(1)Existing law authorizes school districts to release pupil directory information, as specified, and defines directory information as one or more prescribed items, including, among others, a pupils name, address, telephone number, and date of birth.

This bill would prohibit the inclusion of directory information, as defined, and personal information, as defined, of a pupil or of the parent or guardian of a pupil in the minutes of a meeting of the governing body, as defined, of a local educational agency, as defined, if a pupil who is 18 years of age or older or a parent or guardian of a pupil has provided a written request to the secretary or clerk of the governing body to exclude his or her personal information or the name of his or her minor child, as specified. To the extent the bill would add to the duties of local educational agencies, it would impose a state-mandated local program.

(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1)Existing law authorizes school districts to release pupil directory information, as specified, and defines directory information as one or more prescribed items, including, among others, a pupils name, address, telephone number, and date of birth.

This bill would prohibit the inclusion of directory information, as defined, and personal information, as defined, of a pupil or of the parent or guardian of a pupil in the minutes of a meeting of the governing body, as defined, of a local educational agency, as defined, if a pupil who is 18 years of age or older or a parent or guardian of a pupil has provided a written request to the secretary or clerk of the governing body to exclude his or her personal information or the name of his or her minor child, as specified. To the extent the bill would add to the duties of local educational agencies, it would impose a state-mandated local program.

(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1)Existing law authorizes school districts to release pupil directory information, as specified, and defines directory information as one or more prescribed items, including, among others, a pupils name, address, telephone number, and date of birth.

This bill would prohibit the release inclusion of directory information, as defined, and personal information, as defined, of a pupil or of the parent or guardian of a pupil in the minutes of a meeting of the governing body, as defined, of a local educational agency, as defined, if a pupil who is 18 years of age or older or a parent or guardian of a pupil has provided a written request to the secretary or clerk of the governing body to exclude his or her personal information or the name of his or her minor child, as specified. To the extent the bill would add to the duties of local educational agencies, it would impose a state-mandated local program.

(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1)Existing law authorizes school districts to release pupil directory information, as specified, and defines directory information as one or more prescribed items, including, among others, a pupils name, address, telephone number, and date of birth.

This bill would prohibit the release of directory information, as defined, and personal information, as defined, of a pupil or of the parent or guardian of a pupil in the minutes of a meeting of the governing body, as defined, of a local educational agency, as defined, except with written permission, if a pupil or a parent or guardian of a pupil has provided a written request to the secretary or clerk of the governing body to exclude his or her personal information or the name of his or her minor child, as specified. To the extent the bill would add to the duties of local educational agencies, it would impose a state-mandated local program.

(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1)Existing law authorizes school districts to release pupil directory information, as specified, and defines directory information as one or more prescribed items, including, among others, a pupils name, address, telephone number, and date of birth.

This bill would prohibit the release of directory information and the personal information of a parent, as defined, in a school boards meeting minutes, except information, as defined, and personal information, as defined, of a pupil or of the parent or guardian of a pupil in the minutes of a meeting of the governing body, as defined, of a local educational agency, as defined, except with written permission, as specified. To the extent the bill would add to the duties of school districts, local educational agencies, it would impose a state-mandated local program.

(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1)Existing law authorizes school districts to release pupil directory information, as specified, and defines directory information as one or more prescribed items, including, among others, a pupils name, address, telephone number, and date of birth.

This bill would prohibit the release of directory information, information and the personal information of a parent, as defined, in a school boards meeting minutes, except as specified. To the extent the bill would add to the duties of school districts, it would impose a state-mandated local program.

(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1)Existing law authorizes school districts to release pupil directory information, as specified, and defines directory information as one or more prescribed items, including, among others, a pupils name, address, telephone number, and date of birth.

This bill would prohibit the release of directory information, except as specified. To the extent the bill would add to the duties of school districts, it would impose a state-mandated local program.

(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

 UNFINISHED BUSINESS  

Bill No: SB 1036

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 5-0, 3/21/18

AYES: Allen, Wilk, Galgiani, Leyva, Pan

NO VOTE RECORDED: Vidak

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 38-0, 4/23/18

AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk

NO VOTE RECORDED: Morrell

ASSEMBLY FLOOR: Not available

SUBJECT: Local educational agencies: minutes of meetings of governing bodies: inclusion of directory information and personal information of pupils and parents or guardians of pupils

SOURCE: Author

DIGEST:

This bill prohibits a local educational agency from including the directory information or the personal information of a student or of a parent in the minutes of a meeting of its governing body.

Assembly Amendments

provide that this bill is not intended to affect the public’s right of access to information pursuant to any other law, and make technical changes.

ANALYSIS:

Existing federal law, the federal Family Educational Rights and Privacy Act (FERPA):

1. Prohibits federal funds from being provided to any educational agency or institution which has a policy or practice of permitting the release of a pupil’s educational records to any individual, agency, or organization without the written consent of the pupil’s parents.
2. Exempts from the general parental consent requirement certain kinds of disclosures, including disclosures to state and local officials for the purposes of conducting truancy proceedings, a criminal investigation, auditing or evaluating an educational program, or in relation to the application for financial aid. (United States Code, Title 20, Section 1232g and Code of Federal Regulations, Title 34, Sections 99.31)

Existing state law:

1. Defines “directory information” as one or more of the following items:
   1. Student’s name.
   2. Student’s address.
   3. Student’s telephone number.
   4. Student’s date of birth.
   5. Student’s email address.
   6. Student’s major field of study.
   7. Student’s participation in officially recognized activities and sports.
   8. Weight and height of members of athletic teams.
   9. Student’s dates of attendance.
   10. Degrees and awards received by the student.
   11. The most recent previous public or private school attended by the student. (Education Code § 49061)
2. Requires school districts to adopt a policy identifying categories of directory information that may be released, and requires the school districts to determine which individuals, officials, or organizations may receive directory information. (EC § 49073)
3. Prohibits directory information from being released regarding a student if a parent of that student has notified the school district that the information shall not be released. Existing law prohibits directory information from being released regarding a student identified as homeless, unless specified conditions are met. (EC § 49073)
4. Prohibits any information from being released to a private profitmaking entity other than employers, prospective employers, and representatives of the news media (including newspapers, magazines, and radio and television stations). (EC § 49073)
5. Prohibits a school district from permitting access to pupil records to a person without parental consent or under judicial order, with some exceptions:
   1. School districts are required to permit access to records relevant to the legitimate educational interests of specified requesters, including:
      1. School officials and employees of the districts, members of a school attendance review board and any volunteer aide (as specified), provided that the person has a legitimate educational interest to inspect a record.
      2. Officials and employees of other public schools or school systems where the pupil intends to or is directed to enroll.
      3. Other federal, state and local officials as specified.
      4. Parents of a pupil 18 years of age or older who is a dependent.
      5. A pupil 16 years of age or older or having completed the 10^th grade who requests access.
      6. A district attorney, judge or probation officer, in relation to truancy proceedings.
      7. A district attorney’s office for consideration against a parent for failure to comply with compulsory education laws.
      8. A probation officer, district attorney, or counsel of record for a minor, in relation to a criminal investigation or in regard to declaring a person a ward of the court or involving a violation of a condition of probation.
      9. A county placing agency when acting as an authorized representative of a state or local educational agency.
   2. School districts are authorized to release information from pupil records to the following:
      1. Appropriate persons in connection with an emergency if the information is necessary to protect the health or safety of a pupil or other person.
      2. Agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid.
      3. The county elections official for the identification of pupils who are eligible to register to vote.
      4. Accrediting associations in order to carry out accrediting functions.
      5. Organizations conducting studies on behalf of educational agencies or institutions for the purpose of developing, validating or administering predictive tests, administering student aid programs, and improving instruction.
      6. Officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll.
      7. 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. (EC § 49076)
6. Requires school districts to notify parents in writing of their rights, including the types of student records kept by the district, the position of the official responsible for the records, the policies for reviewing and expunging records, and the criteria used by the district to define “school officials and employees” and to determine “legitimate educational interest.” (EC § 49063)

This bill:

1. Prohibits a local educational agency from including the directory information or the personal information of a student or of a parent in the minutes of a meeting of its governing body except as required by judicial order or federal law, if a student, who is 18 years or older, or parent has provided a written request to the governing body.
2. Provides that this bill is not intended to affect the public’s right of access to information pursuant to any other law.
3. Includes the following definitions:
   1. “Directory information” has the same meaning as defining in subdivision (c) of EC Section 49061 (one or more of the following items: student’s name, address, telephone number, date of birth, email address, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous public or private school attended by the student).
   2. “Governing body” includes charter school governing bodies, county boards of education, and school district governing boards.
   3. “Local educational agency” includes charter schools, county offices of education, and school districts.
   4. “Personal information” includes a person’s address, telephone number, date of birth, and email address.

Comments

Need for the bill. According to the author, “Current California and Federal laws allow for the publishing and release of personal information such as full names, home addresses, telephone numbers, etcetera by California school boards in the minutes of their board meetings. This release of information has led to troubling issues in our school communities. Primarily, the release of information, or potential thereof, can have the effect of suppressing participation and dissent. On controversial issues before the board, some students, parents, guardians or relatives feel the release of their home address for instance, presents the potential for harm or other harassment based on their testimony during the meeting. Additionally, it has been applied selectively with some persons’ information released and others’ not. This has led to the perception that the release of personal information may be employed in a manner leading to intimidation on the part of the individual school board during instances where they receive unfavorable testimony from members of the school community.”

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Assembly Appropriations Committee, this bill imposes negligible costs to LEAs to process requests to exclude directory or personal information and to exclude this information from meeting minutes. If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.

SUPPORT: (Verified 8/21/18)

None received

OPPOSITION: (Verified 8/21/18)

None received

Prepared by:

8/31/18 13:33:25

**** END ****

SENATE THIRD READING

STR Bill Id:SB 1036

Author:(Wilk)

As Amended Ver:August 20, 2018

Majority vote

SENATE VOTE: 38-0

SUMMARY: Prohibits a local education agency (LEA) from including the directory information or the personal information of a pupil or of a parent or guardian of a pupil in the minutes of a meeting of its governing body, if the pupil, parent, or guardian requests in writing that it not be included. Specifically, this bill:

1. Prohibits an LEA from including the directory information or the personal information of a pupil or of a parent or guardian of a pupil in the minutes of a meeting of its governing body, if a pupil who is 18 years of age or older, or a parent or guardian of a pupil has provided a written request to the secretary or clerk of the governing body to exclude his or her personal information or the name of his or her minor child from the minutes of a meeting of the governing body.
2. Defines "directory information" to mean one or more of the following items: pupil's name, address, telephone number, date of birth, email address, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous public or private school attended by the pupil.
3. Defines "governing body" to include charter school governing bodies, county boards of education, and school district governing boards.
4. Defines "local educational agency" to include charter schools, county offices of education, and school districts.
5. Defines "personal information" in include a person's address, telephone number, date of birth, and email address.
6. Provides that its provisions are not intended to affect the public's right of access to information pursuant to any other law.

EXISTING LAW: State and federal law govern the terms and conditions under which information in pupils records may be disclosed. Specifically, existing law:

1. Requires LEAs to adopt a policy identifying those categories of directory information as defined in Education Code Section 49061(c) that may be released.
2. Prohibits the release of any pupil information to a private profitmaking entity other than employers, prospective employers, and representatives of the news media, including, but not limited to, newspapers, magazines, and radio and television stations.
3. Requires LEAs to provide an annual notice of what directory information will be released and to whom, and to give parents and guardians the opportunity to opt their pupils out of any release.
4. Prohibits the release of non-directory information without the prior written approval of a parent or guardian, except in the following cases:
   1. Requires the release of records relevant to the legitimate educational interests of specified requesters, including:
      1. School officials and employees of the districts, members of a school attendance review board and any volunteer aide (as specified), provided that the person has a legitimate educational interest to inspect a record;
      2. Officials and employees of other public schools or school systems where the pupil intends to or is directed to enroll;
      3. Other federal, state and local officials, as specified;
      4. Parents of a pupil 18 years of age or older who is a dependent;
      5. A pupil 16 years of age or older or having completed the 10th grade who requests access;
      6. A district attorney, judge or probation officer, in relation to truancy proceedings;
      7. A district attorney's office for consideration against a parent for failure to comply with compulsory education laws;
      8. A probation officer, district attorney, or counsel of record for a minor, in relation to a criminal investigation or in regard to declaring a person a ward of the court or involving a violation of a condition of probation; and
      9. A county placing agency when acting as an authorized representative of a state or local educational agency.
   2. Authorizes the release of records to the following:
      1. Appropriate persons in connection with an emergency if the information is necessary to protect the health or safety of a pupil or other person;
      2. Agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid;
      3. The county elections official for the identification of pupils who are eligible to register to vote;
      4. Accrediting associations in order to carry out accrediting functions;
      5. Organizations conducting studies on behalf of educational agencies or institutions for the purpose of developing, validating or administering predictive tests, administering student aid programs, and improving instruction;
      6. Officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll; and
      7. 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.

FISCAL EFFECT: According to the Assembly Appropriations Committee: Negligible costs to LEAs to process requests to exclude directory or personal information and to exclude this information from meeting minutes. If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.

COMMENTS: Information contained in pupil records is protected by state and federal law. Federal protections are contained in the Federal Educational Rights and Privacy Act (FERPA), and apply to any educational institution that receives federal funding. State law generally conforms to FERPA. In general, school districts may not disclose personally identifying information in a pupil's record without the prior written consent of the pupil's parent or guardian. However, directory information may be disclosed without prior written approval unless the parent or guardian has requested in advance that it not be. LEAs must inform parents and guardians of their right to opt out of disclosure at the beginning of each school year.

Reason for this bill. According to the author, "Current California and Federal laws allow for the publishing and release of personal information such as full names, home addresses, telephone numbers, et cetera by California school boards in the minutes of their board meetings. This release of information has led to troubling issues in our school communities. Primarily, the release of information, or potential thereof, can have the effect of suppressing participation and dissent. On controversial issues before the board, some students, parents, guardians or relatives feel the release of their home address for instance, presents the potential for harm or other harassment based on their testimony during the meeting. Additionally, it has been applied selectively with some persons' information released and others' not. This has led to the perception that the release of personal information may be employed in a manner leading to intimidation on the part of the individual school board during instances where they receive unfavorable testimony from members of the school community."

The author's office provided a single example of this involving a constituent who raised concerns at a public board meeting about an assigned reading book that she believed contained racially offensive content. The name of the constituent and her daughter were printed in the minutes of the meeting. The constituent perceived that as a retaliatory action and felt intimidated.

Public meetings are public. Public meetings are, by definition and law, public. Members of the public that speak at a public government meeting—whether of a school board, city council, or legislative committee—are routinely asked to provide their names and affiliations for the record. Accordingly, there can be no expectation of anonymity.

At the same time, state and federal law give parents the right to opt out of the disclosure of all information in their students' records, including directory information. Specifically, LEAs are required to provide parents with an opt out signature form at the beginning of each school year. It is questionable whether this protection applies to parents and students who disclose their own names at a public meeting, even if a form was signed.

Given the nature of public meetings, excluding names from meeting minutes is not a guarantee of anonymity. The names of speakers can be obtained from other meeting participants and attendees, other written reports, and video or audio tape recordings.

Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087 FN: 0004042

SENATE THIRD READING

STR Bill Id:SB 1036

Author:(Wilk)

As Amended Ver:June 20, 2018

Majority vote

SENATE VOTE: 38-0

SUMMARY: Prohibits a local education agency (LEA) from releasing the directory information or the personal information, as defined, of a pupil or of a parent or guardian of a pupil in the minutes of a meeting of its governing body if a pupil or a parent or guardian of a pupil has provided a written request to the governing body.

FISCAL EFFECT: According to the Assembly Appropriations Committee, negligible costs to LEAs to process requests to exclude directory or personal information and to exclude this information from meeting minutes. If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.

Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087 FN: 0004069

Date of Hearing: August 8, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 1036

Author:(Wilk) – As Amended Ver:June 20, 2018

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill prohibits a local education agency (LEA) from releasing the directory information or the personal information of a pupil or of a parent or guardian of a pupil in the minutes of a meeting of its governing body if a pupil or a parent or guardian of a pupil has provided a written request to the governing body.

FISCAL EFFECT:

Negligible costs to LEAs to process requests to exclude directory or personal information and to exclude this information from meeting minutes. If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.

COMMENTS:

1. Purpose. The author's office provided an example involving a constituent who raised concerns at a public school board meeting and later perceived retaliatory action and felt intimidated.
2. Staff Comments. Given the nature of public meetings, excluding names from meeting minutes is not a guarantee of anonymity. The names of speakers can be obtained from other meeting participants and attendees, other written reports, and video or audio tape recordings.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: June 13, 2018

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

SBPCA Bill Id:SB 1036

Author:(Wilk) – As Amended Ver:April 3, 2018

SENATE VOTE: 38-0

SUBJECT: Local educational agencies: minutes of meetings of governing bodies: release of directory information and personal information of pupils and parents or guardians of pupils

SUMMARY: Prohibits a local education agency (LEA) from releasing the directory information or the personal information of a pupil or of a parent or guardian of a pupil in the minutes of a meeting of its governing body, except as specified. Specifically, this bill:

1. Prohibits a local education (LEA) from releasing the directory information or the personal information of a pupil or of a parent or guardian of a pupil in the minutes of a meeting of its governing body, except as required by judicial order or federal law or unless written permission has been provided by a pupil or parent or guardian who is 18 years of age or older.
2. Defines "directory information" to mean one or more of the following items: pupil’s name, address, telephone number, date of birth, email address, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous public or private school attended by the pupil.
3. Defines "governing body" to include charter school governing bodies, county boards of education, and school district governing boards.
4. Defines "local educational agency" to include charter schools, county offices of education, and school districts.
5. Defines "personal information" in include a person’s address, telephone number, date of birth, and email address.

EXISTING LAW: State and federal law govern the terms and conditions under which information in pupils records may be disclosed. Specifically, existing law:

1. Requires LEAs to adopt a policy identifying those categories of directory information as defined in subdivision (c) of Section 49061 that may be released.
2. Prohibits the release of any pupil information to a private profitmaking entity other than employers, prospective employers, and representatives of the news media, including, but not limited to, newspapers, magazines, and radio and television stations.
3. Requires LEAs to provide an annual notice of what directory information will be released and to whom, and to give parents and guardians the opportunity to opt their pupils out of any release.
4. Prohibits the release of non-directory information without the prior written approval of a parent or guardian, except in the following cases:
   1. Requires the release of records relevant to the legitimate educational interests of specified requesters, including:
      1. School officials and employees of the districts, members of a school attendance review board and any volunteer aide (as specified), provided that the person has a legitimate educational interest to inspect a record;
      2. Officials and employees of other public schools or school systems where the pupil intends to or is directed to enroll;
      3. Other federal, state and local officials, as specified;
      4. Parents of a pupil 18 years of age or older who is a dependent;
      5. A pupil 16 years of age or older or having completed the 10^th grade who requests access;
      6. A district attorney, judge or probation officer, in relation to truancy proceedings;
      7. A district attorney’s office for consideration against a parent for failure to comply with compulsory education laws;
      8. A probation officer, district attorney, or counsel of record for a minor, in relation to a criminal investigation or in regard to declaring a person a ward of the court or involving a violation of a condition of probation; and
      9. A county placing agency when acting as an authorized representative of a state or local educational agency.
   2. Authorizes the release of records to the following:
      1. Appropriate persons in connection with an emergency if the information is necessary to protect the health or safety of a pupil or other person;
      2. Agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid;
      3. The county elections official for the identification of pupils who are eligible to register to vote;
      4. Accrediting associations in order to carry out accrediting functions;
      5. Organizations conducting studies on behalf of educational agencies or institutions for the purpose of developing, validating or administering predictive tests, administering student aid programs, and improving instruction;
      6. Officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll; and
      7. 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.
         

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS: Information contained in pupil records is protected by state and federal law. Federal protections are contained in the Federal Educational Rights and Privacy Act (FERPA), and apply to any educational institution that receives federal funding. State law generally conforms to FERPA. In general, school districts may not disclose personally identifying information in a pupil's record without the prior written consent of the pupil's parent or guardian. However, directory information may be disclosed without prior written approval unless the parent or guardian has requested in advance that it not be. LEAs must inform parents and guardians of their right to opt out of disclosure at the beginning of each school year.

Reason for this bill. According to the author, “Current California and Federal laws allow for the publishing and release of personal information such as full names, home addresses, telephone numbers, et cetera by California school boards in the minutes of their board meetings. This release of information has led to troubling issues in our school communities. Primarily, the release of information, or potential thereof, can have the effect of suppressing participation and dissent. On controversial issues before the board, some students, parents, guardians or relatives feel the release of their home address for instance, presents the potential for harm or other harassment based on their testimony during the meeting. Additionally, it has been applied selectively with some persons’ information released and others’ not. This has led to the perception that the release of personal information may be employed in a manner leading to intimidation on the part of the individual school board during instances where they receive unfavorable testimony from members of the school community.”

The author's office provided a single example of this involving a constituent who raised concerns at a public board meeting about an assigned reading book that she believed contained racially offensive content. The name of the constituent and her daughter were printed in the minutes of the meeting. The constituent perceived that as a retaliatory action and felt intimidated.

Public meetings are public. Public meetings are, by definition and law, public. Members of the public that speak at a public government meeting—whether of a school board, city council, or legislative committee—are routinely asked to provide their names and affiliations for the record. Accordingly, there can be no expectation of anonymity.

At the same time, state and federal law give parents the right to opt out of the disclosure of all information in their students' records, including directory information. Specifically, LEAs are required to provide parents with an opt out signature form at the beginning of each school year. It is questionable whether this protection applies to parents and students who disclose their own names at a public meeting, even if a form was signed.

Given the nature of public meetings, excluding names from meeting minutes is not a guarantee of anonymity. The names of speakers can be obtained from other meeting participants and attendees, other written reports, and video or audio tape recordings.

Meeting minutes can disclose names for many reasons. The minutes of school board meetings may contain the names of all members of the public who publicly spoke, although according to the California School Boards Association (CSBA) that is rare. More typically, minutes may simply note that "x members of the public" spoke on a specific agenda item.

However, the names of parents or students may appear in meeting minutes for other reasons, such as to publicly recognize parents for volunteer activities or to identify and give positive recognition to students for extraordinary academic, athletic, or extracurricular achievements. The need to collect prior written approval may create enough of an administrative and recordkeeping hurdle to discourage such activities.

Accordingly, to be consistent with existing state and federal opt out provisions, and to achieve the objective of the author in a less administratively burdensome way, staff recommends that the bill be amended to provide an opt out, rather than an opt in requirement. Specifically, instead of requiring parents to provide prior written approval to include their names in meeting minutes (opt in), require LEAs to give them the opportunity to request that their names not be included in the minutes (opt out). According to CSBA, an opt out requirement would be less burdensome to administer while still giving parents the right to remain anonymous.

REGISTERED SUPPORT / OPPOSITION:

Support

None received

Opposition

None received

Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087

 THIRD READING  

Bill No: SB 1036

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 5-0, 3/21/18

AYES: Allen, Wilk, Galgiani, Leyva, Pan

NO VOTE RECORDED: Vidak

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Local educational agencies: minutes of meetings of governing bodies: release of directory information and personal information of pupils and parents or guardians of pupils

SOURCE: Author

DIGEST:

This bill prohibits a local educational agency from releasing the directory information or the personal information of a student or of a parent in the minutes of a meeting of its governing body.

ANALYSIS:

Existing federal law, the federal Family Educational Rights and Privacy Act (FERPA):

1. Prohibits federal funds from being provided to any educational agency or institution which has a policy or practice of permitting the release of a pupil’s educational records to any individual, agency, or organization without the written consent of the pupil’s parents.
2. Exempts from the general parental consent requirement certain kinds of disclosures, including disclosures to state and local officials for the purposes of conducting truancy proceedings, a criminal investigation, auditing or evaluating an educational program, or in relation to the application for financial aid. (United States Code, Title 20, Section 1232g and Code of Federal Regulations, Title 34, Sections 99.31)

Existing state law:

1. Defines “directory information” as one or more of the following items:
   1. Student’s name.
   2. Student’s address.
   3. Student’s telephone number.
   4. Student’s date of birth.
   5. Student’s email address.
   6. Student’s major field of study.
   7. Student’s participation in officially recognized activities and sports.
   8. Weight and height of members of athletic teams.
   9. Student’s dates of attendance.
   10. Degrees and awards received by the student.
   11. The most recent previous public or private school attended by the student. (Education Code § 49061)
2. Requires school districts to adopt a policy identifying categories of directory information that may be released, and requires the school districts to determine which individuals, officials, or organizations may receive directory information. (EC § 49073)
3. Prohibits directory information from being released regarding a student if a parent of that student has notified the school district that the information shall not be released. Existing law prohibits directory information from being released regarding a student identified as homeless, unless specified conditions are met. (EC § 49073)
4. Prohibits any information from being released to a private profitmaking entity other than employers, prospective employers, and representatives of the news media (including newspapers, magazines, and radio and television stations). (EC § 49073)
5. Prohibits a school district from permitting access to pupil records to a person without parental consent or under judicial order, with some exceptions:
   1. School districts are required to permit access to records relevant to the legitimate educational interests of specified requesters, including:
      1. School officials and employees of the districts, members of a school attendance review board and any volunteer aide (as specified), provided that the person has a legitimate educational interest to inspect a record.
      2. Officials and employees of other public schools or school systems where the pupil intends to or is directed to enroll.
      3. Other federal, state and local officials as specified.
      4. Parents of a pupil 18 years of age or older who is a dependent.
      5. A pupil 16 years of age or older or having completed the 10^th grade who requests access.
      6. A district attorney, judge or probation officer, in relation to truancy proceedings.
      7. A district attorney’s office for consideration against a parent for failure to comply with compulsory education laws.
      8. A probation officer, district attorney, or counsel of record for a minor, in relation to a criminal investigation or in regard to declaring a person a ward of the court or involving a violation of a condition of probation.
      9. A county placing agency when acting as an authorized representative of a state or local educational agency.
   2. School districts are authorized to release information from pupil records to the following:
      1. Appropriate persons in connection with an emergency if the information is necessary to protect the health or safety of a pupil or other person.
      2. Agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid.
      3. The county elections official for the identification of pupils who are eligible to register to vote.
      4. Accrediting associations in order to carry out accrediting functions.
      5. Organizations conducting studies on behalf of educational agencies or institutions for the purpose of developing, validating or administering predictive tests, administering student aid programs, and improving instruction.
      6. Officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll.
      7. 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.
         (EC § 49076)
6. Requires school districts to notify parents in writing of their rights, including the types of student records kept by the district, the position of the official responsible for the records, the policies for reviewing and expunging records, and the criteria used by the district to define “school officials and employees” and to determine “legitimate educational interest.”
   (EC § 49063)

This bill:

1. Prohibits a local educational agency from releasing the directory information or the personal information of a student or of a parent in the minutes of a meeting of its governing body except as required by judicial order or federal law and pursuant to #2 below.
2. Authorizes a student who is 18 years of age or older, or a parent or guardian, to provide written permission to the secretary or clerk of the governing body to include his or her personal information or the name of his or her minor child to be included in the minutes of a meeting of the governing body.
3. Includes the following definitions:
   1. “Directory information” has the same meaning as defining in subdivision (c) of EC Section 49061 (one or more of the following items: student’s name, address, telephone number, date of birth, email address, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous public or private school attended by the student).
   2. “Governing body” includes charter school governing bodies, county boards of education, and school district governing boards.
   3. “Local educational agency” includes charter schools, county offices of education, and school districts.
   4. “Personal information” includes a person’s address, telephone number, date of birth, and email address.

Comments

Need for the bill. According to the author, “Current California and Federal laws allow for the publishing and release of personal information such as full names, home addresses, telephone numbers, etcetera by California school boards in the minutes of their board meetings. This release of information has led to troubling issues in our school communities. Primarily, the release of information, or potential thereof, can have the effect of suppressing participation and dissent. On controversial issues before the board, some students, parents, guardians or relatives feel the release of their home address for instance, presents the potential for harm or other harassment based on their testimony during the meeting. Additionally, it has been applied selectively with some persons’ information released and others’ not. This has led to the perception that the release of personal information may be employed in a manner leading to intimidation on the part of the individual school board during instances where they receive unfavorable testimony from members of the school community.”

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 4/13/18)

None received

OPPOSITION: (Verified 4/13/18)

None received

Prepared by:

4/23/18 13:49:02

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SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: SB 1036 Hearing Date: March 21, 2018

Subject: Pupil records: directory information

SUMMARY

This bill prohibits a school district from releasing the directory information or the personal information of a parent in the minutes of a school board meeting, except as required by judicial order or federal law.

BACKGROUND

Existing federal law, the federal Family Educational Rights and Privacy Act (FERPA), prohibits federal funds from being provided to any educational agency or institution which has a policy or practice of permitting the release of a pupil’s educational records to any individual, agency, or organization without the written consent of the pupil’s parents. FERPA exempts from the general parental consent requirement certain kinds of disclosures, including disclosures to state and local officials for the purposes of conducting truancy proceedings, a criminal investigation, auditing or evaluating an educational program, or in relation to the application for financial aid. (United States Code, Title 20, Section 1232g and Code of Federal Regulations, Title 34, Sections 99.31)

Existing state law:

1. Defines “directory information” as one or more of the following items:
   
   1. Student’s name.
   2. Student’s address.
   3. Student’s telephone number.
   4. Student’s date of birth.
   5. Student’s email address.
   6. Student’s major field of study.
   7. Student’s participation in officially recognized activities and sports.
   8. Weight and height of members of athletic teams.
   9. Student’s dates of attendance.
   10. Degrees and awards received by the student.
   11. The most recent previous public or private school attended by the student. (Education Code § 49061)
       
2. Requires school districts to adopt a policy identifying categories of directory information that may be released, and requires the school districts to determine

which individuals, officials, or organizations may receive directory information. (Education Code § 49073)

1. Prohibits directory information from being released regarding a student if a parent of that student has notified the school district that the information shall not be released. Existing law prohibits directory information from being released regarding a student identified as homeless, unless specified conditions are met. (EC § 49073)
   
2. Prohibits any information from being released to a private profitmaking entity other than employers, prospective employers, and representatives of the news media (including newspapers, magazines, and radio and television stations). (EC § 49073)
   
3. Prohibits a school district from permitting access to pupil records to a person without parental consent or under judicial order, with some exceptions:
   
   1. School districts are required to permit access to records relevant to the legitimate educational interests of specified requesters, including:
      
      1. School officials and employees of the districts, members of a school attendance review board and any volunteer aide (as specified), provided that the person has a legitimate educational interest to inspect a record.
         
      2. Officials and employees of other public schools or school systems where the pupil intends to or is directed to enroll.
         
      3. Other federal, state and local officials as specified.
         
      4. Parents of a pupil 18 years of age or older who is a dependent.
         
      5. A pupil 16 years of age or older or having completed the 10^th grade who requests access.
         
      6. A district attorney, judge or probation officer, in relation to truancy proceedings.
         
      7. A district attorney’s office for consideration against a parent for failure to comply with compulsory education laws.
         
      8. A probation officer, district attorney, or counsel of record for a minor, in relation to a criminal investigation or in regard to declaring a person a ward of the court or involving a violation of a condition of probation.
         
      9. A county placing agency when acting as an authorized representative of a state or local educational agency.
         
   2. School districts are authorized to release information from pupil records to the following:
      
      1. Appropriate persons in connection with an emergency if the information is necessary to protect the health or safety of a pupil or other person.
         
      2. Agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid.
         
      3. The county elections official for the identification of pupils who are eligible to register to vote.
         
      4. Accrediting associations in order to carry out accrediting functions.
         
      5. Organizations conducting studies on behalf of educational agencies or institutions for the purpose of developing, validating or administering predictive tests, administering student aid programs, and improving instruction.
         
      6. Officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll.
         
      7. 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. (EC § 49076)
         
4. Requires school districts to notify parents in writing of their rights, including the types of student records kept by the district, the position of the official responsible for the records, the policies for reviewing and expunging records, and the criteria used by the district to define “school officials and employees” and to determine “legitimate educational interest.” (EC § 49063)

ANALYSIS

This bill prohibits a school district from releasing the directory information or the personal information of a parent in the minutes of a school board meeting, except as required by judicial order or federal law.

STAFF COMMENTS

1. Need for the bill. According to the author, “Current California and Federal laws allow for the publishing and release of personal information such as full names, home addresses, telephone numbers, etcetera by California school boards in the minutes of their board meetings. This release of information has led to troubling issues in our school communities. Primarily, the release of information, or potential thereof, can have the effect of suppressing participation and dissent. On controversial issues before the board, some students, parents, guardians or relatives feel the release of their home address for instance, presents the potential for harm or other harassment based on their testimony during the meeting. Additionally, it has been applied selectively with some persons’ information released and others’ not. This has led to the perception that the release of personal information may be employed in a manner leading to intimidation on the part of the individual school board during instances where they receive unfavorable testimony from members of the school community.”
   
2. Limited in scope. This bill relates only to directory information or the personal information of a parent in the minutes of a school board meeting. This bill does not alter existing law regarding the release of directory information or pupil records to school attendance review boards, schools in which the student intends to enroll, researchers, or recruiters. Staff recommends amendments to expand the scope of this bill to include directory information of students (other than a student’s name) and personal information of guardians.
   
3. Personal information. This bill prohibits the release of personal information of a parent, but “personal information” is not defined. Staff recommends an amendment to define “personal information” as a person’s address, telephone number, date of birth, or email address. The practical effect is that the name of a parent, guardian or student could be included in school board meeting minutes, but no other personal information.
   
4. Opt-in? This bill does not allow a parent to grant permission for any personal information to be included in the minutes of a school board meeting. Staff recommends an amendment to allow a parent, guardian or student (if over 18 years of age) to provide written permission to a school board granting permission for that person’s personal information to be included in the minutes of a school board meeting. This amendment would also allow a parent or guardian to grant permission for the name of their minor child to be included in the minutes of a school board meeting.
   
5. What about charter schools and county offices of education? This bill applies only to school districts. Staff recommends amendments to make this bill applicable to charter schools and county boards of education.

SUPPORT

None received

OPPOSITION

None received

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