Pupil records: privacy: 3rd-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, pursuant to a policy adopted by its governing board or governing body, as appropriate, to enter into a contract with a 3rd 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 3rd party will take to ensure the security and confidentiality of pupil records, and a description of how the local educational agency and the 3rd party will jointly ensure compliance with the federal Family Educational Rights and Privacy Act. The bill would require that a contract that fails to comply with the requirements of this bill be rendered void if certain conditions are satisfied. 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 3rd party subject to that agreement until the expiration, amendment, or renewal of the agreement.