an increased number of data requests as
CALPADS becomes operational, by establishing clear guidance on data
access and an efficient process for responding to requests for
access.
   (f) Pursuant to FERPA and as defined in Section 1798.24 of the
Civil Code, make pupil data available to qualified researchers from
nonprofit organizations while appropriately protecting the privacy of
individual pupils.

49079.6.  (a) Commencing on July 1, 2010, and to the extent
permissible under FERPA and its implementing regulations and Section
1798.24 of the Civil Code, the department may act on behalf of local
educational agencies under FERPA, including providing access to and
protecting the security of pupil data.
   (b) Commencing on July 1, 2010, and to the extent permissible
under FERPA and its implementing regulations, the department, on
behalf of local educational agencies, may release pupil data to
qualified researchers from nonprofit entities, pursuant to
subdivision (t) of Section 1798.24 of the Civil Code.
   (c) No earlier than July 1, 2010, the department shall establish
an education data team within its staff to act as an institutional
review board, whose composition and policies and procedures shall be
in compliance with Part 46 of Title 45 of the Code of Federal
Regulations, pursuant to subdivision (t) of Section 1798.24 of the
Civil Code, and to review and respond to all requests for pupil data.
The department, to the extent feasible, shall redirect department
personnel for the purposes of the education data team rather than
establish new positions.
   (1) Pursuant to subdivision (t) of Section 1798.24 of the Civil
Code, the education data team shall enter into a signed agreement
with the Committee for the Protection of Human Subjects for the
California Health and Human Services Agency to enable the education
data team to provide the data security approvals required by Section
1798.24 of the Civil Code. The agreement shall authorize the
education data team to release individually identifiable data to
qualified researchers and other state and local agencies, as defined
and permitted under federal and state law.
   (2) The department shall commence preparations for the creation of
the education data team upon enactment of the measure that adds this
section.
   (3) By July 1, 2010, the department shall develop appropriate
policies and procedures for the education data team that shall
include, but not be limited to, all of the following:
   (A) Processes for all of the following:
   (i) Application for access to data.
   (ii) Response to applications for access to data, including
timelines.
   (iii) Appeal of denials for access to data.
   (iv) Recording disclosure or redisclosure of personally
identifiable information, pursuant to FERPA.
   (B) Criteria to be used for approving the release of data,
including, but not limited to, all of the following:
   (i) The release of data to researchers from nonprofit
organizations, pursuant to FERPA and subdivision (t) of Section
1798.24 of the Civil Code, that are conducting research for the
purpose of improving instruction to pupils.
   (ii) Limitations on data released, including, but not limited to,
releasing to researchers only data necessary to meet research
objectives.
   (iii) The release of data from the department to another state
educational agency with valid legal authority to conduct audit,
evaluation, compliance, or enforcement analysis of educational
materials, programs, outcomes, or activities, pursuant to FERPA and
state law.
   (C) (i) Any reasonable fees or charges that may be imposed upon
research applicants to cover costs of responding to time-intensive
requests.
   (ii) Fees or charges imposed upon an applicant pursuant to this
subparagraph shall not exceed the actual costs incurred by the
department in responding to the applicant's request.
   (iii) Fees or charges shall not be imposed pursuant to this
subparagraph upon any state agency, except for fees or charges
related to the release of data for research purposes to the
University of California, the California State University, or the
Chancellor of the California Community Colleges.
   (D) Rules for data recipients regarding data control and
destruction of data after use, to guard against any misuse of data,
including third-party transfer.
   (E) A written agreement that conforms to state and federal privacy
and disclosure laws and regulations, and existing laws regarding
data control and security, that shall be signed by any organization
receiving data to conduct a study.
   (d) A local educational agency may access data via CALPADS
concerning pupils enrolled within the local educational agency or
concerning pupils who intend or are directed to enroll, subject to
the rights of parents as provided in Section 49068, within one local
educational agency.
   (e) In order to promote a culture of collaboration and data
analysis and to increase the identification and sharing of effective
practices, local educational agencies may share data with each other
via CALPADS to the extent permissible under federal and state law.
   (f) The department is responsible for data management decisions
for the data under its jurisdiction. The department, rather than a
local educational agency, shall be liable for its decisions relating
to the management of data under its control according to applicable
provisions of law. If the department and a local educational agency
participate jointly in the management of data, both the department
and the local educational agency shall be liable to the extent of
their respective involvement according to applicable provisions of
law. This subdivision does not limit the liability of a researcher
who obtains data pursuant to this section and who releases that data
in violation of either FERPA or its implementing regulations, or
subdivision (t) of Section 1798.24 of the Civil Code.
   (g) The department shall perform the duties specified in this
section with its existing resources.
   (h) This section shall remain in effect only until July 1, 2013,
and as of January 1, 2014, is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
   (i) It is the intent of the Legislature that, prior to extending
or repealing the dates specified in subdivision (h), the appropriate
policy committees of each house shall review and consider both of the
following:
   (1) Changes in federal law related to access to pupil data,
including, but not limited to, the reauthorization of the federal
Elementary and Secondary Education Act (20 U.S.C. Sec. 6301) and
changes in FERPA.
   (2) Any recommendations made by the working group convened
pursuant to Section 2 of Chapter 561 of the Statutes of 2008.

49079.7.  (a) Notwithstanding paragraph (3) of subdivision (c) of
Section 49079.6, the department shall impose reasonable fees or
charges upon researchers applying for access to individually
identifiable data, in order to cover costs of responding to
time-intensive request.
   (b) Fees or charges imposed upon an applicant pursuant to this
section shall equal the actual costs incurred by the department in
responding to the applicant's request.
   (c) Fees or charges shall not be imposed pursuant to this section
upon any state agency, except for fees or charges related to the
release of data for research purposes to the University of
California, the California State University, or the Chancellor of the
California Community Colleges.



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