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SB-1036 Local educational agencies: minutes of meetings of governing bodies: release of directory information and personal information of pupils and parents or guardians of pupils.(2017-2018)

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Date Published: 04/04/2018 04:00 AM
SB1036:v97#DOCUMENT

Amended  IN  Senate  April 03, 2018
Amended  IN  Senate  March 12, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1036


Introduced by Senator Wilk

February 08, 2018


An act to add Section 49073.2 to the Education Code, relating to pupils. local educational agencies.


LEGISLATIVE COUNSEL'S DIGEST


SB 1036, as amended, Wilk. Pupil records: directory information: school board meetings. Local educational agencies: minutes of meetings of governing bodies: release of directory information and personal information of pupils and parents or guardians of pupils.
(1) Existing law authorizes school districts to release pupil directory information, as specified, and defines directory information as one or more prescribed items, including, among others, a pupil’s name, address, telephone number, and date of birth.
This bill would prohibit the release of directory information and the personal information of a parent, as defined, in a school board’s meeting minutes, except information, as defined, and personal information, as defined, of a pupil or of the parent or guardian of a pupil in the minutes of a meeting of the governing body, as defined, of a local educational agency, as defined, except with written permission, as specified. To the extent the bill would add to the duties of school districts, local educational agencies, it would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 49073.2 is added to the Education Code, to read:
49073.2.

Notwithstanding Section 49073, a school district shall not release the directory information or the personal information of a parent in the minutes of a school board meeting, except as required by judicial order or federal law.

49073.2.
 Notwithstanding Section 49073:
(a) A local educational agency shall not release the directory information or the personal information of a pupil or of a parent or guardian of a pupil in the minutes of a meeting of its governing body, except as provided in subdivision (b) or as required by judicial order or federal law.
(b) A pupil, or a parent or guardian of a pupil, who is 18 years of age or older may provide written permission to the secretary or clerk of the governing body to include his or her personal information or the name of his or her minor child to be included in the minutes of a meeting of the governing body.
(c) As used in this section:
(1) “Directory information” has the same meaning as defined in subdivision (c) of Section 49061.
(2) “Governing body” includes charter school governing bodies, county boards of education, and school district governing boards.
(3) “Local educational agency” includes charter schools, county offices of education, and school districts.
(4) “Personal information” includes a person’s address, telephone number, date of birth, and email address.

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.