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