Pupil records: privacy rights.
Summary
Existing law prohibits a school district from permitting access to pupil records to a person without written parental consent or under judicial order, except to specified persons under certain circumstances. Existing law authorizes school districts to release information from pupil records to specified persons, including 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; agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid; county elections officials, for the purpose of identifying pupils eligible to register to vote; accrediting associations in order to carry out their accrediting functions; 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, or improving instruction; and officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll, subject to specified rights of parents. This bill would additionally allow a school district to release information from pupil records to a contractor, consultant, or other party to whom a local educational agency or institution has outsourced institutional services or functions if he or she performs an institutional service or function for which the local educational agency or institution would otherwise use employees, he or she is under the direct control of the local educational agency or institution with respect to the use and maintenance of educational records, and he or she may use the information only for purposes for which the disclosure was made, and is prohibited from disclosing the information to any other party without the prior written consent of the parent or eligible pupil. The bill would require a local educational agency or institution to use reasonable methods to ensure that the contractors, consultants, or other parties to whom information from pupil records is released under this bill obtain access only to those educational records in which they have a legitimate educational interest, as prescribed.
Bill status
failed
3 of 5 stages cleared
Introduction
Feb 2012
Committee Review
Jun 2012
Assembly Passage
May 2012
Senate Passage
Governor
Introduced Feb 22, 2012
Last action Jun 20, 2012
Floor votes · Assembly May 3, 2012
How they voted
47–6
Passed · 17 other
Total votes 70
May 3, 2012
D
Democratic44
50% Yea
R
Republican26
96% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
15
Key actions
5
Committee
5
Amendments
2
Jun 20, 2012
Upper · Passed
In committee: Set, second hearing. Hearing canceled at the request of author.
upper
May 17, 2012
Committee
Referred to Coms. on ED. and JUD.
upper
May 3, 2012
Assembly · Passed
Assembly Vote: pass (47-6-17)
assembly
Apr 26, 2012
Lower · Passed
From committee: Do pass as amended. (Ayes 7. Noes 0.) (April 24).
lower
Apr 11, 2012
Committee
Re-referred to Com. on JUD.
lower
Apr 9, 2012
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 1.) (March 28).
lower
Mar 8, 2012
Committee
Referred to Coms. on ED. and JUD.
lower
Feb 23, 2012
Lower · Passed
From printer. May be heard in committee March 24.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
JS
Jim Silva
RRepublican
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