SB 1017: Pupils: foster youth: access to pupil records.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-09-30
Current Status:
Passed
(2026-09-30: Chaptered by Secretary of State. Chapter 998, Statutes of 2026.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
What does this bill do?
This bill requires school districts to allow pupils age 14 or older who are foster youth to access parts of their school records that are relevant to their education.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law prohibits a school district from permitting access to pupil records to a person without written parental consent or under judicial order except as authorized by law. Existing law requires access to those particular records relevant to the legitimate educational interests of the pupil to, among other individuals, a pupil 14 years of age or older who is both a homeless child or youth, as defined, and an unaccompanied youth, as defined.
This bill would additionally require access to those particular records relevant to the legitimate educational interests of the pupil to a pupil 14 years of age or older who is a foster youth, as defined. To the extent the bill would impose additional duties on school districts related to pupil record requests, the bill would impose a state-mandated local program.
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.
This bill would incorporate additional changes to Section 49076 of the Education Code proposed by AB 2478 to be operative only if this bill and AB 2478 are enacted and this bill is enacted last.
Existing law prohibits a school district from permitting access to pupil records to a person without written parental consent or under judicial order except as authorized by law. Existing law requires access to those particular records relevant to the legitimate educational interests of the pupil to, among other individuals, a pupil 14 years of age or older who is both a homeless child or youth, as defined, and an unaccompanied youth, as defined.
This bill would additionally require access to those particular records relevant to the legitimate educational interests of the pupil to a pupil 14 years of age or older who is a foster youth, as defined. To the extent the bill would impose additional duties on school districts related to pupil record requests, the bill would impose a state-mandated local program.
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.
This bill would incorporate additional changes to Section 49076 of the Education Code proposed by AB 2478 to be operative only if this bill and AB 2478 are enacted and this bill is enacted last.
Existing law prohibits a school district from permitting access to pupil records to a person without written parental consent or under judicial order except as authorized by law. Existing law requires access to those particular records relevant to the legitimate educational interests of the pupil to, among other individuals, a pupil 14 years of age or older who is both a homeless child or youth, as defined, and an unaccompanied youth, as defined.
This bill would additionally require access to those particular records relevant to the legitimate educational interests of the pupil to a pupil 14 years of age or older who is a foster youth, as defined. To the extent the bill would impose additional duties on school districts related to pupil record requests, the bill would impose a state-mandated local program.
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.
This bill would incorporate additional changes to Section 49076 of the Education Code proposed by AB 2478 to be operative only if this bill and AB 2478 are enacted and this bill is enacted last.
Existing law prohibits a school district from permitting access to pupil records to a person without written parental consent or under judicial order except as authorized by law. Existing law requires access to those particular records relevant to the legitimate educational interests of the pupil to, among other individuals, a pupil 14 years of age or older who is both a homeless child or youth, as defined, and an unaccompanied youth, as defined.
This bill would additionally require access to those particular records relevant to the legitimate educational interests of the pupil to a pupil 14 years of age or older who is a foster youth, as defined. To the extent the bill would impose additional duties on school districts related to pupil record requests, the bill would impose a state-mandated local program.
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.
Existing law prohibits a school district from permitting access to pupil records to a person without written parental consent or under judicial order except as authorized by law. Existing law requires access to those particular records relevant to the legitimate educational interests of the pupil to, among other individuals, a pupil 14 years of age or older who is both a homeless child or youth, as defined, and an unaccompanied youth, as defined.
This bill would additionally require access to those particular records relevant to the legitimate educational interests of the pupil to a pupil 14 years of age or older who is a foster youth, as defined. To the extent the bill would impose additional duties on school districts related to pupil record requests, the bill would impose a state-mandated local program.
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.
(a)A school district shall not permit access to pupil records to a person without written parental consent or under judicial order except as set forth in this section and as permitted by Part 99 (commencing with Section 99.1) of Title 34 of the Code of Federal Regulations.
(1)Access to those particular records relevant to the legitimate educational interests of the requester shall be permitted to the following:
(A)School officials and employees of the school district, members of a school attendance review board appointed pursuant to Section 48321 who are authorized representatives of the school district, and any volunteer aide, 18 years of age or older, who has been investigated, selected, and trained by a school attendance review board for the purpose of providing followup services to pupils referred to the school attendance review board, provided that the person has a legitimate educational interest to inspect a record.
(B)Officials and employees of other public schools or school systems, including local, county, or state correctional facilities where educational programs leading to high school graduation are provided or where the pupil intends to or is directed to enroll, subject to the rights of parents as provided in Section 49068.
(C)Authorized representatives of the Comptroller General of the United States, the United States Secretary of Education, and state and local educational authorities, or the United States Department of Educations Office for Civil Rights, if the information is necessary to audit or evaluate a state or federally supported educational program, or in connection with the enforcement of, or compliance with, the federal legal requirements that relate to such a program. Records released pursuant to this subparagraph shall comply with the requirements of Section 99.35 of Title 34 of the Code of Federal Regulations.
(D)Other state and local officials to the extent that information is specifically required to be reported pursuant to state law adopted before November 19, 1974.
(E)Parents of a pupil 18 years of age or older who is a dependent as defined in Section 152 of Title 26 of the United States Code.
(F)A pupil 16 years of age or older or having completed the 10th grade.
(G)A district attorney who is participating in or conducting a truancy mediation program pursuant to Section 48263.5 of this code or Section 601.3 of the Welfare and Institutions Code, or participating in the presentation of evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code.
(H)A district attorneys office for consideration against a parent or guardian for failure to comply with the Compulsory Education Law (Chapter 2 (commencing with Section 48200)) or with Compulsory Continuation Education (Chapter 3 (commencing with Section 48400)).
(I)(i)A probation officer, district attorney, or counsel of record for a minor for purposes of conducting a criminal investigation or an investigation in regards to declaring a person a ward of the court or involving a violation of a condition of probation.
(ii)For purposes of this subparagraph, a probation officer, district attorney, and counsel of record for a minor shall be deemed to be local officials for purposes of Section 99.31(a)(5)(i) of Title 34 of the Code of Federal Regulations.
(iii)Pupil records obtained pursuant to this subparagraph shall be subject to the evidentiary rules described in Section 701 of the Welfare and Institutions Code.
(J)A judge or probation officer for the purpose of conducting a truancy mediation program for a pupil, or for purposes of presenting evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code. The judge or probation officer shall certify in writing to the school district that the information will be used only for truancy purposes. A school district releasing pupil information to a judge or probation officer pursuant to this subparagraph shall inform, or provide written notification to, the parent or guardian of the pupil within 24 hours of the release of the information.
(K)A county placing agency when acting as an authorized representative of a state or local educational agency pursuant to subparagraph (C). School districts, county offices of education, and county placing agencies may develop cooperative agreements to facilitate confidential access to and exchange of the pupil information by email, facsimile, electronic format, or other secure means, if the agreement complies with the requirements set forth in Section 99.35 of Title 34 of the Code of Federal Regulations.
(L)A pupil 14 years of age or older who is a foster youth, as defined in subdivision (b) of Section 42238.01, or a pupil 14 years of age or older who meets both of the following criteria:
(i)The pupil is a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
(ii)The pupil is an unaccompanied youth, as defined in paragraph (6) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(6)).
(M)An individual who completes items 1 to 4, inclusive, of the Caregivers Authorization Affidavit, as provided in Section 6552 of the Family Code, and signs the affidavit for the purpose of enrolling a minor in school.
(N)(i)An agency caseworker or other representative of a state or local child welfare agency, or tribal organization, as defined in Section 450b of Title 25 of the United States Code, that has legal responsibility, in accordance with state or tribal law, for the care and protection of the pupil.
(ii)The agency or organization specified in clause (i) may disclose pupil records, or the personally identifiable information contained in those records, to an individual or entity engaged in addressing the pupils educational needs, if the individual or entity is authorized by the agency or organization to receive the disclosure and the information requested is directly related to the assistance provided by that individual or entity. The records, or the personally identifiable information contained in those records, shall not otherwise be disclosed by that agency or organization, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), state law, including paragraph (3), and tribal law.
(O)A foster family agency with jurisdiction over a currently enrolled or former pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelated extended family member, or a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, pursuant to Section 49069.3 of this code.
(2)School districts may release information from pupil records to the following:
(A)Appropriate persons in connection with an emergency if the knowledge of the information is necessary to protect the health or safety of a pupil or other persons. Schools or school districts releasing information pursuant to this subparagraph shall comply with the requirements set forth in Section 99.32(a)(5) of Title 34 of the Code of Federal Regulations.
(B)Agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid. However, information permitting the personal identification of a pupil or the pupils parents may be disclosed only as may be necessary for purposes as to determine the eligibility of the pupil for financial aid, to determine the amount of the financial aid, to determine the conditions that will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid.
(C)Pursuant to Section 99.37 of Title 34 of the Code of Federal Regulations, a county elections official, for the purpose of identifying pupils eligible to register to vote, or for conducting programs to offer pupils an opportunity to register to vote. The information shall not be used for any other purpose or given or transferred to any other person or agency.
(D)Accrediting associations in order to carry out their accrediting functions.
(E)Organizations conducting studies for, or on behalf of, educational agencies or institutions for purposes of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if the studies are conducted in a manner that will not permit the personal identification of pupils or their parents by persons other than representatives of the organizations, the information will be destroyed when no longer needed for the purpose for which it is obtained, and the organization enters into a written agreement with the educational agency or institution that complies with Section 99.31(a)(6) of Title 34 of the Code of Federal Regulations.
(F)Officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll, subject to the rights of parents as provided in Section 49068 and in compliance with the requirements in Section 99.34 of Title 34 of the Code of Federal Regulations. This information shall be in addition to the pupils permanent record transferred pursuant to Section 49068.
(G)(i)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.
(ii)Notwithstanding the authorization in Section 99.31(a)(1)(i)(B) of Title 34 of the Code of Federal Regulations, a disclosure pursuant to this subparagraph shall not be permitted to a volunteer or other party.
(3)A person, persons, agency, or organization permitted access to pupil records pursuant to this section shall not permit access to any information obtained from those records by another person, persons, agency, or organization, except for allowable exceptions contained within the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, including this section, and implementing regulations, without the written consent of the pupils parent. This paragraph shall not require prior parental consent when information obtained pursuant to this section is shared with other persons within the educational institution, agency, or organization obtaining access, so long as those persons have a legitimate educational interest in the information pursuant to Section 99.31(a)(1) of Title 34 of the Code of Federal Regulations.
(4)Notwithstanding any other law, a school district, including a county office of education or county superintendent of schools, may participate in an interagency data information system that permits access to a computerized database system within and between governmental agencies or school districts as to information or records that are nonprivileged, and where release is authorized as to the requesting agency under state or federal law or regulation, if each of the following requirements is met:
(A)Each agency and school district shall develop security procedures or devices by which unauthorized personnel cannot access data contained in the system.
(B)Each agency and school district shall develop procedures or devices to secure privileged or confidential data from unauthorized disclosure.
(C)Each school district shall comply with the access log requirements of Section 49064.
(D)The right of access granted shall not include the right to add, delete, or alter data without the written permission of the agency holding the data.
(E)An agency or school district shall not make public or otherwise release information on an individual contained in the database if the information is protected from disclosure or release as to the requesting agency by state or federal law or regulation.
(b)The officials and authorities to whom pupil records are disclosed pursuant to subdivision (e) of Section 48902 and subparagraph (I) of paragraph (1) of subdivision (a) shall certify in writing to the disclosing school district that the information shall not be disclosed to another party, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, without the prior written consent of the parent of the pupil or the person identified as the holder of the pupils educational rights.
(c)(1)A person or party who is not permitted access to pupil records pursuant to subdivision (a) or (b) may request access to pupil records as provided for in paragraph (2).
(2)A local educational agency or other person or party who has received pupil records, or information from pupil records, may release the records or information to a person or party identified in paragraph (1) without the consent of the pupils parent or guardian pursuant to Section 99.31(b) of Title 34 of the Code of Federal Regulations, if the records or information are deidentified, which requires the removal of all personally identifiable information, if the disclosing local educational agency or other person or party has made a reasonable determination that a pupils identity is not personally identifiable, whether through single or multiple releases, and has taken into account other pertinent reasonably available information.
SEC. 1.5.Section 49076 of the Education Code is amended to read:49076.(a)A school district shall not permit access to pupil records to a person without written parental consent or under judicial order except as set forth in this section and as permitted by Part 99 (commencing with Section 99.1) of Title 34 of the Code of Federal Regulations.
(1)Access to those particular records relevant to the legitimate educational interests of the requester shall be permitted to the following:
(A)School officials and employees of the school district, members of a school attendance review board appointed pursuant to Section 48321 who are authorized representatives of the school district, and any volunteer aide, 18 years of age or older, who has been investigated, selected, and trained by a school attendance review board for the purpose of providing followup services to pupils referred to the school attendance review board, provided that the person has a legitimate educational interest to inspect a record.
(B)Officials and employees of other public schools or school systems, including local, county, or state correctional facilities where educational programs leading to high school graduation are provided or where the pupil intends to or is directed to enroll, subject to the rights of parents as provided in Section 49068.
(C)Authorized representatives of the Comptroller General of the United States, the United States Secretary of Education, and state and local educational authorities, or the United States Department of Educations Office for Civil Rights, if the information is necessary to audit or evaluate a state or federally supported educational program, or in connection with the enforcement of, or compliance with, the federal legal requirements that relate to such a program. Records released pursuant to this subparagraph shall comply with the requirements of Section 99.35 of Title 34 of the Code of Federal Regulations.
(D)Other state and local officials to the extent that information is specifically required to be reported pursuant to state law adopted before November 19, 1974.
(E)Parents of a pupil 18 years of age or older who is a dependent as defined in Section 152 of Title 26 of the United States Code.
(F)A pupil 16 years of age or older or having completed the 10th grade.
(G)A district attorney who is participating in or conducting a truancy mediation program pursuant to Section 48263.5 of this code or Section 601.3 of the Welfare and Institutions Code, or participating in the presentation of evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code.
(H)A district attorneys office for consideration against a parent or guardian for failure to comply with the Compulsory Education Law (Chapter 2 (commencing with Section 48200)) or with Compulsory Continuation Education (Chapter 3 (commencing with Section 48400)).
(I)(i)A probation officer, district attorney, or counsel of record for a minor for purposes of conducting a criminal investigation or an investigation in regards to declaring a person a ward of the court or involving a violation of a condition of probation.
(ii)For purposes of this subparagraph, a probation officer, district attorney, and counsel of record for a minor shall be deemed to be local officials for purposes of Section 99.31(a)(5)(i) of Title 34 of the Code of Federal Regulations.
(iii)Pupil records obtained pursuant to this subparagraph shall be subject to the evidentiary rules described in Section 701 of the Welfare and Institutions Code.
(J)A judge or probation officer for the purpose of conducting a truancy mediation program for a pupil, or for purposes of presenting evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code. The judge or probation officer shall certify in writing to the school district that the information will be used only for truancy purposes. A school district releasing pupil information to a judge or probation officer pursuant to this subparagraph shall inform, or provide written notification to, the parent or guardian of the pupil within 24 hours of the release of the information.
(K)A county placing agency when acting as an authorized representative of a state or local educational agency pursuant to subparagraph (C). School districts, county offices of education, and county placing agencies may develop cooperative agreements to facilitate confidential access to and exchange of the pupil information by email, facsimile, electronic format, or other secure means, if the agreement complies with the requirements set forth in Section 99.35 of Title 34 of the Code of Federal Regulations.
(L)A pupil 14 years of age or older who is a foster youth, as defined in subdivision (b) of Section 42238.01, or a pupil 14 years of age or older who meets both of the following criteria:
(i)The pupil is a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
(ii)The pupil is an unaccompanied youth, as defined in paragraph (6) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(6)).
(M)An individual who completes items 1 to 4, inclusive, of the Caregivers Authorization Affidavit, as provided in Section 6552 of the Family Code, and signs the affidavit for the purpose of enrolling a minor in school.
(N)(i)An agency caseworker or other representative of a state or local child welfare agency, or tribal organization, as defined in Section 450b of Title 25 of the United States Code, that has legal responsibility, in accordance with state or tribal law, for the care and protection of the pupil.
(ii)The agency or organization specified in clause (i) may disclose pupil records, or the personally identifiable information contained in those records, to an individual or entity engaged in addressing the pupils educational needs, if the individual or entity is authorized by the agency or organization to receive the disclosure and the information requested is directly related to the assistance provided by that individual or entity. The records, or the personally identifiable information contained in those records, shall not otherwise be disclosed by that agency or organization, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), state law, including paragraph (3), and tribal law.
(O)A foster family agency with jurisdiction over a currently enrolled or former pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelative extended family member, a kinship family, as defined in Section 16519.4 of the Welfare and Institutions Code, a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, or a tribally approved home, as defined in subdivision (r) of Section 224.1 of the Welfare and Institutions Code, pursuant to Section 49069.3 of this code.
(2)School districts may release information from pupil records to the following:
(A)Appropriate persons in connection with an emergency if the knowledge of the information is necessary to protect the health or safety of a pupil or other persons. Schools or school districts releasing information pursuant to this subparagraph shall comply with the requirements set forth in Section 99.32(a)(5) of Title 34 of the Code of Federal Regulations.
(B)Agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid. However, information permitting the personal identification of a pupil or the pupils parents may be disclosed only as may be necessary for purposes as to determine the eligibility of the pupil for financial aid, to determine the amount of the financial aid, to determine the conditions that will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid.
(C)Pursuant to Section 99.37 of Title 34 of the Code of Federal Regulations, a county elections official, for the purpose of identifying pupils eligible to register to vote, or for conducting programs to offer pupils an opportunity to register to vote. The information shall not be used for any other purpose or given or transferred to any other person or agency.
(D)Accrediting associations in order to carry out their accrediting functions.
(E)Organizations conducting studies for, or on behalf of, educational agencies or institutions for purposes of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if the studies are conducted in a manner that will not permit the personal identification of pupils or their parents by persons other than representatives of the organizations, the information will be destroyed when no longer needed for the purpose for which it is obtained, and the organization enters into a written agreement with the educational agency or institution that complies with Section 99.31(a)(6) of Title 34 of the Code of Federal Regulations.
(F)Officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll, subject to the rights of parents as provided in Section 49068 and in compliance with the requirements in Section 99.34 of Title 34 of the Code of Federal Regulations. This information shall be in addition to the pupils permanent record transferred pursuant to Section 49068.
(G)(i)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.
(ii)Notwithstanding the authorization in Section 99.31(a)(1)(i)(B) of Title 34 of the Code of Federal Regulations, a disclosure pursuant to this subparagraph shall not be permitted to a volunteer or other party.
(3)A person, persons, agency, or organization permitted access to pupil records pursuant to this section shall not permit access to any information obtained from those records by another person, persons, agency, or organization, except for allowable exceptions contained within the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, including this section, and implementing regulations, without the written consent of the pupils parent. This paragraph shall not require prior parental consent when information obtained pursuant to this section is shared with other persons within the educational institution, agency, or organization obtaining access, so long as those persons have a legitimate educational interest in the information pursuant to Section 99.31(a)(1) of Title 34 of the Code of Federal Regulations.
(4)Notwithstanding any other law, a school district, including a county office of education or county superintendent of schools, may participate in an interagency data information system that permits access to a computerized database system within and between governmental agencies or school districts as to information or records that are nonprivileged, and where release is authorized as to the requesting agency under state or federal law or regulation, if each of the following requirements is met:
(A)Each agency and school district shall develop security procedures or devices by which unauthorized personnel cannot access data contained in the system.
(B)Each agency and school district shall develop procedures or devices to secure privileged or confidential data from unauthorized disclosure.
(C)Each school district shall comply with the access log requirements of Section 49064.
(D)The right of access granted shall not include the right to add, delete, or alter data without the written permission of the agency holding the data.
(E)An agency or school district shall not make public or otherwise release information on an individual contained in the database if the information is protected from disclosure or release as to the requesting agency by state or federal law or regulation.
(b)The officials and authorities to whom pupil records are disclosed pursuant to subdivision (e) of Section 48902 and subparagraph (I) of paragraph (1) of subdivision (a) shall certify in writing to the disclosing school district that the information shall not be disclosed to another party, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, without the prior written consent of the parent of the pupil or the person identified as the holder of the pupils educational rights.
(c)(1)A person or party who is not permitted access to pupil records pursuant to subdivision (a) or (b) may request access to pupil records as provided for in paragraph (2).
(2)A local educational agency or other person or party who has received pupil records, or information from pupil records, may release the records or information to a person or party identified in paragraph (1) without the consent of the pupils parent or guardian pursuant to Section 99.31(b) of Title 34 of the Code of Federal Regulations, if the records or information are deidentified, which requires the removal of all personally identifiable information, if the disclosing local educational agency or other person or party has made a reasonable determination that a pupils identity is not personally identifiable, whether through single or multiple releases, and has taken into account other pertinent reasonably available information.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3.Section 1.5 of this bill incorporates amendments to Section 49076 of the Education Code proposed by both this bill and Assembly Bill 2478. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 49076 of the Education Code, and (3) this bill is enacted after Assembly Bill 2478, in which case Section 1 of this bill shall not become operative.
(a)A school district shall not permit access to pupil records to a person without written parental consent or under judicial order except as set forth in this section and as permitted by Part 99 (commencing with Section 99.1) of Title 34 of the Code of Federal Regulations.
(1)Access to those particular records relevant to the legitimate educational interests of the requester shall be permitted to the following:
(A)School officials and employees of the school district, members of a school attendance review board appointed pursuant to Section 48321 who are authorized representatives of the school district, and any volunteer aide, 18 years of age or older, who has been investigated, selected, and trained by a school attendance review board for the purpose of providing followup services to pupils referred to the school attendance review board, provided that the person has a legitimate educational interest to inspect a record.
(B)Officials and employees of other public schools or school systems, including local, county, or state correctional facilities where educational programs leading to high school graduation are provided or where the pupil intends to or is directed to enroll, subject to the rights of parents as provided in Section 49068.
(C)Authorized representatives of the Comptroller General of the United States, the United States Secretary of Education, and state and local educational authorities, or the United States Department of Educations Office for Civil Rights, if the information is necessary to audit or evaluate a state or federally supported educational program, or in connection with the enforcement of, or compliance with, the federal legal requirements that relate to such a program. Records released pursuant to this subparagraph shall comply with the requirements of Section 99.35 of Title 34 of the Code of Federal Regulations.
(D)Other state and local officials to the extent that information is specifically required to be reported pursuant to state law adopted before November 19, 1974.
(E)Parents of a pupil 18 years of age or older who is a dependent as defined in Section 152 of Title 26 of the United States Code.
(F)A pupil 16 years of age or older or having completed the 10th grade.
(G)A district attorney who is participating in or conducting a truancy mediation program pursuant to Section 48263.5 of this code or Section 601.3 of the Welfare and Institutions Code, or participating in the presentation of evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code.
(H)A district attorneys office for consideration against a parent or guardian for failure to comply with the Compulsory Education Law (Chapter 2 (commencing with Section 48200)) or with Compulsory Continuation Education (Chapter 3 (commencing with Section 48400)).
(I)(i)A probation officer, district attorney, or counsel of record for a minor for purposes of conducting a criminal investigation or an investigation in regards to declaring a person a ward of the court or involving a violation of a condition of probation.
(ii)For purposes of this subparagraph, a probation officer, district attorney, and counsel of record for a minor shall be deemed to be local officials for purposes of Section 99.31(a)(5)(i) of Title 34 of the Code of Federal Regulations.
(iii)Pupil records obtained pursuant to this subparagraph shall be subject to the evidentiary rules described in Section 701 of the Welfare and Institutions Code.
(J)A judge or probation officer for the purpose of conducting a truancy mediation program for a pupil, or for purposes of presenting evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code. The judge or probation officer shall certify in writing to the school district that the information will be used only for truancy purposes. A school district releasing pupil information to a judge or probation officer pursuant to this subparagraph shall inform, or provide written notification to, the parent or guardian of the pupil within 24 hours of the release of the information.
(K)A county placing agency when acting as an authorized representative of a state or local educational agency pursuant to subparagraph (C). School districts, county offices of education, and county placing agencies may develop cooperative agreements to facilitate confidential access to and exchange of the pupil information by email, facsimile, electronic format, or other secure means, if the agreement complies with the requirements set forth in Section 99.35 of Title 34 of the Code of Federal Regulations.
(L)A pupil 14 years of age or older who is a foster youth, as defined in subdivision (b) of Section 42238.01, or a pupil 14 years of age or older who meets both of the following criteria:
(i)The pupil is a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
(ii)The pupil is an unaccompanied youth, as defined in paragraph (6) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(6)).
(M)An individual who completes items 1 to 4, inclusive, of the Caregivers Authorization Affidavit, as provided in Section 6552 of the Family Code, and signs the affidavit for the purpose of enrolling a minor in school.
(N)(i)An agency caseworker or other representative of a state or local child welfare agency, or tribal organization, as defined in Section 450b of Title 25 of the United States Code, that has legal responsibility, in accordance with state or tribal law, for the care and protection of the pupil.
(ii)The agency or organization specified in clause (i) may disclose pupil records, or the personally identifiable information contained in those records, to an individual or entity engaged in addressing the pupils educational needs, if the individual or entity is authorized by the agency or organization to receive the disclosure and the information requested is directly related to the assistance provided by that individual or entity. The records, or the personally identifiable information contained in those records, shall not otherwise be disclosed by that agency or organization, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), state law, including paragraph (3), and tribal law.
(O)A foster family agency with jurisdiction over a currently enrolled or former pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelated extended family member, or a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, pursuant to Section 49069.3 of this code.
(2)School districts may release information from pupil records to the following:
(A)Appropriate persons in connection with an emergency if the knowledge of the information is necessary to protect the health or safety of a pupil or other persons. Schools or school districts releasing information pursuant to this subparagraph shall comply with the requirements set forth in Section 99.32(a)(5) of Title 34 of the Code of Federal Regulations.
(B)Agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid. However, information permitting the personal identification of a pupil or the pupils parents may be disclosed only as may be necessary for purposes as to determine the eligibility of the pupil for financial aid, to determine the amount of the financial aid, to determine the conditions that will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid.
(C)Pursuant to Section 99.37 of Title 34 of the Code of Federal Regulations, a county elections official, for the purpose of identifying pupils eligible to register to vote, or for conducting programs to offer pupils an opportunity to register to vote. The information shall not be used for any other purpose or given or transferred to any other person or agency.
(D)Accrediting associations in order to carry out their accrediting functions.
(E)Organizations conducting studies for, or on behalf of, educational agencies or institutions for purposes of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if the studies are conducted in a manner that will not permit the personal identification of pupils or their parents by persons other than representatives of the organizations, the information will be destroyed when no longer needed for the purpose for which it is obtained, and the organization enters into a written agreement with the educational agency or institution that complies with Section 99.31(a)(6) of Title 34 of the Code of Federal Regulations.
(F)Officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll, subject to the rights of parents as provided in Section 49068 and in compliance with the requirements in Section 99.34 of Title 34 of the Code of Federal Regulations. This information shall be in addition to the pupils permanent record transferred pursuant to Section 49068.
(G)(i)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.
(ii)Notwithstanding the authorization in Section 99.31(a)(1)(i)(B) of Title 34 of the Code of Federal Regulations, a disclosure pursuant to this subparagraph shall not be permitted to a volunteer or other party.
(3)A person, persons, agency, or organization permitted access to pupil records pursuant to this section shall not permit access to any information obtained from those records by another person, persons, agency, or organization, except for allowable exceptions contained within the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, including this section, and implementing regulations, without the written consent of the pupils parent. This paragraph shall not require prior parental consent when information obtained pursuant to this section is shared with other persons within the educational institution, agency, or organization obtaining access, so long as those persons have a legitimate educational interest in the information pursuant to Section 99.31(a)(1) of Title 34 of the Code of Federal Regulations.
(4)Notwithstanding any other law, a school district, including a county office of education or county superintendent of schools, may participate in an interagency data information system that permits access to a computerized database system within and between governmental agencies or school districts as to information or records that are nonprivileged, and where release is authorized as to the requesting agency under state or federal law or regulation, if each of the following requirements is met:
(A)Each agency and school district shall develop security procedures or devices by which unauthorized personnel cannot access data contained in the system.
(B)Each agency and school district shall develop procedures or devices to secure privileged or confidential data from unauthorized disclosure.
(C)Each school district shall comply with the access log requirements of Section 49064.
(D)The right of access granted shall not include the right to add, delete, or alter data without the written permission of the agency holding the data.
(E)An agency or school district shall not make public or otherwise release information on an individual contained in the database if the information is protected from disclosure or release as to the requesting agency by state or federal law or regulation.
(b)The officials and authorities to whom pupil records are disclosed pursuant to subdivision (e) of Section 48902 and subparagraph (I) of paragraph (1) of subdivision (a) shall certify in writing to the disclosing school district that the information shall not be disclosed to another party, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, without the prior written consent of the parent of the pupil or the person identified as the holder of the pupils educational rights.
(c)(1)A person or party who is not permitted access to pupil records pursuant to subdivision (a) or (b) may request access to pupil records as provided for in paragraph (2).
(2)A local educational agency or other person or party who has received pupil records, or information from pupil records, may release the records or information to a person or party identified in paragraph (1) without the consent of the pupils parent or guardian pursuant to Section 99.31(b) of Title 34 of the Code of Federal Regulations, if the records or information are deidentified, which requires the removal of all personally identifiable information, if the disclosing local educational agency or other person or party has made a reasonable determination that a pupils identity is not personally identifiable, whether through single or multiple releases, and has taken into account other pertinent reasonably available information.
SEC. 1.5.Section 49076 of the Education Code is amended to read:49076.(a)A school district shall not permit access to pupil records to a person without written parental consent or under judicial order except as set forth in this section and as permitted by Part 99 (commencing with Section 99.1) of Title 34 of the Code of Federal Regulations.
(1)Access to those particular records relevant to the legitimate educational interests of the requester shall be permitted to the following:
(A)School officials and employees of the school district, members of a school attendance review board appointed pursuant to Section 48321 who are authorized representatives of the school district, and any volunteer aide, 18 years of age or older, who has been investigated, selected, and trained by a school attendance review board for the purpose of providing followup services to pupils referred to the school attendance review board, provided that the person has a legitimate educational interest to inspect a record.
(B)Officials and employees of other public schools or school systems, including local, county, or state correctional facilities where educational programs leading to high school graduation are provided or where the pupil intends to or is directed to enroll, subject to the rights of parents as provided in Section 49068.
(C)Authorized representatives of the Comptroller General of the United States, the United States Secretary of Education, and state and local educational authorities, or the United States Department of Educations Office for Civil Rights, if the information is necessary to audit or evaluate a state or federally supported educational program, or in connection with the enforcement of, or compliance with, the federal legal requirements that relate to such a program. Records released pursuant to this subparagraph shall comply with the requirements of Section 99.35 of Title 34 of the Code of Federal Regulations.
(D)Other state and local officials to the extent that information is specifically required to be reported pursuant to state law adopted before November 19, 1974.
(E)Parents of a pupil 18 years of age or older who is a dependent as defined in Section 152 of Title 26 of the United States Code.
(F)A pupil 16 years of age or older or having completed the 10th grade.
(G)A district attorney who is participating in or conducting a truancy mediation program pursuant to Section 48263.5 of this code or Section 601.3 of the Welfare and Institutions Code, or participating in the presentation of evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code.
(H)A district attorneys office for consideration against a parent or guardian for failure to comply with the Compulsory Education Law (Chapter 2 (commencing with Section 48200)) or with Compulsory Continuation Education (Chapter 3 (commencing with Section 48400)).
(I)(i)A probation officer, district attorney, or counsel of record for a minor for purposes of conducting a criminal investigation or an investigation in regards to declaring a person a ward of the court or involving a violation of a condition of probation.
(ii)For purposes of this subparagraph, a probation officer, district attorney, and counsel of record for a minor shall be deemed to be local officials for purposes of Section 99.31(a)(5)(i) of Title 34 of the Code of Federal Regulations.
(iii)Pupil records obtained pursuant to this subparagraph shall be subject to the evidentiary rules described in Section 701 of the Welfare and Institutions Code.
(J)A judge or probation officer for the purpose of conducting a truancy mediation program for a pupil, or for purposes of presenting evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code. The judge or probation officer shall certify in writing to the school district that the information will be used only for truancy purposes. A school district releasing pupil information to a judge or probation officer pursuant to this subparagraph shall inform, or provide written notification to, the parent or guardian of the pupil within 24 hours of the release of the information.
(K)A county placing agency when acting as an authorized representative of a state or local educational agency pursuant to subparagraph (C). School districts, county offices of education, and county placing agencies may develop cooperative agreements to facilitate confidential access to and exchange of the pupil information by email, facsimile, electronic format, or other secure means, if the agreement complies with the requirements set forth in Section 99.35 of Title 34 of the Code of Federal Regulations.
(L)A pupil 14 years of age or older who is a foster youth, as defined in subdivision (b) of Section 42238.01, or a pupil 14 years of age or older who meets both of the following criteria:
(i)The pupil is a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
(ii)The pupil is an unaccompanied youth, as defined in paragraph (6) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(6)).
(M)An individual who completes items 1 to 4, inclusive, of the Caregivers Authorization Affidavit, as provided in Section 6552 of the Family Code, and signs the affidavit for the purpose of enrolling a minor in school.
(N)(i)An agency caseworker or other representative of a state or local child welfare agency, or tribal organization, as defined in Section 450b of Title 25 of the United States Code, that has legal responsibility, in accordance with state or tribal law, for the care and protection of the pupil.
(ii)The agency or organization specified in clause (i) may disclose pupil records, or the personally identifiable information contained in those records, to an individual or entity engaged in addressing the pupils educational needs, if the individual or entity is authorized by the agency or organization to receive the disclosure and the information requested is directly related to the assistance provided by that individual or entity. The records, or the personally identifiable information contained in those records, shall not otherwise be disclosed by that agency or organization, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), state law, including paragraph (3), and tribal law.
(O)A foster family agency with jurisdiction over a currently enrolled or former pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelative extended family member, a kinship family, as defined in Section 16519.4 of the Welfare and Institutions Code, a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, or a tribally approved home, as defined in subdivision (r) of Section 224.1 of the Welfare and Institutions Code, pursuant to Section 49069.3 of this code.
(2)School districts may release information from pupil records to the following:
(A)Appropriate persons in connection with an emergency if the knowledge of the information is necessary to protect the health or safety of a pupil or other persons. Schools or school districts releasing information pursuant to this subparagraph shall comply with the requirements set forth in Section 99.32(a)(5) of Title 34 of the Code of Federal Regulations.
(B)Agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid. However, information permitting the personal identification of a pupil or the pupils parents may be disclosed only as may be necessary for purposes as to determine the eligibility of the pupil for financial aid, to determine the amount of the financial aid, to determine the conditions that will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid.
(C)Pursuant to Section 99.37 of Title 34 of the Code of Federal Regulations, a county elections official, for the purpose of identifying pupils eligible to register to vote, or for conducting programs to offer pupils an opportunity to register to vote. The information shall not be used for any other purpose or given or transferred to any other person or agency.
(D)Accrediting associations in order to carry out their accrediting functions.
(E)Organizations conducting studies for, or on behalf of, educational agencies or institutions for purposes of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if the studies are conducted in a manner that will not permit the personal identification of pupils or their parents by persons other than representatives of the organizations, the information will be destroyed when no longer needed for the purpose for which it is obtained, and the organization enters into a written agreement with the educational agency or institution that complies with Section 99.31(a)(6) of Title 34 of the Code of Federal Regulations.
(F)Officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll, subject to the rights of parents as provided in Section 49068 and in compliance with the requirements in Section 99.34 of Title 34 of the Code of Federal Regulations. This information shall be in addition to the pupils permanent record transferred pursuant to Section 49068.
(G)(i)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.
(ii)Notwithstanding the authorization in Section 99.31(a)(1)(i)(B) of Title 34 of the Code of Federal Regulations, a disclosure pursuant to this subparagraph shall not be permitted to a volunteer or other party.
(3)A person, persons, agency, or organization permitted access to pupil records pursuant to this section shall not permit access to any information obtained from those records by another person, persons, agency, or organization, except for allowable exceptions contained within the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, including this section, and implementing regulations, without the written consent of the pupils parent. This paragraph shall not require prior parental consent when information obtained pursuant to this section is shared with other persons within the educational institution, agency, or organization obtaining access, so long as those persons have a legitimate educational interest in the information pursuant to Section 99.31(a)(1) of Title 34 of the Code of Federal Regulations.
(4)Notwithstanding any other law, a school district, including a county office of education or county superintendent of schools, may participate in an interagency data information system that permits access to a computerized database system within and between governmental agencies or school districts as to information or records that are nonprivileged, and where release is authorized as to the requesting agency under state or federal law or regulation, if each of the following requirements is met:
(A)Each agency and school district shall develop security procedures or devices by which unauthorized personnel cannot access data contained in the system.
(B)Each agency and school district shall develop procedures or devices to secure privileged or confidential data from unauthorized disclosure.
(C)Each school district shall comply with the access log requirements of Section 49064.
(D)The right of access granted shall not include the right to add, delete, or alter data without the written permission of the agency holding the data.
(E)An agency or school district shall not make public or otherwise release information on an individual contained in the database if the information is protected from disclosure or release as to the requesting agency by state or federal law or regulation.
(b)The officials and authorities to whom pupil records are disclosed pursuant to subdivision (e) of Section 48902 and subparagraph (I) of paragraph (1) of subdivision (a) shall certify in writing to the disclosing school district that the information shall not be disclosed to another party, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, without the prior written consent of the parent of the pupil or the person identified as the holder of the pupils educational rights.
(c)(1)A person or party who is not permitted access to pupil records pursuant to subdivision (a) or (b) may request access to pupil records as provided for in paragraph (2).
(2)A local educational agency or other person or party who has received pupil records, or information from pupil records, may release the records or information to a person or party identified in paragraph (1) without the consent of the pupils parent or guardian pursuant to Section 99.31(b) of Title 34 of the Code of Federal Regulations, if the records or information are deidentified, which requires the removal of all personally identifiable information, if the disclosing local educational agency or other person or party has made a reasonable determination that a pupils identity is not personally identifiable, whether through single or multiple releases, and has taken into account other pertinent reasonably available information.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3.Section 1.5 of this bill incorporates amendments to Section 49076 of the Education Code proposed by both this bill and Assembly Bill 2478. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 49076 of the Education Code, and (3) this bill is enacted after Assembly Bill 2478, in which case Section 1 of this bill shall not become operative.
(a)A school district shall not permit access to pupil records to a person without written parental consent or under judicial order except as set forth in this section and as permitted by Part 99 (commencing with Section 99.1) of Title 34 of the Code of Federal Regulations.
(1)Access to those particular records relevant to the legitimate educational interests of the requester shall be permitted to the following:
(A)School officials and employees of the school district, members of a school attendance review board appointed pursuant to Section 48321 who are authorized representatives of the school district, and any volunteer aide, 18 years of age or older, who has been investigated, selected, and trained by a school attendance review board for the purpose of providing followup services to pupils referred to the school attendance review board, provided that the person has a legitimate educational interest to inspect a record.
(B)Officials and employees of other public schools or school systems, including local, county, or state correctional facilities where educational programs leading to high school graduation are provided or where the pupil intends to or is directed to enroll, subject to the rights of parents as provided in Section 49068.
(C)Authorized representatives of the Comptroller General of the United States, the United States Secretary of Education, and state and local educational authorities, or the United States Department of Educations Office for Civil Rights, if the information is necessary to audit or evaluate a state or federally supported educational program, or in connection with the enforcement of, or compliance with, the federal legal requirements that relate to such a program. Records released pursuant to this subparagraph shall comply with the requirements of Section 99.35 of Title 34 of the Code of Federal Regulations.
(D)Other state and local officials to the extent that information is specifically required to be reported pursuant to state law adopted before November 19, 1974.
(E)Parents of a pupil 18 years of age or older who is a dependent as defined in Section 152 of Title 26 of the United States Code.
(F)A pupil 16 years of age or older or having completed the 10th grade.
(G)A district attorney who is participating in or conducting a truancy mediation program pursuant to Section 48263.5 of this code or Section 601.3 of the Welfare and Institutions Code, or participating in the presentation of evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code.
(H)A district attorneys office for consideration against a parent or guardian for failure to comply with the Compulsory Education Law (Chapter 2 (commencing with Section 48200)) or with Compulsory Continuation Education (Chapter 3 (commencing with Section 48400)).
(I)(i)A probation officer, district attorney, or counsel of record for a minor for purposes of conducting a criminal investigation or an investigation in regards to declaring a person a ward of the court or involving a violation of a condition of probation.
(ii)For purposes of this subparagraph, a probation officer, district attorney, and counsel of record for a minor shall be deemed to be local officials for purposes of Section 99.31(a)(5)(i) of Title 34 of the Code of Federal Regulations.
(iii)Pupil records obtained pursuant to this subparagraph shall be subject to the evidentiary rules described in Section 701 of the Welfare and Institutions Code.
(J)A judge or probation officer for the purpose of conducting a truancy mediation program for a pupil, or for purposes of presenting evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code. The judge or probation officer shall certify in writing to the school district that the information will be used only for truancy purposes. A school district releasing pupil information to a judge or probation officer pursuant to this subparagraph shall inform, or provide written notification to, the parent or guardian of the pupil within 24 hours of the release of the information.
(K)A county placing agency when acting as an authorized representative of a state or local educational agency pursuant to subparagraph (C). School districts, county offices of education, and county placing agencies may develop cooperative agreements to facilitate confidential access to and exchange of the pupil information by email, facsimile, electronic format, or other secure means, if the agreement complies with the requirements set forth in Section 99.35 of Title 34 of the Code of Federal Regulations.
(L)A pupil 14 years of age or older who is a foster youth, as defined in subdivision (b) of Section 42238.01, or a pupil 14 years of age or older who meets both of the following criteria:
(i)The pupil is a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
(ii)The pupil is an unaccompanied youth, as defined in paragraph (6) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(6)).
(M)An individual who completes items 1 to 4, inclusive, of the Caregivers Authorization Affidavit, as provided in Section 6552 of the Family Code, and signs the affidavit for the purpose of enrolling a minor in school.
(N)(i)An agency caseworker or other representative of a state or local child welfare agency, or tribal organization, as defined in Section 450b of Title 25 of the United States Code, that has legal responsibility, in accordance with state or tribal law, for the care and protection of the pupil.
(ii)The agency or organization specified in clause (i) may disclose pupil records, or the personally identifiable information contained in those records, to an individual or entity engaged in addressing the pupils educational needs, if the individual or entity is authorized by the agency or organization to receive the disclosure and the information requested is directly related to the assistance provided by that individual or entity. The records, or the personally identifiable information contained in those records, shall not otherwise be disclosed by that agency or organization, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), state law, including paragraph (3), and tribal law.
(O)A foster family agency with jurisdiction over a currently enrolled or former pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelated extended family member, or a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, pursuant to Section 49069.3 of this code.
(2)School districts may release information from pupil records to the following:
(A)Appropriate persons in connection with an emergency if the knowledge of the information is necessary to protect the health or safety of a pupil or other persons. Schools or school districts releasing information pursuant to this subparagraph shall comply with the requirements set forth in Section 99.32(a)(5) of Title 34 of the Code of Federal Regulations.
(B)Agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid. However, information permitting the personal identification of a pupil or the pupils parents may be disclosed only as may be necessary for purposes as to determine the eligibility of the pupil for financial aid, to determine the amount of the financial aid, to determine the conditions that will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid.
(C)Pursuant to Section 99.37 of Title 34 of the Code of Federal Regulations, a county elections official, for the purpose of identifying pupils eligible to register to vote, or for conducting programs to offer pupils an opportunity to register to vote. The information shall not be used for any other purpose or given or transferred to any other person or agency.
(D)Accrediting associations in order to carry out their accrediting functions.
(E)Organizations conducting studies for, or on behalf of, educational agencies or institutions for purposes of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if the studies are conducted in a manner that will not permit the personal identification of pupils or their parents by persons other than representatives of the organizations, the information will be destroyed when no longer needed for the purpose for which it is obtained, and the organization enters into a written agreement with the educational agency or institution that complies with Section 99.31(a)(6) of Title 34 of the Code of Federal Regulations.
(F)Officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll, subject to the rights of parents as provided in Section 49068 and in compliance with the requirements in Section 99.34 of Title 34 of the Code of Federal Regulations. This information shall be in addition to the pupils permanent record transferred pursuant to Section 49068.
(G)(i)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.
(ii)Notwithstanding the authorization in Section 99.31(a)(1)(i)(B) of Title 34 of the Code of Federal Regulations, a disclosure pursuant to this subparagraph shall not be permitted to a volunteer or other party.
(3)A person, persons, agency, or organization permitted access to pupil records pursuant to this section shall not permit access to any information obtained from those records by another person, persons, agency, or organization, except for allowable exceptions contained within the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, including this section, and implementing regulations, without the written consent of the pupils parent. This paragraph shall not require prior parental consent when information obtained pursuant to this section is shared with other persons within the educational institution, agency, or organization obtaining access, so long as those persons have a legitimate educational interest in the information pursuant to Section 99.31(a)(1) of Title 34 of the Code of Federal Regulations.
(4)Notwithstanding any other law, a school district, including a county office of education or county superintendent of schools, may participate in an interagency data information system that permits access to a computerized database system within and between governmental agencies or school districts as to information or records that are nonprivileged, and where release is authorized as to the requesting agency under state or federal law or regulation, if each of the following requirements is met:
(A)Each agency and school district shall develop security procedures or devices by which unauthorized personnel cannot access data contained in the system.
(B)Each agency and school district shall develop procedures or devices to secure privileged or confidential data from unauthorized disclosure.
(C)Each school district shall comply with the access log requirements of Section 49064.
(D)The right of access granted shall not include the right to add, delete, or alter data without the written permission of the agency holding the data.
(E)An agency or school district shall not make public or otherwise release information on an individual contained in the database if the information is protected from disclosure or release as to the requesting agency by state or federal law or regulation.
(b)The officials and authorities to whom pupil records are disclosed pursuant to subdivision (e) of Section 48902 and subparagraph (I) of paragraph (1) of subdivision (a) shall certify in writing to the disclosing school district that the information shall not be disclosed to another party, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, without the prior written consent of the parent of the pupil or the person identified as the holder of the pupils educational rights.
(c)(1)A person or party who is not permitted access to pupil records pursuant to subdivision (a) or (b) may request access to pupil records as provided for in paragraph (2).
(2)A local educational agency or other person or party who has received pupil records, or information from pupil records, may release the records or information to a person or party identified in paragraph (1) without the consent of the pupils parent or guardian pursuant to Section 99.31(b) of Title 34 of the Code of Federal Regulations, if the records or information are deidentified, which requires the removal of all personally identifiable information, if the disclosing local educational agency or other person or party has made a reasonable determination that a pupils identity is not personally identifiable, whether through single or multiple releases, and has taken into account other pertinent reasonably available information.
SEC. 1.5.Section 49076 of the Education Code is amended to read:49076.(a)A school district shall not permit access to pupil records to a person without written parental consent or under judicial order except as set forth in this section and as permitted by Part 99 (commencing with Section 99.1) of Title 34 of the Code of Federal Regulations.
(1)Access to those particular records relevant to the legitimate educational interests of the requester shall be permitted to the following:
(A)School officials and employees of the school district, members of a school attendance review board appointed pursuant to Section 48321 who are authorized representatives of the school district, and any volunteer aide, 18 years of age or older, who has been investigated, selected, and trained by a school attendance review board for the purpose of providing followup services to pupils referred to the school attendance review board, provided that the person has a legitimate educational interest to inspect a record.
(B)Officials and employees of other public schools or school systems, including local, county, or state correctional facilities where educational programs leading to high school graduation are provided or where the pupil intends to or is directed to enroll, subject to the rights of parents as provided in Section 49068.
(C)Authorized representatives of the Comptroller General of the United States, the United States Secretary of Education, and state and local educational authorities, or the United States Department of Educations Office for Civil Rights, if the information is necessary to audit or evaluate a state or federally supported educational program, or in connection with the enforcement of, or compliance with, the federal legal requirements that relate to such a program. Records released pursuant to this subparagraph shall comply with the requirements of Section 99.35 of Title 34 of the Code of Federal Regulations.
(D)Other state and local officials to the extent that information is specifically required to be reported pursuant to state law adopted before November 19, 1974.
(E)Parents of a pupil 18 years of age or older who is a dependent as defined in Section 152 of Title 26 of the United States Code.
(F)A pupil 16 years of age or older or having completed the 10th grade.
(G)A district attorney who is participating in or conducting a truancy mediation program pursuant to Section 48263.5 of this code or Section 601.3 of the Welfare and Institutions Code, or participating in the presentation of evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code.
(H)A district attorneys office for consideration against a parent or guardian for failure to comply with the Compulsory Education Law (Chapter 2 (commencing with Section 48200)) or with Compulsory Continuation Education (Chapter 3 (commencing with Section 48400)).
(I)(i)A probation officer, district attorney, or counsel of record for a minor for purposes of conducting a criminal investigation or an investigation in regards to declaring a person a ward of the court or involving a violation of a condition of probation.
(ii)For purposes of this subparagraph, a probation officer, district attorney, and counsel of record for a minor shall be deemed to be local officials for purposes of Section 99.31(a)(5)(i) of Title 34 of the Code of Federal Regulations.
(iii)Pupil records obtained pursuant to this subparagraph shall be subject to the evidentiary rules described in Section 701 of the Welfare and Institutions Code.
(J)A judge or probation officer for the purpose of conducting a truancy mediation program for a pupil, or for purposes of presenting evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code. The judge or probation officer shall certify in writing to the school district that the information will be used only for truancy purposes. A school district releasing pupil information to a judge or probation officer pursuant to this subparagraph shall inform, or provide written notification to, the parent or guardian of the pupil within 24 hours of the release of the information.
(K)A county placing agency when acting as an authorized representative of a state or local educational agency pursuant to subparagraph (C). School districts, county offices of education, and county placing agencies may develop cooperative agreements to facilitate confidential access to and exchange of the pupil information by email, facsimile, electronic format, or other secure means, if the agreement complies with the requirements set forth in Section 99.35 of Title 34 of the Code of Federal Regulations.
(L)A pupil 14 years of age or older who is a foster youth, as defined in subdivision (b) of Section 42238.01, or a pupil 14 years of age or older who meets both of the following criteria:
(i)The pupil is a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
(ii)The pupil is an unaccompanied youth, as defined in paragraph (6) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(6)).
(M)An individual who completes items 1 to 4, inclusive, of the Caregivers Authorization Affidavit, as provided in Section 6552 of the Family Code, and signs the affidavit for the purpose of enrolling a minor in school.
(N)(i)An agency caseworker or other representative of a state or local child welfare agency, or tribal organization, as defined in Section 450b of Title 25 of the United States Code, that has legal responsibility, in accordance with state or tribal law, for the care and protection of the pupil.
(ii)The agency or organization specified in clause (i) may disclose pupil records, or the personally identifiable information contained in those records, to an individual or entity engaged in addressing the pupils educational needs, if the individual or entity is authorized by the agency or organization to receive the disclosure and the information requested is directly related to the assistance provided by that individual or entity. The records, or the personally identifiable information contained in those records, shall not otherwise be disclosed by that agency or organization, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), state law, including paragraph (3), and tribal law.
(O)A foster family agency with jurisdiction over a currently enrolled or former pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelated nonrelative extended family member, or a kinship family, as defined in Section 16519.4 of the Welfare and Institutions Code, a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, or a tribally approved home, as defined in subdivision (r) of Section 224.1 of the Welfare and Institutions Code, pursuant to Section 49069.3 of this code.
(2)School districts may release information from pupil records to the following:
(A)Appropriate persons in connection with an emergency if the knowledge of the information is necessary to protect the health or safety of a pupil or other persons. Schools or school districts releasing information pursuant to this subparagraph shall comply with the requirements set forth in Section 99.32(a)(5) of Title 34 of the Code of Federal Regulations.
(B)Agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid. However, information permitting the personal identification of a pupil or his or her the pupils parents may be disclosed only as may be necessary for purposes as to determine the eligibility of the pupil for financial aid, to determine the amount of the financial aid, to determine the conditions that will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid.
(C)Pursuant to Section 99.37 of Title 34 of the Code of Federal Regulations, a county elections official, for the purpose of identifying pupils eligible to register to vote, or for conducting programs to offer pupils an opportunity to register to vote. The information shall not be used for any other purpose or given or transferred to any other person or agency.
(D)Accrediting associations in order to carry out their accrediting functions.
(E)Organizations conducting studies for, or on behalf of, educational agencies or institutions for purposes of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if the studies are conducted in a manner that will not permit the personal identification of pupils or their parents by persons other than representatives of the organizations, the information will be destroyed when no longer needed for the purpose for which it is obtained, and the organization enters into a written agreement with the educational agency or institution that complies with Section 99.31(a)(6) of Title 34 of the Code of Federal Regulations.
(F)Officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll, subject to the rights of parents as provided in Section 49068 and in compliance with the requirements in Section 99.34 of Title 34 of the Code of Federal Regulations. This information shall be in addition to the pupils permanent record transferred pursuant to Section 49068.
(G)(i)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.
(ii)Notwithstanding the authorization in Section 99.31(a)(1)(i)(B) of Title 34 of the Code of Federal Regulations, a disclosure pursuant to this subparagraph shall not be permitted to a volunteer or other party.
(3)A person, persons, agency, or organization permitted access to pupil records pursuant to this section shall not permit access to any information obtained from those records by another person, persons, agency, or organization, except for allowable exceptions contained within the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, including this section, and implementing regulations, without the written consent of the pupils parent. This paragraph shall not require prior parental consent when information obtained pursuant to this section is shared with other persons within the educational institution, agency, or organization obtaining access, so long as those persons have a legitimate educational interest in the information pursuant to Section 99.31(a)(1) of Title 34 of the Code of Federal Regulations.
(4)Notwithstanding any other law, a school district, including a county office of education or county superintendent of schools, may participate in an interagency data information system that permits access to a computerized database system within and between governmental agencies or school districts as to information or records that are nonprivileged, and where release is authorized as to the requesting agency under state or federal law or regulation, if each of the following requirements is met:
(A)Each agency and school district shall develop security procedures or devices by which unauthorized personnel cannot access data contained in the system.
(B)Each agency and school district shall develop procedures or devices to secure privileged or confidential data from unauthorized disclosure.
(C)Each school district shall comply with the access log requirements of Section 49064.
(D)The right of access granted shall not include the right to add, delete, or alter data without the written permission of the agency holding the data.
(E)An agency or school district shall not make public or otherwise release information on an individual contained in the database if the information is protected from disclosure or release as to the requesting agency by state or federal law or regulation.
(b)The officials and authorities to whom pupil records are disclosed pursuant to subdivision (e) of Section 48902 and subparagraph (I) of paragraph (1) of subdivision (a) shall certify in writing to the disclosing school district that the information shall not be disclosed to another party, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, without the prior written consent of the parent of the pupil or the person identified as the holder of the pupils educational rights.
(c)(1)A person or party who is not permitted access to pupil records pursuant to subdivision (a) or (b) may request access to pupil records as provided for in paragraph (2).
(2)A local educational agency or other person or party who has received pupil records, or information from pupil records, may release the records or information to a person or party identified in paragraph (1) without the consent of the pupils parent or guardian pursuant to Section 99.31(b) of Title 34 of the Code of Federal Regulations, if the records or information are deidentified, which requires the removal of all personally identifiable information, if the disclosing local educational agency or other person or party has made a reasonable determination that a pupils identity is not personally identifiable, whether through single or multiple releases, and has taken into account other pertinent reasonably available information.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3.Section 1.5 of this bill incorporates amendments to Section 49076 of the Education Code proposed by both this bill and Assembly Bill 2478. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 49076 of the Education Code, and (3) this bill is enacted after Assembly Bill 2478, in which case Section 1 of this bill shall not become operative.
(a)A school district shall not permit access to pupil records to a person without written parental consent or under judicial order except as set forth in this section and as permitted by Part 99 (commencing with Section 99.1) of Title 34 of the Code of Federal Regulations.
(1)Access to those particular records relevant to the legitimate educational interests of the requester shall be permitted to the following:
(A)School officials and employees of the school district, members of a school attendance review board appointed pursuant to Section 48321 who are authorized representatives of the school district, and any volunteer aide, 18 years of age or older, who has been investigated, selected, and trained by a school attendance review board for the purpose of providing followup services to pupils referred to the school attendance review board, provided that the person has a legitimate educational interest to inspect a record.
(B)Officials and employees of other public schools or school systems, including local, county, or state correctional facilities where educational programs leading to high school graduation are provided or where the pupil intends to or is directed to enroll, subject to the rights of parents as provided in Section 49068.
(C)Authorized representatives of the Comptroller General of the United States, the United States Secretary of Education, and state and local educational authorities, or the United States Department of Educations Office for Civil Rights, if the information is necessary to audit or evaluate a state or federally supported educational program, or in connection with the enforcement of, or compliance with, the federal legal requirements that relate to such a program. Records released pursuant to this subparagraph shall comply with the requirements of Section 99.35 of Title 34 of the Code of Federal Regulations.
(D)Other state and local officials to the extent that information is specifically required to be reported pursuant to state law adopted before November 19, 1974.
(E)Parents of a pupil 18 years of age or older who is a dependent as defined in Section 152 of Title 26 of the United States Code.
(F)A pupil 16 years of age or older or having completed the 10th grade.
(G)A district attorney who is participating in or conducting a truancy mediation program pursuant to Section 48263.5 of this code or Section 601.3 of the Welfare and Institutions Code, or participating in the presentation of evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code.
(H)A district attorneys office for consideration against a parent or guardian for failure to comply with the Compulsory Education Law (Chapter 2 (commencing with Section 48200)) or with Compulsory Continuation Education (Chapter 3 (commencing with Section 48400)).
(I)(i)A probation officer, district attorney, or counsel of record for a minor for purposes of conducting a criminal investigation or an investigation in regards to declaring a person a ward of the court or involving a violation of a condition of probation.
(ii)For purposes of this subparagraph, a probation officer, district attorney, and counsel of record for a minor shall be deemed to be local officials for purposes of Section 99.31(a)(5)(i) of Title 34 of the Code of Federal Regulations.
(iii)Pupil records obtained pursuant to this subparagraph shall be subject to the evidentiary rules described in Section 701 of the Welfare and Institutions Code.
(J)A judge or probation officer for the purpose of conducting a truancy mediation program for a pupil, or for purposes of presenting evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code. The judge or probation officer shall certify in writing to the school district that the information will be used only for truancy purposes. A school district releasing pupil information to a judge or probation officer pursuant to this subparagraph shall inform, or provide written notification to, the parent or guardian of the pupil within 24 hours of the release of the information.
(K)A county placing agency when acting as an authorized representative of a state or local educational agency pursuant to subparagraph (C). School districts, county offices of education, and county placing agencies may develop cooperative agreements to facilitate confidential access to and exchange of the pupil information by email, facsimile, electronic format, or other secure means, if the agreement complies with the requirements set forth in Section 99.35 of Title 34 of the Code of Federal Regulations.
(L)A pupil 14 years of age or older who is a foster youth, as defined in subdivision (b) of Section 42238.01, or a pupil 14 years of age or older who meets both of the following criteria:
(i)The pupil is a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
(ii)The pupil is an unaccompanied youth, as defined in paragraph (6) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(6)).
(M)An individual who completes items 1 to 4, inclusive, of the Caregivers Authorization Affidavit, as provided in Section 6552 of the Family Code, and signs the affidavit for the purpose of enrolling a minor in school.
(N)(i)An agency caseworker or other representative of a state or local child welfare agency, or tribal organization, as defined in Section 450b of Title 25 of the United States Code, that has legal responsibility, in accordance with state or tribal law, for the care and protection of the pupil.
(ii)The agency or organization specified in clause (i) may disclose pupil records, or the personally identifiable information contained in those records, to an individual or entity engaged in addressing the pupils educational needs, if the individual or entity is authorized by the agency or organization to receive the disclosure and the information requested is directly related to the assistance provided by that individual or entity. The records, or the personally identifiable information contained in those records, shall not otherwise be disclosed by that agency or organization, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), state law, including paragraph (3), and tribal law.
(O)A foster family agency with jurisdiction over a currently enrolled or former pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelated extended family member, or a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, pursuant to Section 49069.3 of this code.
(2)School districts may release information from pupil records to the following:
(A)Appropriate persons in connection with an emergency if the knowledge of the information is necessary to protect the health or safety of a pupil or other persons. Schools or school districts releasing information pursuant to this subparagraph shall comply with the requirements set forth in Section 99.32(a)(5) of Title 34 of the Code of Federal Regulations.
(B)Agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid. However, information permitting the personal identification of a pupil or the pupils parents may be disclosed only as may be necessary for purposes as to determine the eligibility of the pupil for financial aid, to determine the amount of the financial aid, to determine the conditions that will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid.
(C)Pursuant to Section 99.37 of Title 34 of the Code of Federal Regulations, a county elections official, for the purpose of identifying pupils eligible to register to vote, or for conducting programs to offer pupils an opportunity to register to vote. The information shall not be used for any other purpose or given or transferred to any other person or agency.
(D)Accrediting associations in order to carry out their accrediting functions.
(E)Organizations conducting studies for, or on behalf of, educational agencies or institutions for purposes of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if the studies are conducted in a manner that will not permit the personal identification of pupils or their parents by persons other than representatives of the organizations, the information will be destroyed when no longer needed for the purpose for which it is obtained, and the organization enters into a written agreement with the educational agency or institution that complies with Section 99.31(a)(6) of Title 34 of the Code of Federal Regulations.
(F)Officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll, subject to the rights of parents as provided in Section 49068 and in compliance with the requirements in Section 99.34 of Title 34 of the Code of Federal Regulations. This information shall be in addition to the pupils permanent record transferred pursuant to Section 49068.
(G)(i)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.
(ii)Notwithstanding the authorization in Section 99.31(a)(1)(i)(B) of Title 34 of the Code of Federal Regulations, a disclosure pursuant to this subparagraph shall not be permitted to a volunteer or other party.
(3)A person, persons, agency, or organization permitted access to pupil records pursuant to this section shall not permit access to any information obtained from those records by another person, persons, agency, or organization, except for allowable exceptions contained within the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, including this section, and implementing regulations, without the written consent of the pupils parent. This paragraph shall not require prior parental consent when information obtained pursuant to this section is shared with other persons within the educational institution, agency, or organization obtaining access, so long as those persons have a legitimate educational interest in the information pursuant to Section 99.31(a)(1) of Title 34 of the Code of Federal Regulations.
(4)Notwithstanding any other law, a school district, including a county office of education or county superintendent of schools, may participate in an interagency data information system that permits access to a computerized database system within and between governmental agencies or school districts as to information or records that are nonprivileged, and where release is authorized as to the requesting agency under state or federal law or regulation, if each of the following requirements is met:
(A)Each agency and school district shall develop security procedures or devices by which unauthorized personnel cannot access data contained in the system.
(B)Each agency and school district shall develop procedures or devices to secure privileged or confidential data from unauthorized disclosure.
(C)Each school district shall comply with the access log requirements of Section 49064.
(D)The right of access granted shall not include the right to add, delete, or alter data without the written permission of the agency holding the data.
(E)An agency or school district shall not make public or otherwise release information on an individual contained in the database if the information is protected from disclosure or release as to the requesting agency by state or federal law or regulation.
(b)The officials and authorities to whom pupil records are disclosed pursuant to subdivision (e) of Section 48902 and subparagraph (I) of paragraph (1) of subdivision (a) shall certify in writing to the disclosing school district that the information shall not be disclosed to another party, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, without the prior written consent of the parent of the pupil or the person identified as the holder of the pupils educational rights.
(c)(1)A person or party who is not permitted access to pupil records pursuant to subdivision (a) or (b) may request access to pupil records as provided for in paragraph (2).
(2)A local educational agency or other person or party who has received pupil records, or information from pupil records, may release the records or information to a person or party identified in paragraph (1) without the consent of the pupils parent or guardian pursuant to Section 99.31(b) of Title 34 of the Code of Federal Regulations, if the records or information are deidentified, which requires the removal of all personally identifiable information, if the disclosing local educational agency or other person or party has made a reasonable determination that a pupils identity is not personally identifiable, whether through single or multiple releases, and has taken into account other pertinent reasonably available information.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A school district shall not permit access to pupil records to a person without written parental consent or under judicial order except as set forth in this section and as permitted by Part 99 (commencing with Section 99.1) of Title 34 of the Code of Federal Regulations.
(1)Access to those particular records relevant to the legitimate educational interests of the requester shall be permitted to the following:
(A)School officials and employees of the school district, members of a school attendance review board appointed pursuant to Section 48321 who are authorized representatives of the school district, and any volunteer aide, 18 years of age or older, who has been investigated, selected, and trained by a school attendance review board for the purpose of providing followup services to pupils referred to the school attendance review board, provided that the person has a legitimate educational interest to inspect a record.
(B)Officials and employees of other public schools or school systems, including local, county, or state correctional facilities where educational programs leading to high school graduation are provided or where the pupil intends to or is directed to enroll, subject to the rights of parents as provided in Section 49068.
(C)Authorized representatives of the Comptroller General of the United States, the United States Secretary of Education, and state and local educational authorities, or the United States Department of Educations Office for Civil Rights, if the information is necessary to audit or evaluate a state or federally supported educational program, or in connection with the enforcement of, or compliance with, the federal legal requirements that relate to such a program. Records released pursuant to this subparagraph shall comply with the requirements of Section 99.35 of Title 34 of the Code of Federal Regulations.
(D)Other state and local officials to the extent that information is specifically required to be reported pursuant to state law adopted before November 19, 1974.
(E)Parents of a pupil 18 years of age or older who is a dependent as defined in Section 152 of Title 26 of the United States Code.
(F)A pupil 16 years of age or older or having completed the 10th grade.
(G)A district attorney who is participating in or conducting a truancy mediation program pursuant to Section 48263.5 of this code or Section 601.3 of the Welfare and Institutions Code, or participating in the presentation of evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code.
(H)A district attorneys office for consideration against a parent or guardian for failure to comply with the Compulsory Education Law (Chapter 2 (commencing with Section 48200)) or with Compulsory Continuation Education (Chapter 3 (commencing with Section 48400)).
(I)(i)A probation officer, district attorney, or counsel of record for a minor for purposes of conducting a criminal investigation or an investigation in regards to declaring a person a ward of the court or involving a violation of a condition of probation.
(ii)For purposes of this subparagraph, a probation officer, district attorney, and counsel of record for a minor shall be deemed to be local officials for purposes of Section 99.31(a)(5)(i) of Title 34 of the Code of Federal Regulations.
(iii)Pupil records obtained pursuant to this subparagraph shall be subject to the evidentiary rules described in Section 701 of the Welfare and Institutions Code.
(J)A judge or probation officer for the purpose of conducting a truancy mediation program for a pupil, or for purposes of presenting evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code. The judge or probation officer shall certify in writing to the school district that the information will be used only for truancy purposes. A school district releasing pupil information to a judge or probation officer pursuant to this subparagraph shall inform, or provide written notification to, the parent or guardian of the pupil within 24 hours of the release of the information.
(K)A county placing agency when acting as an authorized representative of a state or local educational agency pursuant to subparagraph (C). School districts, county offices of education, and county placing agencies may develop cooperative agreements to facilitate confidential access to and exchange of the pupil information by email, facsimile, electronic format, or other secure means, if the agreement complies with the requirements set forth in Section 99.35 of Title 34 of the Code of Federal Regulations.
(L)A pupil 14 years of age or older who is a foster youth, as defined in subdivision (b) of Section 42238.01, or who meets both of the following criteria:
(i)The pupil is a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
(ii)The pupil is an unaccompanied youth, as defined in paragraph (6) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(6)).
(M)An individual who completes items 1 to 4, inclusive, of the Caregivers Authorization Affidavit, as provided in Section 6552 of the Family Code, and signs the affidavit for the purpose of enrolling a minor in school.
(N)(i)An agency caseworker or other representative of a state or local child welfare agency, or tribal organization, as defined in Section 450b of Title 25 of the United States Code, that has legal responsibility, in accordance with state or tribal law, for the care and protection of the pupil.
(ii)The agency or organization specified in clause (i) may disclose pupil records, or the personally identifiable information contained in those records, to an individual or entity engaged in addressing the pupils educational needs, if the individual or entity is authorized by the agency or organization to receive the disclosure and the information requested is directly related to the assistance provided by that individual or entity. The records, or the personally identifiable information contained in those records, shall not otherwise be disclosed by that agency or organization, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), state law, including paragraph (3), and tribal law.
(O)A foster family agency with jurisdiction over a currently enrolled or former pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelated extended family member, or a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, pursuant to Section 49069.3 of this code.
(2)School districts may release information from pupil records to the following:
(A)Appropriate persons in connection with an emergency if the knowledge of the information is necessary to protect the health or safety of a pupil or other persons. Schools or school districts releasing information pursuant to this subparagraph shall comply with the requirements set forth in Section 99.32(a)(5) of Title 34 of the Code of Federal Regulations.
(B)Agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid. However, information permitting the personal identification of a pupil or his or her the pupils parents may be disclosed only as may be necessary for purposes as to determine the eligibility of the pupil for financial aid, to determine the amount of the financial aid, to determine the conditions that will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid.
(C)Pursuant to Section 99.37 of Title 34 of the Code of Federal Regulations, a county elections official, for the purpose of identifying pupils eligible to register to vote, or for conducting programs to offer pupils an opportunity to register to vote. The information shall not be used for any other purpose or given or transferred to any other person or agency.
(D)Accrediting associations in order to carry out their accrediting functions.
(E)Organizations conducting studies for, or on behalf of, educational agencies or institutions for purposes of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if the studies are conducted in a manner that will not permit the personal identification of pupils or their parents by persons other than representatives of the organizations, the information will be destroyed when no longer needed for the purpose for which it is obtained, and the organization enters into a written agreement with the educational agency or institution that complies with Section 99.31(a)(6) of Title 34 of the Code of Federal Regulations.
(F)Officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll, subject to the rights of parents as provided in Section 49068 and in compliance with the requirements in Section 99.34 of Title 34 of the Code of Federal Regulations. This information shall be in addition to the pupils permanent record transferred pursuant to Section 49068.
(G)(i)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.
(ii)Notwithstanding the authorization in Section 99.31(a)(1)(i)(B) of Title 34 of the Code of Federal Regulations, a disclosure pursuant to this subparagraph shall not be permitted to a volunteer or other party.
(3)A person, persons, agency, or organization permitted access to pupil records pursuant to this section shall not permit access to any information obtained from those records by another person, persons, agency, or organization, except for allowable exceptions contained within the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, including this section, and implementing regulations, without the written consent of the pupils parent. This paragraph shall not require prior parental consent when information obtained pursuant to this section is shared with other persons within the educational institution, agency, or organization obtaining access, so long as those persons have a legitimate educational interest in the information pursuant to Section 99.31(a)(1) of Title 34 of the Code of Federal Regulations.
(4)Notwithstanding any other law, a school district, including a county office of education or county superintendent of schools, may participate in an interagency data information system that permits access to a computerized database system within and between governmental agencies or school districts as to information or records that are nonprivileged, and where release is authorized as to the requesting agency under state or federal law or regulation, if each of the following requirements is met:
(A)Each agency and school district shall develop security procedures or devices by which unauthorized personnel cannot access data contained in the system.
(B)Each agency and school district shall develop procedures or devices to secure privileged or confidential data from unauthorized disclosure.
(C)Each school district shall comply with the access log requirements of Section 49064.
(D)The right of access granted shall not include the right to add, delete, or alter data without the written permission of the agency holding the data.
(E)An agency or school district shall not make public or otherwise release information on an individual contained in the database if the information is protected from disclosure or release as to the requesting agency by state or federal law or regulation.
(b)The officials and authorities to whom pupil records are disclosed pursuant to subdivision (e) of Section 48902 and subparagraph (I) of paragraph (1) of subdivision (a) shall certify in writing to the disclosing school district that the information shall not be disclosed to another party, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, without the prior written consent of the parent of the pupil or the person identified as the holder of the pupils educational rights.
(c)(1)A person or party who is not permitted access to pupil records pursuant to subdivision (a) or (b) may request access to pupil records as provided for in paragraph (2).
(2)A local educational agency or other person or party who has received pupil records, or information from pupil records, may release the records or information to a person or party identified in paragraph (1) without the consent of the pupils parent or guardian pursuant to Section 99.31(b) of Title 34 of the Code of Federal Regulations, if the records or information are deidentified, which requires the removal of all personally identifiable information, if the disclosing local educational agency or other person or party has made a reasonable determination that a pupils identity is not personally identifiable, whether through single or multiple releases, and has taken into account other pertinent reasonably available information.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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Date
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Status
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|---|---|
| Sep 30, 2026 | Chaptered by Secretary of State. Chapter 998, Statutes of 2026. |
| Sep 30, 2026 | Approved by the Governor. |
| Sep 2, 2026 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 27, 2026 | Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5986.) Ordered to engrossing and enrolling. |
| Aug 27, 2026 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 26, 2026 | Ordered to special consent calendar. |
| Aug 24, 2026 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 24, 2026 | Read third time. Passed. (Ayes 78. Noes 0. Page 6385.) Ordered to the Senate. |
| Aug 24, 2026 | Read third time. Passed. Ordered to the Senate. |
| Aug 20, 2026 | Read third time and amended. |
| Aug 20, 2026 | Ordered to third reading. |
| Aug 13, 2026 | Ordered to third reading. |
| Aug 13, 2026 | From consent calendar on motion of Assembly Member Aguiar-Curry. |
| Aug 6, 2026 | Read second time. Ordered to consent calendar. |
| Aug 5, 2026 | From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 5). |
| Jun 22, 2026 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 18, 2026 | From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 8. Noes 0.) (June 17). |
| May 4, 2026 | Referred to Com. on ED. |
| Apr 16, 2026 | In Assembly. Read first time. Held at Desk. |
| Apr 16, 2026 | Read third time. Passed. (Ayes 38. Noes 0.) Ordered to the Assembly. |
| Apr 16, 2026 | Read third time. Passed. (Ayes 38. Noes 0. Page 3920.) Ordered to the Assembly. |
| Apr 14, 2026 | Read second time. Ordered to consent calendar. |
| Apr 13, 2026 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Mar 27, 2026 | Set for hearing April 13. |
| Mar 18, 2026 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (March 18). Re-referred to Com. on APPR. |
| Mar 18, 2026 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 3600.) (March 18). Re-referred to Com. on APPR. |
| Mar 5, 2026 | Set for hearing March 18. |
| Feb 18, 2026 | Referred to Com. on ED. |
| Feb 11, 2026 | From printer. May be acted upon on or after March 13. |
| Feb 10, 2026 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 27, 2026 | Special Consent SB1017 Reyes et al. | Senate Floor |
Passed |
|
| Aug 24, 2026 | SB 1017 Reyes Senate Third Reading By Ahrens | Assembly Floor |
Passed |
|
| Aug 5, 2026 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 17, 2026 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Education |
Passed |
|
| Apr 16, 2026 | Consent Calendar 2nd SB1017 Reyes et al. | Senate Floor |
Passed |
|
| Mar 18, 2026 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alameda County Office Of Education | ** Support | |
| Association Of California School Administrators | ** Support | |
| California County Superintendents | ** Support | |
| California State Parent Teacher Association | ** Support | |
| Children’s Law Center of California | ** Support | |
| Fresno County Office Of Education | ** Support | |
| Fresno Unified School District | ** Support | |
| John Burton Advocates for Youth | ** Support | |
| Kern County Superintendent of Schools Office | ** Support | |
| Los Angeles County Office Of Education | ** Support | |
| Office of the Riverside County Superintendent of Schools | ** Support | |
| Riverside County Office of Education (sponsor) | ** Support | |
| San Bernardino County District Advocates for Better Schools | ** Support | |
| San Bernardino County Superintendent Of Schools | ** Support | |
| San Francisco Unified School District | ** Support | |
| San Mateo County Office Of Education | ** Support | |
| Santa Clara County Office Of Education | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 1017 |
UNFINISHED BUSINESS
Bill No: SB 1017
Author: Reyes (D), et al.
Amended: 8/20/26
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 3/18/26
AYES: Pérez, Ochoa Bogh, Cabaldon, Choi, Cortese, Gonzalez, Reyes
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 38-0, 4/16/26 (Consent)
AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
NO VOTE RECORDED: Menjivar, Seyarto
ASSEMBLY FLOOR: 78-0, 8/24/26 - See last page for vote
SUBJECT: Pupils: foster youth: access to pupil records
SOURCE: Office of the Riverside County Superintendent of Schools
DIGEST:
This bill expands the existing list of individuals to whom a school district, if requested, must provide student record access to include a pupil aged 14 or older who is a foster youth, as specified.
Assembly Amendments
1) clarify that both foster care and homeless youth must be 14 years of age or older to access their educational records and 2) add double-jointing language to ensure that the amendments made by both this bill and AB 2478 (Schultz, 2026) to Education Code Section 49076 become operative if both bills are enacted, and this bill is enacted last.
ANALYSIS:
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 (USC), Title 20, Section 1232g and Code of Federal Regulations, Title 34, Sections 99.31)
- The federal Uninterrupted Scholars Act amended FERPA to require school districts to allow access to pupil records to an agency caseworker or other representative of a state or local child welfare agency, or tribal organization, who has the right to access a pupil’s case plan, when such agency or organization is legally responsible for the care and protection of the pupil. The Uninterrupted Scholars Act prohibits the records or information from being disclosed by the agency or organization except to an individual or entity engaged in addressing the pupil’s educational needs and authorized by such agency or organization to receive such disclosure and the disclosure is consistent with applicable state or tribal laws protecting the confidentiality of a pupil’s education records. (20 USC § 1232g(b)(L))
Existing state law:
- Defines “foster youth” to mean any of the following:
- A child who is the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code (WIC), whether or not the child has been removed from the child’s home by the juvenile court, as specified.
- A child who is the subject of a petition filed pursuant to Section 602 of the WIC, has been removed from the child’s home by the juvenile court, as specified, and is in foster care, as specified.
- A nonminor under the transition jurisdiction of the juvenile court, who satisfies specified criteria.
- A dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal court’s jurisdiction in accordance with the tribe’s law.
- A child who is the subject of a voluntary placement agreement, as specified. (Education Code (EC) § 42238.01)
- Authorizes foster family agencies with jurisdiction over currently enrolled or former students to access records of grades and transcripts, and any individualized education program that may have been developed by school districts or private schools of those students. (EC § 49069.3)
- Prohibits a school district from permitting access to pupil records to a person without parental consent or under judicial order, with some exceptions including a county placing agency; an agency caseworker or other representative of a child welfare agency; a pupil who is 16 years or older and has completed grade 10; or a pupil 14 years of age who is a homeless child or youth, or an unaccompanied youth, as defined. (EC § 49076)
- Requires, when a child is placed in foster care, the case plan for each child to include a summary of the health and education information or records, and include specified information. Existing law also requires the health and education summary to be provided to the caregiver within a specified timeframe after placement. (WIC § 16010)
- States legislative intent that caregivers who are informed of the child’s educational, medical, dental, and mental health history and current needs are better able to meet those needs and address the effects of trauma, increasing placement stability and improving permanency outcomes. (WIC § 827.11)
- Establishes a number of rights for students in foster care. Among them are rights to immediate enrollment, rights to have educational records transferred in a timely manner, rights to remain in students’ schools of origin, rights to exemptions from locally adopted graduation requirements in excess of state requirements, and the right to have partial credit awarded for coursework. (WIC §16001.9)
This bill requires school districts to provide foster youth aged 14 and older access to their student records, at their request.
Comments
Need for the bill. According to the author, “Foster youth face a number of obstacles across their lives beginning at an early age. Far too often, these obstacles lead to educational disparities that impact their ability to succeed and thrive after they transition out of the system. According to the California Department of Education (CDE), only 60% of foster youth graduate from high school statewide, compared to 86% of non-foster youth. Frequent school changes compound these challenges—children in foster care move schools an average of eight times, losing up to six months of learning with each move.
“Currently, homeless students and unaccompanied youth aged 14 or older have access to their education records. This access helps mitigate disruptions caused by frequent school changes and lack of consistent adult guidance. However, that is not the case for foster students as they can only access their school records if they are 16 years or older. SB 1017 would grant foster youth the same rights provided to homeless students and unaccompanied youth, the ability to access their school records at 14 years old. Timely access to records empowers students to make informed decisions during critical transitions and reinforces the state’s commitment to ensuring that foster youth are not disadvantaged by circumstances beyond their control. At the forefront of equity is protecting and advocating for our most vulnerable population, and SB 1017 is a step forward in ensuring foster youth have the resources they need to live a successful life.”
Existing authorizations. Current law recognizes two special circumstances under which pupils age 14 and older should have access to their educational records—when the pupil has been identified as an unaccompanied youth or a homeless youth. This authorization originated from the concern that unaccompanied or homeless youth who do not have parents who are willing or able to consent to a school district sharing their educational records would not be able to access services such as Boys and Girls Clubs, tutoring programs, and legal services offered by non-school district agencies. Educational records are vital in these circumstances because tutors and other service providers need information such as test scores, credit progress, and special education context in order to provide specialized support.
Currently, foster youth aged 16 or younger can have educational records accessed on their behalf by authorized individuals such as foster parents or resource families. However, due to issues with school mobility and changing care placements, they may experience delays in record requests which can lead to service interruptions and uncertainty in graduation preparation.
This bill brings the education record access authorization for foster youth aged 14 and older into alignment with their peers who have been identified as unaccompanied or homeless youth.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee:
- Potentially reimbursable Proposition 98 General Fund costs, likely minor, to local education agencies to provide additional student records. These costs would be reimbursable only to the extent a local agency files a claim and the Commission on State Mandates determines it is a reimbursable cost.
SUPPORT: (Verified 8/24/26)
Office of the Riverside County Superintendent of Schools (source)
Alameda County Office of Education
Association of California School Administrators
Children’s Law Center of California
Fresno County Office of Education
John Burton Advocates for Youth
Kern County Superintendent of Schools Office
San Bernardino County District Advocates for Better Schools
San Bernardino County Superintendent of Schools
San Mateo County Office of Education
OPPOSITION: (Verified 8/24/26)
None received
ASSEMBLY FLOOR: 78-0, 8/24/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: McKinnor
Prepared by: Therresa Austin / ED. / (916) 651-4105
9/14/26 11:46:18
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 1017 |
UNFINISHED BUSINESS
Bill No: SB 1017
Author: Reyes (D), et al.
Amended: 8/20/26
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 3/18/26
AYES: Pérez, Ochoa Bogh, Cabaldon, Choi, Cortese, Gonzalez, Reyes
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 38-0, 4/16/26 (Consent)
AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
NO VOTE RECORDED: Menjivar, Seyarto
ASSEMBLY FLOOR: Passed, 8/24/26
SUBJECT: Pupils: foster youth: access to pupil records
SOURCE: Office of the Riverside County Superintendent of Schools
DIGEST:
This bill expands the existing list of individuals to whom a school district, if requested, must provide student record access to include a pupil aged 14 or older who is a foster youth, as specified.
Assembly Amendments
1) clarify that both foster care and homeless youth must be 14 years of age or older to access their educational records and 2) add double-jointing language to ensure that the amendments made by both this bill and AB 2478 (Schultz, 2026) to Education Code Section 49076 become operative if both bills are enacted, and this bill is enacted last.
ANALYSIS:
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 (USC), Title 20, Section 1232g and Code of Federal Regulations, Title 34, Sections 99.31)
- The federal Uninterrupted Scholars Act amended FERPA to require school districts to allow access to pupil records to an agency caseworker or other representative of a state or local child welfare agency, or tribal organization, who has the right to access a pupil’s case plan, when such agency or organization is legally responsible for the care and protection of the pupil. The Uninterrupted Scholars Act prohibits the records or information from being disclosed by the agency or organization except to an individual or entity engaged in addressing the pupil’s educational needs and authorized by such agency or organization to receive such disclosure and the disclosure is consistent with applicable state or tribal laws protecting the confidentiality of a pupil’s education records. (20 USC § 1232g(b)(L))
Existing state law:
- Defines “foster youth” to mean any of the following:
- A child who is the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code (WIC), whether or not the child has been removed from the child’s home by the juvenile court, as specified.
- A child who is the subject of a petition filed pursuant to Section 602 of the WIC, has been removed from the child’s home by the juvenile court, as specified, and is in foster care, as specified.
- A nonminor under the transition jurisdiction of the juvenile court, who satisfies specified criteria.
- A dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal court’s jurisdiction in accordance with the tribe’s law.
- A child who is the subject of a voluntary placement agreement, as specified. (Education Code (EC) § 42238.01)
- Authorizes foster family agencies with jurisdiction over currently enrolled or former students to access records of grades and transcripts, and any individualized education program that may have been developed by school districts or private schools of those students. (EC § 49069.3)
- Prohibits a school district from permitting access to pupil records to a person without parental consent or under judicial order, with some exceptions including a county placing agency; an agency caseworker or other representative of a child welfare agency; a pupil who is 16 years or older and has completed grade 10; or a pupil 14 years of age who is a homeless child or youth, or an unaccompanied youth, as defined. (EC § 49076)
- Requires, when a child is placed in foster care, the case plan for each child to include a summary of the health and education information or records, and include specified information. Existing law also requires the health and education summary to be provided to the caregiver within a specified timeframe after placement. (WIC § 16010)
- States legislative intent that caregivers who are informed of the child’s educational, medical, dental, and mental health history and current needs are better able to meet those needs and address the effects of trauma, increasing placement stability and improving permanency outcomes. (WIC § 827.11)
- Establishes a number of rights for students in foster care. Among them are rights to immediate enrollment, rights to have educational records transferred in a timely manner, rights to remain in students’ schools of origin, rights to exemptions from locally adopted graduation requirements in excess of state requirements, and the right to have partial credit awarded for coursework. (WIC §16001.9)
This bill requires school districts to provide foster youth aged 14 and older access to their student records, at their request.
Comments
Need for the bill. According to the author, “Foster youth face a number of obstacles across their lives beginning at an early age. Far too often, these obstacles lead to educational disparities that impact their ability to succeed and thrive after they transition out of the system. According to the California Department of Education (CDE), only 60% of foster youth graduate from high school statewide, compared to 86% of non-foster youth. Frequent school changes compound these challenges—children in foster care move schools an average of eight times, losing up to six months of learning with each move.
“Currently, homeless students and unaccompanied youth aged 14 or older have access to their education records. This access helps mitigate disruptions caused by frequent school changes and lack of consistent adult guidance. However, that is not the case for foster students as they can only access their school records if they are 16 years or older. SB 1017 would grant foster youth the same rights provided to homeless students and unaccompanied youth, the ability to access their school records at 14 years old. Timely access to records empowers students to make informed decisions during critical transitions and reinforces the state’s commitment to ensuring that foster youth are not disadvantaged by circumstances beyond their control. At the forefront of equity is protecting and advocating for our most vulnerable population, and SB 1017 is a step forward in ensuring foster youth have the resources they need to live a successful life.”
Existing authorizations. Current law recognizes two special circumstances under which pupils age 14 and older should have access to their educational records—when the pupil has been identified as an unaccompanied youth or a homeless youth. This authorization originated from the concern that unaccompanied or homeless youth who do not have parents who are willing or able to consent to a school district sharing their educational records would not be able to access services such as Boys and Girls Clubs, tutoring programs, and legal services offered by non-school district agencies. Educational records are vital in these circumstances because tutors and other service providers need information such as test scores, credit progress, and special education context in order to provide specialized support.
Currently, foster youth aged 16 or younger can have educational records accessed on their behalf by authorized individuals such as foster parents or resource families. However, due to issues with school mobility and changing care placements, they may experience delays in record requests which can lead to service interruptions and uncertainty in graduation preparation.
This bill brings the education record access authorization for foster youth aged 14 and older into alignment with their peers who have been identified as unaccompanied or homeless youth.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee:
- Potentially reimbursable Proposition 98 General Fund costs, likely minor, to local education agencies to provide additional student records. These costs would be reimbursable only to the extent a local agency files a claim and the Commission on State Mandates determines it is a reimbursable cost.
SUPPORT: (Verified 8/24/26)
Office of the Riverside County Superintendent of Schools (source)
Alameda County Office of Education
Association of California School Administrators
Children’s Law Center of California
Fresno County Office of Education
John Burton Advocates for Youth
Kern County Superintendent of Schools Office
San Bernardino County District Advocates for Better Schools
San Bernardino County Superintendent of Schools
San Mateo County Office of Education
OPPOSITION: (Verified 8/24/26)
None received
Prepared by: Therresa Austin / ED. / (916) 651-4105
8/24/26 16:43:21
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1017
Author:(Reyes)
As Amended Ver:June 22, 2026
Majority vote
SUMMARY
Authorizes foster youth aged 14 years or older to access their educational records.
Major Provisions
- Defines foster youth in accordance with existing law.
- Requires school districts to provide foster youth aged 14 and older access to their student records upon request.
- Includes double-jointing language to ensure that the amendments made by both this bill and AB 2478 (Schultz) to Education Code Section 49076 become operative if both bills are enacted and this bill is enacted last.
COMMENTS
Age at which students may currently access their educational records. Students may access their own educational records when they are 16 years of age or have completed 10th grade. Prior to this age, parents or legal guardians are able to request and view their student’s educational records. Homeless unaccompanied youth are an exception, and may access their educational records at age 14. This authorization was granted partially under the rationale that these students do not have a parent or guardian who can access their educational records for them, making it difficult for students to obtain records they need to advocate for themselves and receive support services (AB 1068 (Bloom), Chapter 713, Statutes of 2013).
This bill would afford foster youth the same rights as homeless youth to access their educational records at age 14, rather than age 16.
Foster youth are more mobile than other students. According to the American Institutes for Research, nearly 40,000 students in foster care were enrolled in California public schools in the 2023-24 school year (Gao et. al., 2025). Of these students, 31% changed schools during the year, and the majority of these changes were to a different district or county. For comparison, 6% of total students statewide changed schools in during the same period.
Current law allows foster parents, relative caregivers, and representatives of state and local child welfare agencies managing the student's care to access the student’s educational records. However, changes in foster care placements and moving between schools can leave foster care students without a consistent guardian able to request educational records. Allowing these students to access and maintain their own educational records may empower them to better advocate for their needs as they move through their education.
According to the Author
Foster youth face a number of obstacles across their lives beginning at an early age. Far too often, these obstacles lead to educational disparities that impact their ability to succeed and thrive after they transition out of the system. According to the California Department of Education (CDE), only 60 percent of foster youth graduate from high school statewide, compared to 86 percent of non-foster youth. Frequent school changes compound these challenges—children in foster care move schools an average of eight times, losing up to six months of learning with each move.
Arguments in Support
According to the Association of California School Administrators, ″Under current law, access to pupil records is generally limited and often requires parent or guardian involvement. While certain students—such as unaccompanied homeless youth—may access records beginning at age 14, the scope for foster youth has not been clearly defined. SB 1017 addresses this gap by aligning foster youth with existing standards and tying eligibility to the full statutory definition in Education Code Section 42238.01(b).
By tying eligibility to the full statutory definition, the bill provides greater clarity and ensures that additional groups of foster youth—such as nonminor dependents, youth under tribal court jurisdiction, those in voluntary placements, and those involved in the juvenile justice system—are included. This clarity will support more consistent implementation and help ensure eligible students are not inadvertently excluded. Expanding access to pupil records also promotes educational continuity and supports foster youth in navigating school transitions and accessing critical services.″
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, ″Potentially reimbursable Proposition 98 General Fund costs, likely minor, to local education agencies to provide additional student records. These costs would be reimbursable only to the extent a local agency files a claim and the Commission on State Mandates determines it is a reimbursable cost.″
VOTES
SENATE FLOOR: 38-0-2
YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
ABS, ABST OR NV: Menjivar, Seyarto
ASM EDUCATION: 8-0-1
YES: Patel, Hoover, Ahrens, Bonta, Castillo, Garcia, Lowenthal, Pellerin
ABS, ABST OR NV: Zbur
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Hoover, Arambula, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa
UPDATED
VERSION: June 22, 2026
CONSULTANT: Sarah Cate Hawthorne / ED. / (916) 319-2087 FN: 0003942
SENATE THIRD READING
STR Bill Id:SB 1017
Author:(Reyes)
As Amended Ver:August 20, 2026
Majority vote
SUMMARY
Authorizes foster youth aged 14 years or older to access their educational records.
Major Provisions
- Defines foster youth in accordance with existing law.
- Requires school districts to provide foster youth aged 14 and older access to their student records upon request.
- Includes double-jointing language to ensure that the amendments made by both this bill and AB 2478 (Schultz) to Education Code Section 49076 become operative if both bills are enacted and this bill is enacted last.
COMMENTS
Age at which students may currently access their educational records. Students may access their own educational records when they are 16 years of age or have completed 10th grade. Prior to this age, parents or legal guardians are able to request and view their student’s educational records. Homeless unaccompanied youth are an exception, and may access their educational records at age 14. This authorization was granted partially under the rationale that these students do not have a parent or guardian who can access their educational records for them, making it difficult for students to obtain records they need to advocate for themselves and receive support services (AB 1068 (Bloom), Chapter 713, Statutes of 2013).
This bill would afford foster youth the same rights as homeless youth to access their educational records at age 14, rather than age 16.
Foster youth are more mobile than other students. According to the American Institutes for Research, nearly 40,000 students in foster care were enrolled in California public schools in the 2023-24 school year (Gao et. al., 2025). Of these students, 31% changed schools during the year, and the majority of these changes were to a different district or county. For comparison, 6% of total students statewide changed schools in during the same period.
Current law allows foster parents, relative caregivers, and representatives of state and local child welfare agencies managing the student’s care to access the student’s educational records. However, changes in foster care placements and moving between schools can leave foster care students without a consistent guardian able to request educational records. Allowing these students to access and maintain their own educational records may empower them to better advocate for their needs as they move through their education.
According to the Author
Foster youth face a number of obstacles across their lives beginning at an early age. Far too often, these obstacles lead to educational disparities that impact their ability to succeed and thrive after they transition out of the system. According to the California Department of Education (CDE), only 60 percent of foster youth graduate from high school statewide, compared to 86 percent of non-foster youth. Frequent school changes compound these challenges—children in foster care move schools an average of eight times, losing up to six months of learning with each move.
Arguments in Support
According to the Association of California School Administrators, ″Under current law, access to pupil records is generally limited and often requires parent or guardian involvement. While certain students—such as unaccompanied homeless youth—may access records beginning at age 14, the scope for foster youth has not been clearly defined. SB 1017 addresses this gap by aligning foster youth with existing standards and tying eligibility to the full statutory definition in Education Code Section 42238.01(b).
By tying eligibility to the full statutory definition, the bill provides greater clarity and ensures that additional groups of foster youth—such as nonminor dependents, youth under tribal court jurisdiction, those in voluntary placements, and those involved in the juvenile justice system—are included. This clarity will support more consistent implementation and help ensure eligible students are not inadvertently excluded. Expanding access to pupil records also promotes educational continuity and supports foster youth in navigating school transitions and accessing critical services.″
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, ″Potentially reimbursable Proposition 98 General Fund costs, likely minor, to local education agencies to provide additional student records. These costs would be reimbursable only to the extent a local agency files a claim and the Commission on State Mandates determines it is a reimbursable cost.″
VOTES
SENATE FLOOR: 38-0-2
YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
ABS, ABST OR NV: Menjivar, Seyarto
ASM EDUCATION: 8-0-1
YES: Patel, Hoover, Ahrens, Bonta, Castillo, Garcia, Lowenthal, Pellerin
ABS, ABST OR NV: Zbur
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Hoover, Arambula, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa
UPDATED
VERSION: August 20, 2026
CONSULTANT: Sarah Cate Hawthorne / ED. / (916) 319-2087 FN: 0003942
SENATE THIRD READING
STR Bill Id:SB 1017
Author:(Reyes)
As Amended Ver:June 22, 2026
Majority vote
SUMMARY
Authorizes foster youth aged 14 years or older to access their educational records.
Major Provisions
- Defines foster youth in accordance with existing law.
- Requires school districts to provide foster youth aged 14 and older access to their student records upon request.
COMMENTS
Age at which students may currently access their educational records. Students may access their own educational records when they are 16 years of age or have completed 10th grade. Prior to this age, parents or legal guardians are able to request and view their student’s educational records. Homeless unaccompanied youth are an exception, and may access their educational records at age 14. This authorization was granted partially under the rationale that these students do not have a parent or guardian who can access their educational records for them, making it difficult for students to obtain records they need to advocate for themselves and receive support services (AB 1068 (Bloom), Chapter 713, Statutes of 2013).
This bill would afford foster youth the same rights as homeless youth to access their educational records at age 14, rather than age 16.
Foster youth are more mobile than other students. According to the American Institutes for Research, nearly 40,000 students in foster care were enrolled in California public schools in the 2023-24 school year (Gao et. al., 2025). Of these students, 31% changed schools during the year, and the majority of these changes were to a different district or county. For comparison, 6% of total students statewide changed schools in during the same period.
Current law allows foster parents, relative caregivers, and representatives of state and local child welfare agencies managing the student’s care to access the student's educational records. However, changes in foster care placements and moving between schools can leave foster care students without a consistent guardian able to request educational records. Allowing these students to access and maintain their own educational records may empower them to better advocate for their needs as they move through their education.
According to the Author
Foster youth face a number of obstacles across their lives beginning at an early age. Far too often, these obstacles lead to educational disparities that impact their ability to succeed and thrive after they transition out of the system. According to the California Department of Education (CDE), only 60 percent of foster youth graduate from high school statewide, compared to 86 percent of non-foster youth. Frequent school changes compound these challenges—children in foster care move schools an average of eight times, losing up to six months of learning with each move.
Currently, homeless students and unaccompanied youth aged 14 or older have access to their education records. This access helps mitigate disruptions caused by frequent school changes and lack of consistent adult guidance. However, that is not the case for foster students as they can only access their school records if they are 16 years or older. SB 1017 would grant foster youth the same rights provided to homeless students and unaccompanied youth, the ability to access their school records at 14 years old. Timely access to records empowers students to make informed decisions during critical transitions and reinforces the state's commitment to ensuring that foster youth are not disadvantaged by circumstances beyond their control. At the forefront of equity is protecting and advocating for our most vulnerable population, and SB 1017 is a step forward in ensuring foster youth have the resources they need to live a successful life.
Arguments in Support
According to the Association of California School Administrators, "Under current law, access to pupil records is generally limited and often requires parent or guardian involvement. While certain students—such as unaccompanied homeless youth—may access records beginning at age 14, the scope for foster youth has not been clearly defined. SB 1017 addresses this gap by aligning foster youth with existing standards and tying eligibility to the full statutory definition in Education Code Section 42238.01(b).
By tying eligibility to the full statutory definition, the bill provides greater clarity and ensures that additional groups of foster youth—such as nonminor dependents, youth under tribal court jurisdiction, those in voluntary placements, and those involved in the juvenile justice system—are included. This clarity will support more consistent implementation and help ensure eligible students are not inadvertently excluded. Expanding access to pupil records also promotes educational continuity and supports foster youth in navigating school transitions and accessing critical services."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, "Potentially reimbursable Proposition 98 General Fund costs, likely minor, to local education agencies to provide additional student records. These costs would be reimbursable only to the extent a local agency files a claim and the Commission on State Mandates determines it is a reimbursable cost."
VOTES
SENATE FLOOR: 38-0-2
YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
ABS, ABST OR NV: Menjivar, Seyarto
ASM EDUCATION: 8-0-1
YES: Patel, Hoover, Ahrens, Bonta, Castillo, Garcia, Lowenthal, Pellerin
ABS, ABST OR NV: Zbur
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Hoover, Arambula, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa
UPDATED
VERSION: June 22, 2026
CONSULTANT: Sarah Cate Hawthorne / ED. / (916) 319-2087 FN: 0003458
Date of Hearing: August 5, 2026
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 1017
Author:(Reyes) – As Amended Ver:June 22, 2026
Policy Committee: | Education | Vote: | 8 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill adds a foster youth of at least 14 years of age to the list of individuals who may access their student records upon request.
FISCAL EFFECT:
Potentially reimbursable Proposition 98 General Fund costs, likely minor, to local education agencies to provide additional student records. These costs would be reimbursable only to the extent a local agency files a claim and the Commission on State Mandates determines it is a reimbursable cost.
COMMENTS:
- Purpose. According to the author:
Currently, homeless students and unaccompanied youth aged 14 or older have access to their education records. This access helps mitigate disruptions caused by frequent school changes and lack of consistent adult guidance. However, that is not the case for foster students as they can only access their school records if they are 16 years or older. SB 1017 would grant foster youth the same rights provided to homeless students and unaccompanied youth, the ability to access their school records at 14 years old. Timely access to records empowers students to make informed decisions during critical transitions and reinforces the state’s commitment to ensuring that foster youth are not disadvantaged by circumstances beyond their control. At the forefront of equity is protecting and advocating for our most vulnerable population, and SB 1017 is a step forward in ensuring foster youth have the resources they need to live a successful life.
- Background. The federal Family Education Rights and Privacy Act as well as existing state law maintain protections for pupil records. In 2016, the U.S. Department of Health and Human Services and the U.S Department of Education issued joint guidance underscoring the importance of collaboration between local education agencies and child welfare agencies and the need to share data between schools and child welfare agencies.
Foster parents are often not the educational rights holder – the individual(s) with the right to make educational decisions on behalf of a pupil. Biological parents may retain the right to make education-related decisions while their child is in out-of-home care, unless the court limits or terminates their rights. However, while a foster youth’s caregiver may be provided with access to the youth’s student records, current law does not provide foster youth themselves with access to their student records. Notably, homeless and unaccompanied youth above age 14 or any student over 16 years of age and having completed the 10th grade may receive access to their student records.
Analysis Prepared by: Aaron Heredia / APPR. / (916) 319-2081
Date of Hearing: June 17, 2026
ASSEMBLY COMMITTEE ON EDUCATION
Darshana R. Patel, Chair
SBPCA Bill Id:SB 1017
Author:(Reyes) – As Introduced Ver:February 10, 2026
SENATE VOTE: 38-0
SUBJECT: Pupils: foster youth: access to pupil records
SUMMARY: Authorizes foster youth aged 14 years or older to access their educational records. Specifically, this bill:
- Defines foster youth in accordance with existing law.
- Requires school districts to provide foster youth aged 14 and older access to their student records upon request.
EXISTING LAW:
- Defines foster youth as any of the following:
- A child who is the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code, whether or not the child has been removed from the child’s home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code;
- A child who is the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code, has been removed from the child’s home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code, and is in foster care as defined by subdivision (d) of Section 727.4 of the Welfare and Institutions Code;
- A nonminor under the transition jurisdiction of the juvenile court, as described in Section 450 of the Welfare and Institutions Code, who satisfies specified criteria;
- A dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal court’s jurisdiction in accordance with the tribe’s law; or
- A child who is the subject of a voluntary placement agreement, as defined in subdivision (p) of Section 11400 of the Welfare and Institutions Code. (Education Code (EC) 42238.01)
- Authorizes all pupils who are 16 years of age or older, or who have completed the 10th grade, to have access to their educational records. (EC 49076)
- Authorizes homeless unaccompanied youth, as defined in paragraphs (2) and (6) of Section 725 of the federal McKinney-Vento Homeless Assistance Act, to access their educational records at age 14. (EC 49076)
- Prohibits a school district from permitting access to pupil records to a person without parental consent or under judicial order, with some exceptions. (EC 49076)
- 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 student’s educational records to any individual, agency, or organization without the written consent of the student’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)
- Authorizes foster family agencies with jurisdiction over currently enrolled or former students to access records of grades and transcripts, and any individualized education program (IEP) that may have been developed by school districts or private schools of those students. (EC 49069.3)
- Requires, when a child is placed in foster care, the case plan for each child to include a summary of the health and education information or records, and include specified information. Existing law also requires the health and education summary to be provided to the caregiver within a specified timeframe after placement. (Welfare and Institutions Code (WIC) 16010)
- Requires an LEA, within two days business days of receiving a request to transfer a foster care student, to transfer complete educational records to the receiving LEA. (EC 48853.5)
- Establishes a number of rights for students in foster care, including rights to immediate enrollment, rights to have educational records transferred in a timely manner, rights to remain in students’ schools of origin, rights to exemptions from locally adopted graduation requirements in excess of state requirements, and the right to have partial credit awarded for coursework. (WIC 16001.9)
FISCAL EFFECT: This bill has been keyed as a possible state-mandated local program by the Office of Legislative Counsel.
COMMENTS:
Need for the bill. According to the author, “Foster youth face a number of obstacles across their lives beginning at an early age. Far too often, these obstacles lead to educational disparities that impact their ability to succeed and thrive after they transition out of the system. According to the California Department of Education (CDE), only 60 percent of foster youth graduate from high school statewide, compared to 86 percent of non-foster youth. Frequent school changes compound these challenges—children in foster care move schools an average of eight times, losing up to six months of learning with each move.
Currently, homeless students and unaccompanied youth aged 14 or older have access to their education records. This access helps mitigate disruptions caused by frequent school changes and lack of consistent adult guidance. However, that is not the case for foster students as they can only access their school records if they are 16 years or older. SB 1017 would grant foster youth the same rights provided to homeless students and unaccompanied youth, the ability to access their school records at 14 years old. Timely access to records empowers students to make informed decisions during critical transitions and reinforces the state’s commitment to ensuring that foster youth are not disadvantaged by circumstances beyond their control. At the forefront of equity is protecting and advocating for our most vulnerable population, and SB 1017 is a step forward in ensuring foster youth have the resources they need to live a successful life.”
How students currently access educational records. FERPA and current state law prohibit individuals from accessing student records without written parental consent or judicial order, except under specific conditions.
Students may access their own educational records when they are 16 years of age or have completed 10th grade. Prior to this age, parents or legal guardians are able to request and view their student’s educational records. Homeless unaccompanied youth are an exception, and may access their educational records at age 14. This authorization was granted partially under the rationale that these students do not have a parent or guardian who can access their educational records for them, making it difficult for students to obtain records they need to advocate for themselves and receive support services (AB 1068 (Bloom), Chapter 713, Statutes of 2013).
This bill would afford foster youth the same rights as homeless youth to access their educational records at age 14, rather than age 16.
Foster youth are more mobile than other students. According to the American Institutes for Research, nearly 40,000 students in foster care were enrolled in California public schools in the 2023-24 school year (Gao et. al., 2025). Of these students 31% changed schools during the year, compared with 6% of students statewide, and the majority of these changes were to a different district or county.
Current law allows foster parents, relative caregivers, and representatives of state and local child welfare agencies managing the student’s care to access the student’s educational records. However, changes in foster care placements and moving between schools can leave foster care students without a consistent guardian able to request educational records. Allowing these students to access and maintain their own educational records may empower them to better advocate for their needs as they move through their education.
Arguments in support. According to the Office of the Riverside County Superintendent of Schools, “Foster youth face unique and significant educational challenges, including lower rates of academic achievement, graduation, attendance, and post-secondary attainment. According to the California Department of Education, only 60% of foster youth graduate high school, compared to 86% of non‑foster youth. Frequent placement and school changes further disrupt learning, often resulting in the loss of critical academic documents and progress.
Current law already allows homeless and unaccompanied youth aged fourteen or older to access their education records to help reduce disruptions and support continuity. Extending this same right to foster youth is a logical, equitable, and urgently needed step. Direct access to school records strengthens students’ ability to understand their academic standing, advocate for services, plan for graduation, and pursue their goals with clarity and confidence.”
Related legislation
SB 233 (Beall), Chapter 829, Statutes of 2017, requires a local educational agency (LEA) to permit a foster family agency, short-term residential treatment program staff, and a caregiver, as specified, access to student records, and makes numerous changes relative to student records and education information relative to foster youth.
AB 1068 (Bloom), Chapter 713, Statutes of 2013, prohibits the release of directory information for homeless pupils unless certain criteria is met, and requires schools to permit access to pupil records to a pupil who is at least 14 years old and is homeless or unaccompanied.
AB 643 (Stone), Chapter 80, Statutes of 2013, requires school districts to allow access to a foster youth’s school records to that youth’s social worker, conforming to the federal Uninterrupted Scholars Act.
AB 490 (Steinberg), Chapter 862, Statutes of 2003 expanded and stipulated authority for school records of foster, homeless, and incarcerated youth to allow streamlined processes between LEAs to transfer records and permit access to pupil records to those with educational rights for foster children and incarcerated youth.
Recommended Committee Amendments. Staff recommends that the bill be amended as follows:
- Technical changes to clarify that both foster care and homeless youth must be 14 years of age or older to access their educational records.
REGISTERED SUPPORT / OPPOSITION:
Support
Alameda County Office of Education
Association of California School Administrators
California County Superintendents
California State Parent Teacher Association
Fresno Unified School District
Los Angeles County Office of Education
Office of the Riverside County Superintendent of Schools
San Bernardino County District Advocates for Better Schools
San Bernardino County Superintendent of Schools
San Francisco Unified School District
Santa Clara County Office of Education
Opposition
None on file.
Analysis Prepared by: Sarah Cate Hawthorne / ED. / (916) 319-2087
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 1017 |
CONSENT
Bill No: SB 1017
Author: Reyes (D), et al.
Introduced: 2/10/26
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 3/18/26
AYES: Pérez, Ochoa Bogh, Cabaldon, Choi, Cortese, Gonzalez, Reyes
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Pupils: foster youth: access to pupil records
SOURCE: Office of the Riverside County Superintendent of Schools
DIGEST:
This bill expands the existing list of individuals to whom a school district, if requested, must provide student record access to include a pupil aged 14 or older who is a foster youth, as specified.
ANALYSIS:
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 (USC), Title 20, Section 1232g and Code of Federal Regulations, Title 34, Sections 99.31)
- The federal Uninterrupted Scholars Act amended FERPA to require school districts to allow access to pupil records to an agency caseworker or other representative of a state or local child welfare agency, or tribal organization, who has the right to access a pupil’s case plan, when such agency or organization is legally responsible for the care and protection of the pupil. The Uninterrupted Scholars Act prohibits the records or information from being disclosed by the agency or organization except to an individual or entity engaged in addressing the pupil’s educational needs and authorized by such agency or organization to receive such disclosure and the disclosure is consistent with applicable state or tribal laws protecting the confidentiality of a pupil’s education records. (20 USC § 1232g(b)(L))
Existing state law:
- Defines “foster youth” to mean any of the following:
- A child who is the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code (WIC), whether or not the child has been removed from the child’s home by the juvenile court, as specified.
- A child who is the subject of a petition filed pursuant to Section 602 of the WIC, has been removed from the child’s home by the juvenile court, as specified, and is in foster care, as specified.
- A nonminor under the transition jurisdiction of the juvenile court, who satisfies specified criteria.
- A dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal court’s jurisdiction in accordance with the tribe’s law.
- A child who is the subject of a voluntary placement agreement, as specified. (Education Code (EC) § 42238.01)
- Authorizes foster family agencies with jurisdiction over currently enrolled or former students to access records of grades and transcripts, and any individualized education program that may have been developed by school districts or private schools of those students. (EC § 49069.3)
- Prohibits a school district from permitting access to pupil records to a person without parental consent or under judicial order, with some exceptions including a county placing agency; an agency caseworker or other representative of a child welfare agency; a pupil who is 16 years or older and has completed grade 10; or a pupil 14 years of age who is a homeless child or youth, or an unaccompanied youth, as defined. (EC § 49076)
- Requires, when a child is placed in foster care, the case plan for each child to include a summary of the health and education information or records, and include specified information. Existing law also requires the health and education summary to be provided to the caregiver within a specified timeframe after placement. (WIC § 16010)
- States legislative intent that caregivers who are informed of the child’s educational, medical, dental, and mental health history and current needs are better able to meet those needs and address the effects of trauma, increasing placement stability and improving permanency outcomes. (WIC § 827.11)
- Establishes a number of rights for students in foster care. Among them are rights to immediate enrollment, rights to have educational records transferred in a timely manner, rights to remain in students’ schools of origin, rights to exemptions from locally adopted graduation requirements in excess of state requirements, and the right to have partial credit awarded for coursework. (WIC §16001.9)
This bill requires school districts to provide foster youth aged 14 and older access to their student records, at their request.
Comments
- Need for the bill. According to the author, “Foster youth face a number of obstacles across their lives beginning at an early age. Far too often, these obstacles lead to educational disparities that impact their ability to succeed and thrive after they transition out of the system. According to the California Department of Education (CDE), only 60% of foster youth graduate from high school statewide, compared to 86% of non-foster youth. Frequent school changes compound these challenges—children in foster care move schools an average of eight times, losing up to six months of learning with each move.
“Currently, homeless students and unaccompanied youth aged 14 or older have access to their education records. This access helps mitigate disruptions caused by frequent school changes and lack of consistent adult guidance. However, that is not the case for foster students as they can only access their school records if they are 16 years or older. SB 1017 would grant foster youth the same rights provided to homeless students and unaccompanied youth, the ability to access their school records at 14 years old. Timely access to records empowers students to make informed decisions during critical transitions and reinforces the state’s commitment to ensuring that foster youth are not disadvantaged by circumstances beyond their control. At the forefront of equity is protecting and advocating for our most vulnerable population, and SB 1017 is a step forward in ensuring foster youth have the resources they need to live a successful life.”
- Existing authorizations. Current law recognizes two special circumstances under which pupils age 14 and older should have access to their educational records—when the pupil has been identified as an unaccompanied youth or a homeless youth. This authorization originated from the concern that unaccompanied or homeless youth who do not have parents who are willing or able to consent to a school district sharing their educational records would not be able to access services such as Boys and Girls Clubs, tutoring programs, and legal services offered by non-school district agencies. Educational records are vital in these circumstances because tutors and other service providers need information such as test scores, credit progress, and special education context in order to provide specialized support.
Currently, foster youth aged 16 or younger can have educational records accessed on their behalf by authorized individuals such as foster parents or resource families. However, due to issues with school mobility and changing care placements, they may experience delays in record requests which can lead to service interruptions and uncertainty in graduation preparation.
This bill brings the education record access authorization for foster youth aged 14 and older into alignment with their peers who have been identified as unaccompanied or homeless youth.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 4/13/26)
Office of the Riverside County Superintendent of Schools (source)
Alameda County Office of Education
Children’s Law Center of California
John Burton Advocates for Youth
Kern County Superintendent of Schools Office
San Bernardino County District Advocates for Better Schools
San Bernardino County Superintendent of Schools
San Mateo County Office of Education
OPPOSITION: (Verified 4/13/26)
None received
Prepared by: Therresa Austin / ED. / (916) 651-4105
4/14/26 16:16:05
**** END ****
SENATE COMMITTEE ON EDUCATION
Senator Sasha Renée Pérez, Chair
2025 - 2026 Regular
Bill No: Hearing Date: March 18, 2026
Author: | |||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: .
SUMMARY
This bill expands the existing list of individuals to whom a school district, if requested, must provide student record access to include a pupil aged 14 or older who is a foster youth, as specified.
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)
- The federal Uninterrupted Scholars Act amended FERPA to require school districts to allow access to pupil records to an agency caseworker or other representative of a state or local child welfare agency, or tribal organization, who has the right to access a pupil’s case plan, when such agency or organization is legally responsible for the care and protection of the pupil. The Uninterrupted Scholars Act prohibits the records or information from being disclosed by the agency or organization except to an individual or entity engaged in addressing the pupil’s educational needs and authorized by such agency or organization to receive such disclosure and the disclosure is consistent with applicable state or tribal laws protecting the confidentiality of a pupil’s education records. (20 USC § 1232g(b)(L))
Existing state law:
- Defines “foster youth” to mean any of the following:
- A child who is the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code (WIC), whether or not the child has been removed from the child’s home by the juvenile court, as specified.
- A child who is the subject of a petition filed pursuant to Section 602 of the WIC, has been removed from the child’s home by the juvenile court, as specified, and is in foster care, as specified.
- A nonminor under the transition jurisdiction of the juvenile court, who satisfies specified criteria.
- A dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal court’s jurisdiction in accordance with the tribe’s law.
- A child who is the subject of a voluntary placement agreement, as specified. (Education Code (EC) § 42238.01)
- Authorizes foster family agencies with jurisdiction over currently enrolled or former students to access records of grades and transcripts, and any individualized education program that may have been developed by school districts or private schools of those students. (EC § 49069.3)
- Prohibits a school district from permitting access to pupil records to a person without parental consent or under judicial order, with some exceptions including a county placing agency; an agency caseworker or other representative of a child welfare agency; a pupil who is 16 years or older and has completed grade 10; or a pupil 14 years of age who is a homeless child or youth, or an unaccompanied youth, as defined. (EC § 49076)
- Requires, when a child is placed in foster care, the case plan for each child to include a summary of the health and education information or records, and include specified information. Existing law also requires the health and education summary to be provided to the caregiver within a specified timeframe after placement. (WIC § 16010)
- States legislative intent that caregivers who are informed of the child’s educational, medical, dental, and mental health history and current needs are better able to meet those needs and address the effects of trauma, increasing placement stability and improving permanency outcomes. (WIC § 827.11)
- Establishes a number of rights for students in foster care. Among them are rights to immediate enrollment, rights to have educational records transferred in a timely manner, rights to remain in students’ schools of origin, rights to exemptions from locally adopted graduation requirements in excess of state requirements, and the right to have partial credit awarded for coursework. (WIC §16001.9)
ANALYSIS
This bill requires school districts to provide foster youth aged 14 and older access to their student records, at their request.
STAFF COMMENTS
- Need for the bill. According to the author, “Foster youth face a number of obstacles across their lives beginning at an early age. Far too often, these obstacles lead to educational disparities that impact their ability to succeed and thrive after they transition out of the system. According to the California Department of Education (CDE), only 60 percent of foster youth graduate from high school statewide, compared to 86 percent of non-foster youth. Frequent school changes compound these challenges—children in foster care move schools an average of eight times, losing up to six months of learning with each move.
“Currently, homeless students and unaccompanied youth aged 14 or older have access to their education records. This access helps mitigate disruptions caused by frequent school changes and lack of consistent adult guidance. However, that is not the case for foster students as they can only access their school records if they are 16 years or older. SB 1017 would grant foster youth the same rights provided to homeless students and unaccompanied youth, the ability to access their school records at 14 years old. Timely access to records empowers students to make informed decisions during critical transitions and reinforces the state’s commitment to ensuring that foster youth are not disadvantaged by circumstances beyond their control. At the forefront of equity is protecting and advocating for our most vulnerable population, and SB 1017 is a step forward in ensuring foster youth have the resources they need to live a successful life.”
- Existing authorizations. Current law recognizes two special circumstances under which pupils age 14 and older should have access to their educational records—when the pupil has been identified as an unaccompanied youth or a homeless youth. This authorization originated from the concern that unaccompanied or homeless youth who do not have parents who are willing or able to consent to a school district sharing their educational records would not be able to access services such as Boys and Girls Clubs, tutoring programs, and legal services offered by non-school district agencies. Educational records are vital in these circumstances because tutors and other service providers need information such as test scores, credit progress, and special education context in order to provide specialized support.
Currently, foster youth aged 16 or younger can have educational records accessed on their behalf by authorized individuals such as foster parents or resource families. However, due to issues with school mobility and changing care placements, they may experience delays in record requests which can lead to service interruptions and uncertainty in graduation preparation.
This bill brings the education record access authorization for foster youth aged 14 and older into alignment with their peers who have been identified as unaccompanied or homeless youth.
- Prior legislation.
SB 233 (Beall, Chapter 829, Statutes of 2017) requires a local educational agency (LEA) to permit a foster family agency, short-term residential treatment program staff, and a caregiver, as specified, access to student records, and makes numerous changes relative to student records and education information relative to foster youth.
AB 1068 (Bloom, Chapter 713, Statutes of 2013) prohibits the release of directory information for homeless pupils unless certain criteria is met, and requires schools to permit access to pupil records to a pupil who is at least 14 years old and is homeless or unaccompanied.
AB 643 (Stone, Chapter 80, Statutes of 2013) requires school districts
to allow access to a foster youth’s school records to that youth’s social worker, conforming to the federal Uninterrupted Scholars Act.
AB 490 (Steinberg, Chapter 862, Statutes of 2003) expanded and stipulated authority for school records of foster, homeless, and incarcerated youth to allow streamlined processes between LEAs to transfer records and permit access to pupil records to those with educational rights for foster children and incarcerated youth.
SUPPORT
Riverside County Office of Education (sponsor)
Alameda County Office of Education
John Burton Advocates for Youth
Kern County Superintendent of Schools Office
San Bernardino County District Advocates for Better Schools
San Bernardino County Superintendent of Schools
OPPOSITION
None received
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Bill Author
Bill Co-Author(s):
