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SB-266 Pupil records: access to directory information: recruitment.(2003-2004)

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CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Senate Bill
No. 266

Introduced  by  Senator Knight

February 18, 2003

An act to amend Section 49073.5 of the Education Code, relating to pupil records.


LEGISLATIVE COUNSEL'S DIGEST


SB 266, as introduced, Knight. Pupil records: access to directory information: recruitment.
(1) Existing law sets forth the intent of the Legislature that school district policies regarding the release of pupil directory information not purposefully exclude any military service representative from access to that information.
This bill would instead require each school district to adopt a policy that does not deny a military services representative access to that pupil directory information for recruitment purposes, thereby imposing a state-mandated local program. The bill would also authorize the imposition of civil penalties for violation of this requirement. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 49073.5 of the Education Code is amended to read:

49073.5.
 (a) It is the intent of the Legislature that a (1) Each school district, in adopting a policy pursuant to Section 49073 governing the release of pupil directory information, may not purposefully exclude any deny a military services representative from access to that information
access to that information for recruitment purposes.
(2) (A) The Secretary of Defense shall notify the Governor if a school district violates this subdivision. A notice of violation shall be considered served to a school or school district upon notification by the Governor’s office. A school district that violates this subdivision may be assessed a civil penalty of up to two hundred fifty dollars ($250) for each violation. The Governor and the Attorney General have standing to bring suit for a violation of this subdivision in a court of competent jurisdiction.
(B) Money collected pursuant to this subdivision shall be deposited into the Military Services Account which is hereby established in the State Treasury and may be used, upon appropriation by the Legislature, for Reserve Officer Training Corps programs within the school district that is in violation of this subdivision. In those school districts in which no Reserve Officer Training Corps programs exist, the money collected pursuant to this subdivision may be used, upon appropriation, for the California National Guard Recruiting office, for recruiting programs throughout the state.
(C) “Each violation,” as used in this subdivision means a violation of paragraph (1) with regards to any and all military recruiters. If a school or school district violates paragraph (1), it is only subject to a single two hundred fifty dollar ($250) fee.
(b) It is further the intent of the Legislature, in the interest of pupil confidentiality, that each school districts district minimize the release of pupil telephone numbers in the absence of express parental consent. The Legislature finds and declares that the nondisclosure of pupil telephone numbers will reduce the possibility of harassment of pupils and their families by organizations that receive pupil directory information.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because this act implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.