California Assembly Bill AB1584 Amended / Bill

 BILL NUMBER: AB 1584AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 28, 2014 INTRODUCED BY Assembly Member Buchanan FEBRUARY 3, 2014 An act to  amend Section 76242 of   add Section 49073.1 to  the Education Code, relating to  community colleges   pupil records  . LEGISLATIVE COUNSEL'S DIGEST AB 1584, as amended, Buchanan.  Community colleges: privacy of student records.   Pupil records: privacy: third-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 to enter into a contract with a third party to provide services for the digital storage, management, and retrieval of pupil records 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 third party will take to ensure the security of the pupil records, and a description of how the local educational agency and the third party will jointly ensure compliance with specified federal privacy acts.   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 third party subject to that agreement until the expiration, amendment, or renewal of the agreement.   Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state.   Existing law authorizes a community college district to permit access to student records to any person for whom the student has executed written consent specifying the records to be released and identifying the party or class of parties to receive the records.   This bill would make nonsubstantive changes to this access to student records provision.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 49073.1 is added to the   Education Code   , to read:   49073.1. (a) A local educational agency may enter into a contract with a third party for either or both of the following purposes: (1) To provide services, including cloud-based services, for the digital storage, management, and retrieval of pupil records. (2) To provide digital educational software that authorizes a third-party provider of digital educational software to access and acquire pupil records. (b) A local educational agency that enters into a contract with a third party for purposes of subdivision (a) shall ensure the contract contains all of the following: (1) A statement that pupil records continue to be the property of and under the control of the local educational agency. (2) A prohibition against the third party using information in individual pupil records for commercial or advertising purposes. (3) A prohibition against the third party releasing any information in a pupil record to any unauthorized individual or entity without the prior written approval of the eligible pupil or the pupil's parent or legal guardian. (4) A description of the procedures by which a parent, legal guardian, or eligible pupil may review the pupil's records and correct erroneous information. (5) A description of the actions the third party will take, including the designation and training of responsible individuals, to ensure the security of pupil records. Compliance with this requirement shall not, in itself, absolve the third party of liability in the event of an unauthorized disclosure of pupil records. (6) The assignment of liability and the procedures for notifying the affected parent, legal guardian, and eligible pupil in the event of an unauthorized disclosure of the pupil's records. (7) A certification that a pupil's records shall not be retained or available to the third party when that pupil is no longer enrolled in the local educational agency and a description of how that certification will be enforced. (8) A description of how the local educational agency and the third party will jointly ensure compliance with the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and the federal Children's Online Privacy Protection Act of 1998 (15 U.S.C. Sec. 6501 et seq.) for all pupils, including pupils who are more than 13 years of age. (9) A contract that fails to comply with the requirements of this subdivision shall be voidable and all pupil records in possession of the third party shall be returned to the local educational agency. (c) For purposes of this section, the following terms have the following meanings: (1) "Eligible pupil" means a pupil who has reached 18 years of age. (2) "Local educational agency" includes school districts, county offices of education, and charter schools. (3) "Third party" refers to a provider of digital educational software or services, including cloud-based services, for the digital storage, management, and retrieval of pupil records.   SEC. 2.   If the provisions of this section are in conflict with the terms of a contract in effect before January 1, 2015, the provisions of this section shall not apply to the local educational agency or the third party subject to that agreement until the expiration, amendment, or renewal of the agreement.   SECTION 1.   Section 76242 of the Education Code is amended to read: 76242. A community college district may permit access to student records to any person for whom the student 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 student is prohibited. The notice of consent shall be permanently kept with the record file.