Amended IN Senate April 08, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 391Introduced by Senator LairdFebruary 14, 2025 An act to add Section 71094.5 to the Education Code, relating to community colleges.LEGISLATIVE COUNSEL'S DIGESTSB 391, as amended, Laird. Community colleges: Chancellor of the California Community Colleges: data request fee policy.Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges as one segment of public postsecondary education in the state. Under existing law, the board of governors appoints a chief executive officer, who is known as the Chancellor of the California Community Colleges.This bill would authorize the chancellor to implement a data request fee policy for researchers applying for access to individually identifiable data or student data, or both. If a data request fee policy is implemented, the bill would require the policy to be reviewed and approved by the board of governors, revised periodically, and made publicly available and posted in a prominent location on the chancellors internet website. website, and comply with applicable federal and state privacy laws, as provided. The bill would prohibit fees or charges from being imposed on a state entity, except as provided, or on an undergraduate or graduate student seeking data for the students individual studies.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 71094.5 is added to the Education Code, to read:71094.5. (a) (1) The Chancellor of the California Community Colleges may implement a data request fee policy for researchers applying for access to individually identifiable data or student data, or both.(2) A data request fee policy implemented pursuant to this section shall be reviewed adhere to both of the following requirements:(A) Be reviewed and approved by the Board of Governors of the California Community Colleges, revised periodically, and made publicly available and posted in a prominent location on the chancellors internet website.(B) Comply with applicable federal and state laws to protect individual privacy, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and Section 1798.24 of the Civil Code.(b) Fees or charges imposed upon an applicant pursuant to this section shall compensate for significant data compilation, extraction, or programming use of the data system to recover costs that would otherwise typically be borne by the requesting data researcher, or both.(c) Fees or charges shall not be imposed pursuant to this section upon either of the following:(1) A 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 State Department of Education.(2) An undergraduate or graduate student seeking data for the students individual studies.
Amended IN Senate April 08, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 391Introduced by Senator LairdFebruary 14, 2025 An act to add Section 71094.5 to the Education Code, relating to community colleges.LEGISLATIVE COUNSEL'S DIGESTSB 391, as amended, Laird. Community colleges: Chancellor of the California Community Colleges: data request fee policy.Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges as one segment of public postsecondary education in the state. Under existing law, the board of governors appoints a chief executive officer, who is known as the Chancellor of the California Community Colleges.This bill would authorize the chancellor to implement a data request fee policy for researchers applying for access to individually identifiable data or student data, or both. If a data request fee policy is implemented, the bill would require the policy to be reviewed and approved by the board of governors, revised periodically, and made publicly available and posted in a prominent location on the chancellors internet website. website, and comply with applicable federal and state privacy laws, as provided. The bill would prohibit fees or charges from being imposed on a state entity, except as provided, or on an undergraduate or graduate student seeking data for the students individual studies.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate April 08, 2025
Amended IN Senate April 08, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 391
Introduced by Senator LairdFebruary 14, 2025
Introduced by Senator Laird
February 14, 2025
An act to add Section 71094.5 to the Education Code, relating to community colleges.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 391, as amended, Laird. Community colleges: Chancellor of the California Community Colleges: data request fee policy.
Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges as one segment of public postsecondary education in the state. Under existing law, the board of governors appoints a chief executive officer, who is known as the Chancellor of the California Community Colleges.This bill would authorize the chancellor to implement a data request fee policy for researchers applying for access to individually identifiable data or student data, or both. If a data request fee policy is implemented, the bill would require the policy to be reviewed and approved by the board of governors, revised periodically, and made publicly available and posted in a prominent location on the chancellors internet website. website, and comply with applicable federal and state privacy laws, as provided. The bill would prohibit fees or charges from being imposed on a state entity, except as provided, or on an undergraduate or graduate student seeking data for the students individual studies.
Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges as one segment of public postsecondary education in the state. Under existing law, the board of governors appoints a chief executive officer, who is known as the Chancellor of the California Community Colleges.
This bill would authorize the chancellor to implement a data request fee policy for researchers applying for access to individually identifiable data or student data, or both. If a data request fee policy is implemented, the bill would require the policy to be reviewed and approved by the board of governors, revised periodically, and made publicly available and posted in a prominent location on the chancellors internet website. website, and comply with applicable federal and state privacy laws, as provided. The bill would prohibit fees or charges from being imposed on a state entity, except as provided, or on an undergraduate or graduate student seeking data for the students individual studies.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 71094.5 is added to the Education Code, to read:71094.5. (a) (1) The Chancellor of the California Community Colleges may implement a data request fee policy for researchers applying for access to individually identifiable data or student data, or both.(2) A data request fee policy implemented pursuant to this section shall be reviewed adhere to both of the following requirements:(A) Be reviewed and approved by the Board of Governors of the California Community Colleges, revised periodically, and made publicly available and posted in a prominent location on the chancellors internet website.(B) Comply with applicable federal and state laws to protect individual privacy, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and Section 1798.24 of the Civil Code.(b) Fees or charges imposed upon an applicant pursuant to this section shall compensate for significant data compilation, extraction, or programming use of the data system to recover costs that would otherwise typically be borne by the requesting data researcher, or both.(c) Fees or charges shall not be imposed pursuant to this section upon either of the following:(1) A 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 State Department of Education.(2) An undergraduate or graduate student seeking data for the students individual studies.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 71094.5 is added to the Education Code, to read:71094.5. (a) (1) The Chancellor of the California Community Colleges may implement a data request fee policy for researchers applying for access to individually identifiable data or student data, or both.(2) A data request fee policy implemented pursuant to this section shall be reviewed adhere to both of the following requirements:(A) Be reviewed and approved by the Board of Governors of the California Community Colleges, revised periodically, and made publicly available and posted in a prominent location on the chancellors internet website.(B) Comply with applicable federal and state laws to protect individual privacy, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and Section 1798.24 of the Civil Code.(b) Fees or charges imposed upon an applicant pursuant to this section shall compensate for significant data compilation, extraction, or programming use of the data system to recover costs that would otherwise typically be borne by the requesting data researcher, or both.(c) Fees or charges shall not be imposed pursuant to this section upon either of the following:(1) A 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 State Department of Education.(2) An undergraduate or graduate student seeking data for the students individual studies.
SECTION 1. Section 71094.5 is added to the Education Code, to read:
### SECTION 1.
71094.5. (a) (1) The Chancellor of the California Community Colleges may implement a data request fee policy for researchers applying for access to individually identifiable data or student data, or both.(2) A data request fee policy implemented pursuant to this section shall be reviewed adhere to both of the following requirements:(A) Be reviewed and approved by the Board of Governors of the California Community Colleges, revised periodically, and made publicly available and posted in a prominent location on the chancellors internet website.(B) Comply with applicable federal and state laws to protect individual privacy, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and Section 1798.24 of the Civil Code.(b) Fees or charges imposed upon an applicant pursuant to this section shall compensate for significant data compilation, extraction, or programming use of the data system to recover costs that would otherwise typically be borne by the requesting data researcher, or both.(c) Fees or charges shall not be imposed pursuant to this section upon either of the following:(1) A 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 State Department of Education.(2) An undergraduate or graduate student seeking data for the students individual studies.
71094.5. (a) (1) The Chancellor of the California Community Colleges may implement a data request fee policy for researchers applying for access to individually identifiable data or student data, or both.(2) A data request fee policy implemented pursuant to this section shall be reviewed adhere to both of the following requirements:(A) Be reviewed and approved by the Board of Governors of the California Community Colleges, revised periodically, and made publicly available and posted in a prominent location on the chancellors internet website.(B) Comply with applicable federal and state laws to protect individual privacy, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and Section 1798.24 of the Civil Code.(b) Fees or charges imposed upon an applicant pursuant to this section shall compensate for significant data compilation, extraction, or programming use of the data system to recover costs that would otherwise typically be borne by the requesting data researcher, or both.(c) Fees or charges shall not be imposed pursuant to this section upon either of the following:(1) A 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 State Department of Education.(2) An undergraduate or graduate student seeking data for the students individual studies.
71094.5. (a) (1) The Chancellor of the California Community Colleges may implement a data request fee policy for researchers applying for access to individually identifiable data or student data, or both.(2) A data request fee policy implemented pursuant to this section shall be reviewed adhere to both of the following requirements:(A) Be reviewed and approved by the Board of Governors of the California Community Colleges, revised periodically, and made publicly available and posted in a prominent location on the chancellors internet website.(B) Comply with applicable federal and state laws to protect individual privacy, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and Section 1798.24 of the Civil Code.(b) Fees or charges imposed upon an applicant pursuant to this section shall compensate for significant data compilation, extraction, or programming use of the data system to recover costs that would otherwise typically be borne by the requesting data researcher, or both.(c) Fees or charges shall not be imposed pursuant to this section upon either of the following:(1) A 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 State Department of Education.(2) An undergraduate or graduate student seeking data for the students individual studies.
71094.5. (a) (1) The Chancellor of the California Community Colleges may implement a data request fee policy for researchers applying for access to individually identifiable data or student data, or both.
(2) A data request fee policy implemented pursuant to this section shall be reviewed adhere to both of the following requirements:
(A) Be reviewed and approved by the Board of Governors of the California Community Colleges, revised periodically, and made publicly available and posted in a prominent location on the chancellors internet website.
(B) Comply with applicable federal and state laws to protect individual privacy, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and Section 1798.24 of the Civil Code.
(b) Fees or charges imposed upon an applicant pursuant to this section shall compensate for significant data compilation, extraction, or programming use of the data system to recover costs that would otherwise typically be borne by the requesting data researcher, or both.
(c) Fees or charges shall not be imposed pursuant to this section upon either of the following:
(1) A 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 State Department of Education.
(2) An undergraduate or graduate student seeking data for the students individual studies.