Privacy: electronic communications: exclusions: local educational agencies.

Existing law, the Electronic Communications Privacy Act, prohibits a government entity, as defined, from compelling the production of, or access to, electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, or subpoena issued pursuant to specified conditions, except for emergency situations, as defined. That law also specifies the conditions under which a government entity may access electronic device information by means of physical interaction or electronic communication with the device, such as pursuant to a search warrant, wiretap order, or consent of the owner of the device. This bill would additionally specify that a government entity may access electronic device information by means of physical interaction or electronic communication with the device where the owner or authorized possessor of the device is a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, and the government entity seeking access to the device is a local educational agency, as defined, or an individual authorized to act for or on behalf of a local educational agency seeking a pupil's electronic device information or a pupil's electronic communication information when investigating alleged or suspected pupil misconduct pursuant to specified provisions.