reglab/statecodes huggingface dataset:
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 6.5 - Performance-Enhancing Substances › Section 49034.

49034. (a) The State Treasurer may accept voluntary contributions for the purpose of offsetting costs of training coaches pursuant to Sections 35179.2 and 35179.3. Contributions received by the State Treasurer shall be deposited in the California Coaching Education Fund, which is hereby created in the State Treasury.
(b) Funds deposited in the California Coaching Education Fund are available upon appropriation by the Legislature and may only be expended for purposes of Sections 35179.2 and 35179.3, and for administration of the California Coaching Education Fund.
(Added by Stats. 2005, Ch. 673, Sec. 2. Effective January 1, 2006.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 7 - Registering to Vote › Section 49040.

49040. (a) The last two full weeks in April and the last two full weeks in September shall be known as “high school voter education weeks,” during which time persons authorized by the county elections official shall be allowed to register students and school personnel on any high school campus in areas designated by the administrator of the high school, or his or her designee, which are reasonably accessible to all students.
(b) This section does not preclude a person from registering to vote students and school personnel on a high school campus as is otherwise permitted by the Elections Code.
(Amended by Stats. 2014, Ch. 131, Sec. 1. (AB 1817) Effective January 1, 2015.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 7 - Registering to Vote › Section 49041.

49041. (a) The administrator of a high school, or his or her designee, may appoint one or more pupils who are enrolled at that high school to be voter outreach coordinators.
(b) A voter outreach coordinator may coordinate voter registration activities on his or her high school campus that encourage persons who are eligible to register to vote pursuant to Section 2101 of the Elections Code, or other persons who may submit an affidavit of registration pursuant to Section 2102 of the Elections Code, to apply to register to vote by submitting an affidavit of registration on paper or electronically on the Internet Web site of the Secretary of State.
(c) A voter outreach coordinator may, with the approval of the administrator of the high school, or his or her designee, coordinate election-related activities on his or her high school campus, including voter registration drives, mock elections, debates, and other election-related pupil outreach activities.
(Added by Stats. 2014, Ch. 131, Sec. 2. (AB 1817) Effective January 1, 2015.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 8 - Searches by School Employees › Section 49050.

49050. No school employee shall conduct a search that involves:
(a) Conducting a body cavity search of a pupil manually or with an instrument.
(b) Removing or arranging any or all of the clothing of a pupil to permit a visual inspection of the underclothing, breast, buttocks, or genitalia of the pupil.
(Added by Stats. 1988, Ch. 1102, Sec. 1.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 8 - Searches by School Employees › Section 49051.

49051. Nothing in this article shall be construed to affect the admissibility of evidence in subsequent juvenile or criminal proceedings.
(Added by Stats. 1988, Ch. 1102, Sec. 1.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 9 - Restorative Justice Practices › Section 49055.

49055. (a) On or before June 1, 2024, the department shall develop evidence-based best practices for restorative justice practice implementation on a school campus and make these best practices available on the department’s internet website for use by local educational agencies to implement restorative justice practices as part of efforts to improve campus culture and climate. In developing best practices, the department shall consult with all of the following to identify best practices for effective, evidence-based restorative justice practices in elementary and secondary schools:
(1) School-based restorative justice practitioners.
(2) Educators from public schools serving kindergarten and grades 1 to 12, inclusive.
(3) Pupils from public schools serving kindergarten and grades 1 to 12, inclusive.
(4) Community partners or community members.
(5) Nonprofit and public entities.
(b) When developing best practices pursuant to subdivision (a), the department is encouraged to, to the extent feasible, take into account resources and best practices that have been identified or developed as part of aligned efforts, including, but not limited to, the Scaling Up MTSS Statewide (SUMS) Initiative, the California Community Schools Partnership Program, and resources developed by the department in support of social-emotional learning.
(c) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
(Added by Stats. 2022, Ch. 914, Sec. 1. (AB 2598) Effective January 1, 2023.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 9 - Restorative Justice Practices › Section 49056.

49056. (a) Commencing with the 2024–25 school year, all of the following shall apply to recess provided by a public school:
(1) (A) Recess shall be at least 30 minutes on regular instructional days and at least 15 minutes on early release days and may be provided in one or more periods.
(B) The requirement pursuant to subparagraph (A) does not apply to days in which there is a field trip or other educational program.
(2) Recess shall be held outdoors whenever the weather and air quality permits. If outdoor space is not sufficient, recess may be held indoors.
(3) Recess shall comply with a pupil’s individualized education program or pupil’s plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
(4) (A) A pupil shall not be denied recess by a member of the school’s staff unless the pupil’s participation poses an immediate threat to the physical safety of the pupil or to the physical safety of one or more of the pupil’s peers.
(B) If a pupil’s recess period is denied pursuant to subparagraph (A), school staff members shall make all reasonable efforts to resolve such threats and minimize exclusion from recess to the greatest extent practicable. School staff members are encouraged to use other means of correction, such as those specified in subdivision (b) of Section 48900.5.
(b) This section does not prohibit a public school from providing pupils with a snack during recess.
(c) For purposes of this section, the following definitions apply:
(1) “Educational program” means the entire school-sponsored offering for pupils, including in-class and out-of-class activities.
(2) “Public school” means a school that is operated by a school district or county office of education, or a charter school.
(3) “Recess” means a period of time during the schoolday, separate and distinct from physical education courses and meal times, but may follow or precede physical education courses or meal times, when pupils are given supervised and unstructured time for any of the following:
(A) Physical activity.
(B) Play.
(C) Organized games.
(D) Social engagement with peers.
(Added by Stats. 2023, Ch. 863, Sec. 2. (SB 291) Effective January 1, 2024.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 1 - Legislative Intent › Section 49060.

49060. (a) It is the intent of the Legislature to resolve potential conflicts between California law and the provisions of Public Law 93-380 regarding parental access to, and the confidentiality of, pupil records in order to ensure the continuance of federal education funds to public educational institutions within the state, and to revise generally and update the law relating to those records.
(b) This chapter applies to public agencies that provide educationally related services to pupils with disabilities pursuant to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code and to public agencies that educate pupils with disabilities in state hospitals or developmental centers and in youth and adult facilities.
(c) This chapter has no effect regarding public community colleges, other public or private institutions of higher education, other governmental or private agencies that receive federal education funds unless described herein, or, except for Sections 49068 and 40969.7 and paragraph (5) of subdivision (b) of Section 49076, private schools.
(d) The provisions of this chapter prevail over the provisions of Section 12400 of this code and Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code to the extent that they may pertain to access to pupil records.
(Amended by Stats. 2021, Ch. 615, Sec. 71. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 2 - Definitions › Section 49061.

49061. As used in this chapter:
(a) “Parent” means a natural parent, an adopted parent, or legal guardian. If the parents are divorced or legally separated, only a parent having legal custody of the pupil may challenge the content of a record pursuant to Section 49070, offer a written response to a record pursuant to Section 49072, or consent to release records to others pursuant to Section 49075. Either parent may grant consent if both parents have notified, in writing, the school or school district that an agreement has been made. If a pupil has attained the age of 18 years or is attending an institution of postsecondary education, the permission or consent required of, and the rights accorded to, the parents or guardian of the pupil shall thereafter only be required of, and accorded to, the pupil.
(b) “Pupil record” means any item of information directly related to an identifiable pupil, other than directory information, that is maintained by a school district or required to be maintained by an employee in the performance of his or her duties whether recorded by handwriting, print, tapes, film, microfilm, or other means.
“Pupil record” does not include informal notes related to a pupil compiled by a school officer or employee that remain in the sole possession of the maker and are not accessible or revealed to any other person except a substitute. For purposes of this subdivision, “substitute” means a person who performs the duties of the individual who made the notes on a temporary basis, and does not refer to a person who permanently succeeds the maker of the notes in his or her position.
(c) “Directory information” means one or more of the following items: pupil’s name, address, telephone number, date of birth, email address, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous public or private school attended by the pupil.
(d) “School district” means any school district maintaining any kindergarten or any of grades 1 to 12, inclusive, any public school providing instruction in any kindergarten or any of grades 1 to 12, inclusive, the office of the county superintendent of schools, or any special school operated by the department.
(e) “Access” means a personal inspection and review of a record or an accurate copy of a record, or receipt of an accurate copy of a record, an oral description or communication of a record or an accurate copy of a record, and a request to release a copy of any record.
(f) “County placing agency” means the county social service department or county probation department.
(Amended by Stats. 2012, Ch. 162, Sec. 34. (SB 1171) Effective January 1, 2013.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 3 - General Provisions › Section 49062.

49062. School districts shall establish, maintain, and destroy pupil records according to regulations adopted by the State Board of Education. Pupil records shall include a pupil’s health record. Such regulations shall establish state policy as to what items of information shall be placed into pupil records and what information is appropriate to be compiled by individual school officers or employees under the exception to pupil records provided in subdivision (b) of Section 49061. No pupil records shall be destroyed except pursuant to such regulations or as provided in subdivisions (b) and (c) of Section 49070.
(Amended by Stats. 1980, Ch. 1347, Sec. 1.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 3 - General Provisions › Section 49062.5.

49062.5. (a) If a school district, charter school, or county office of education receives government-issued documentation, as described in subdivision (b), demonstrating that a former pupil’s legal name or gender has been changed, the school district, charter school, or county office of education shall update the former pupil’s records to include the updated legal name or gender. If requested by the former pupil, the school district, charter school, or county office of education shall reissue any documents conferred upon the former pupil with the former pupil’s updated legal name or gender. Documents that may be reissued by the school district, charter school, or county office of education include, but are not limited to, a transcript, a high school diploma conferred pursuant to Section 51410, a high school equivalency certificate issued pursuant to Section 51420, or other similar documents conferred upon the former pupil. This section does not require the school district, charter school, or county office of education to modify records that the former pupil has not requested for modification or reissuance.
(b) The documentation provided by a former pupil demonstrating legal name or gender change may include, but need not be limited to, any of the following:
(1) State-issued driver’s license.
(2) Birth certificate.
(3) Passport.
(4) Social security card.
(5) Court order indicating a name change or a gender change, or both.
(c) If a former pupil requests that the former pupil’s name or gender be changed and the requested records are reissued, the school district, charter school, or county office of education shall add a new document to the former pupil’s file that includes all of the following:
(1) The date of the request.
(2) The date the requested records were reissued to the former pupil.
(3) A list of the records that were requested by, and reissued to, the former pupil.
(4) The type of documentation provided by the former pupil in order to demonstrate the legal name or gender change.
(5) The name of the school district, charter school, or county office of education staff person that completed the request.
(6) The current and former name or gender of the former pupil.
(d) The process to request a change to pupil records described in Section 49070 is separate from the process described in this section. Former pupils who are unable to provide the government-issued documentation described in subdivision (b) may request a name or gender change, or both, to the former pupil’s records through the process described in Section 49070.
(Added by Stats. 2019, Ch. 179, Sec. 1. (AB 711) Effective January 1, 2020.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 3 - General Provisions › Section 49063.

49063. School districts shall notify parents in writing of their rights under this chapter upon the date of the pupil’s initial enrollment, and thereafter at the same time as notice is issued pursuant to Section 48980. The notice shall be, insofar as is practicable, in the home language of the pupil. The notice shall take a form that reasonably notifies parents of the availability of the following specific information:
(a) The types of pupil records and information contained therein that are directly related to pupils and maintained by the institution.
(b) The position of the official responsible for the maintenance of each type of record.
(c) The location of the log or record required to be maintained pursuant to Section 49064.
(d) The criteria to be used by the school district in defining “school officials and employees” and in determining “legitimate educational interest” as used in Section 49064 and paragraph (1) of subdivision (a) of Section 49076.
(e) The policies of the institution for reviewing and expunging those records.
(f) The right of the parent to access pupil records.
(g) The procedures for challenging the content of pupil records.
(h) The cost, if any, that will be charged to the parent for reproducing copies of records.
(i) The categories of information that the institution has designated as directory information pursuant to Section 49073.
(j) Any other rights and requirements set forth in this chapter, and the right of the parent to file a complaint with the United States Department of Education concerning an alleged failure by the school district to comply with the provisions of Section 444 of the General Education Provisions Act (20 U.S.C. Sec. 1232g).
(k) The availability of the prospectus prepared pursuant to Section 49091.14.
(Amended by Stats. 2018, Ch. 507, Sec. 10. (SB 816) Effective January 1, 2019.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 3 - General Provisions › Section 49064.

49064. A log or record shall be maintained for each pupil’s record which lists all persons, agencies, or organizations requesting or receiving information from the record and the legitimate interests therefor. Such listing need not include:
(a) Parents or pupils to whom access is granted pursuant to Section 49069.7 or paragraph (6) of subdivision (a) of Section 49076;
(b) Parties to whom directory information is released pursuant to Section 49073;
(c) Parties to whom written consent has been executed by the parent pursuant to Section 49075; or
(d) School officials or employees having a legitimate educational interest pursuant to paragraph (1) of subdivision (a) of Section 49076.
The log or record shall be open to inspection only by a parent and the school official, or the official’s designee, responsible for the maintenance of pupil records, and to the Comptroller General of the United States, the Secretary of Health, Education, and Welfare, and administrative head of an education agency as defined in Public Law 93-380, and state educational authorities as a means of auditing the operation of the system.
(Amended by Stats. 2019, Ch. 497, Sec. 66. (AB 991) Effective January 1, 2020.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 3 - General Provisions › Section 49065.

49065. Any school district may make a reasonable charge in an amount not to exceed the actual cost of furnishing copies of any pupil record; provided, however, that no charge shall be made for furnishing (1) up to two transcripts of former pupils’ records or (2) up to two verifications of various records of former pupils. No charge may be made to search for or to retrieve any pupil record.
(Amended by Stats. 1977, Ch. 36.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 3 - General Provisions › Section 49066.

49066. (a) When grades are given for any course of instruction taught in a school district, the grade given to each pupil shall be the grade determined by the teacher of the course and the determination of the pupil’s grade by the teacher, in the absence of clerical or mechanical mistake, fraud, bad faith, or incompetency, shall be final.
(b) The governing board of the school district and the superintendent of such district shall not order a pupil’s grade to be changed unless the teacher who determined such grade is, to the extent practicable, given an opportunity to state orally, in writing, or both, the reasons for which such grade was given and is, to the extent practicable, included in all discussions relating to the changing of such grade.
(c) No grade of a pupil participating in a physical education class, however, may be adversely affected due to the fact that the pupil does not wear standardized physical education apparel where the failure to wear such apparel arises from circumstances beyond the control of the pupil.
(Amended by Stats. 1980, Ch. 715, Sec. 1.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 3 - General Provisions › Section 49067.

49067. (a) The governing board of each school district shall prescribe regulations requiring the evaluation of each pupil’s achievement for each marking period and requiring a conference with, or a written report to, the parent of each pupil whenever it becomes evident to the teacher that the pupil is in danger of failing a course. The refusal of the parent to attend the conference, or to respond to the written report, shall not preclude failing the pupil at the end of the grading period.
(b) The governing board of any school district may adopt regulations authorizing a teacher to assign a failing grade to any pupil whose absences from the teacher’s class that are not excused pursuant to Section 48205 equal or exceed a maximum number which shall be specified by the board. Regulations adopted pursuant to this subdivision shall include, but not be limited to, the following:
(1) A reasonable opportunity for the pupil or the pupil’s parent or guardian to explain the absences.
(2) A method for identification in the pupil’s record of the failing grades assigned to the pupil on the basis of excessive unexcused absences.
(c) Notwithstanding the provisions of subdivision (a) of Section 49061, the provisions of this section shall apply to the parent or guardian of any pupil without regard to the age of the pupil.
(Amended by Stats. 1998, Ch. 846, Sec. 20. Effective September 25, 1998.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 3 - General Provisions › Section 49068.

49068. (a) The Legislature finds and declares that the academic record of a transferring pupil is essential to the pupil’s placement, academic success, and timely graduation. The Legislature further finds and declares that an accurate, updated pupil record enhances school safety, academic achievement, and pupil welfare when the record of a transferring pupil includes transcripts, immunization records, and, when applicable, suspension notices, expulsion records, and individualized education programs.
(b) If a pupil transfers from one public school to another or to a private school, or transfers from a private school to a public school within the state, the pupil’s permanent record or a copy of it shall be transferred by the former public school or private school no later than 10 schooldays following the date the request is received from the public school or private school where the pupil intends to enroll.
(c) As used in this section, “schoolday” means a day upon which the school is in session or nonholiday weekdays during the summer break.
(d) A public school requesting a transfer of a record pursuant to this section shall notify the parent of his or her right to receive a copy of the record and a right to a hearing to challenge the content of the record.
(e) The state board may adopt rules and regulations concerning the transfer of records.
(f) Nothing in this section shall supersede any other state or federal law governing the transfer of pupil records for specific pupil populations, including, but not limited to, Sections 49069.5 and 56043.
(Amended by Stats. 2012, Ch. 369, Sec. 1. (AB 1799) Effective January 1, 2013.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 3 - General Provisions › Section 49068.5.

49068.5. Upon the initial enrollment of a pupil in a public or private elementary school, or whenever an elementary school pupil transfers from one school district to another, transfers to an elementary school within the same district, transfers from one private elementary school to another, transfers from a private elementary school to a public elementary school, or transfers from a public elementary school to a private elementary school, the principal of the school that the child enters or to which he or she transfers is urged to check to see if the child resembles a child listed as missing by the bulletins provided by the Department of Justice pursuant to Section 14204 of the Penal Code.
(Amended by Stats. 2014, Ch. 437, Sec. 2. (SB 1066) Effective January 1, 2015.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 3 - General Provisions › Section 49068.6.

49068.6. (a) Any law enforcement agency responsible for the investigation of a missing child shall inform the school district, other local educational agency, or private school, in which the child is enrolled, that the child is missing. The notice shall be in writing, shall include a photograph of the child if a photograph is available, and shall be given within 10 days of the child’s disappearance.
(b) Every school notified pursuant to this section shall place a notice that the child has been reported missing on the front of each missing child’s school record. For public schools this shall be in addition to the posting requirements set forth in Section 38139.
(c) Local law enforcement agencies may establish a process for informing local schools about abducted children pursuant to this section.
(d) If a school receives a record inquiry or request from any person or entity for a missing child about whom the school has been notified pursuant to this section, the school shall immediately notify the law enforcement authorities who informed the school of the missing child’s status.
(Added by Stats. 1999, Ch. 832, first Sec. 2. Effective January 1, 2000.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 3 - General Provisions › Section 49069.7.

49069.7. (a) Parents of currently enrolled or former pupils have an absolute right to access to any and all pupil records related to their children that are maintained by school districts or private schools. The editing or withholding of any of those records, except as provided for in this chapter, is prohibited.
(b) Each school district shall adopt procedures for the granting of requests by parents for copies of all pupil records pursuant to Section 49065, or to inspect and review records during regular school hours, provided that the requested access shall be granted no later than five business days following the date of the request. Procedures shall include the notification to the parent of the location of all official pupil records if not centrally located and the availability of qualified certificated personnel to interpret records if requested.
(Added by renumbering Section 49069 by Stats. 2019, Ch. 497, Sec. 67. (AB 991) Effective January 1, 2020.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 4 - Rights of Parents › Section 49071.

49071. (a) To assist in making determinations pursuant to Section 49070, a district superintendent or governing board may convene a hearing panel composed of the following persons, provided that the parent has given written consent to release information from the relevant pupil’s records to the members of the panel so convened:
(1) The principal of a public school other than the public school at which the record is on file.
(2) A certificated employee appointed by the chairman of the certificated employee council of the district, or, if no such council exists, a certificated employee appointed by the parent.
(3) A parent appointed by the superintendent or by the governing board of the district, depending upon who convenes the panel.
(b) The persons appointed pursuant to paragraphs (2) and (3) of subdivision (a) shall, if possible, not be acquainted with the pupil, his parent or guardian, or the certificated employee who recorded the information, except when the parent or guardian appoints the person pursuant to paragraph (2).
(c) The principal appointed to the hearing panel shall serve as its chairman.
(d) The hearing panel shall, in closed session, hear the objections to the information of the parent and the testimony of the certificated employee who recorded the information in question, if any, and if such employee is presently employed by the school district.
The hearing panel shall be provided with verbatim copies of the information which is the subject of the controversy.
Written findings shall be made setting forth the facts and decisions of the panel, and such findings shall be forwarded to the superintendent or the governing board, depending upon who convened the panel.
The proceedings of the hearing shall not be disclosed or discussed by panel members except in their official capacities.
(Amended by Stats. 1979, Ch. 373.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 4 - Rights of Parents › Section 49072.

49072. Whenever there is included in any pupil record information concerning any disciplinary action taken by school district personnel in connection with the pupil, the school district maintaining such record or records shall allow the pupil’s parent to include in such pupil record a written statement or response concerning the disciplinary action.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 5 - Privacy of Pupil Records › Section 49073.

49073. (a) School districts shall adopt a policy identifying those categories of directory information as defined in subdivision (c) of Section 49061 that may be released. The school district shall determine which individuals, officials, or organizations may receive directory information. However, no information may be released to a private profitmaking entity other than employers, prospective employers, and representatives of the news media, including, but not limited to, newspapers, magazines, and radio and television stations. The names and addresses of pupils enrolled in grade 12 or who have terminated enrollment before graduation may be provided to a private school or college operating under Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 or its authorized representative. However, no such private school or college shall use that information for other than purposes directly related to the academic or professional goals of the institution, and a violation of this provision is a misdemeanor, punishable by a fine of not to exceed two thousand five hundred dollars ($2,500). In addition, the privilege of the private school or college to receive the information shall be suspended for a period of two years from the time of discovery of the misuse of the information. Any school district may limit or deny the release of specific categories of directory information to any public or private nonprofit organization based upon a determination of the best interests of pupils.
(b) Directory information may be released according to local policy as to any pupil or former pupil. However, notice shall be given at least on an annual basis of the categories of information that the school district plans to release and of the recipients. Directory information shall not be released regarding a pupil if a parent of that pupil has notified the school district that the information shall not be released.
(c) Directory information shall not be released regarding a pupil identified as 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)), unless a parent, or pupil accorded parental rights, as identified in the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), has provided written consent that directory information may be released.
(Amended by Stats. 2013, Ch. 713, Sec. 1. (AB 1068) Effective January 1, 2014.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 5 - Privacy of Pupil Records › Section 49073.2.

49073.2. (a) Notwithstanding Section 49073, a local educational agency shall not include the directory information or the personal information of a pupil or of a parent or guardian of a pupil in the minutes of a meeting of its governing body, except as required by judicial order or federal law, if a pupil who is 18 years of age or older or a parent or guardian of a pupil has provided a written request to the secretary or clerk of the governing body to exclude his or her personal information or the name of his or her minor child from the minutes of a meeting of the governing body.
(b) 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.
(c) This section is not intended to affect the public’s right of access to information pursuant to any other law.
(Added by Stats. 2018, Ch. 788, Sec. 1. (SB 1036) Effective January 1, 2019.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 5 - Privacy of Pupil Records › Section 49073.5.

49073.5. (a) It is the intent of the Legislature that a school district, in adopting a policy pursuant to Section 49073 governing the release of pupil directory information, not purposefully exclude any military services representative from access to that information.
(b) It is further the intent of the Legislature, in the interest of pupil confidentiality, that school districts 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.
(Added by Stats. 1991, Ch. 299, Sec. 1.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 5 - Privacy of Pupil Records › Section 49074.

49074. Nothing in this chapter shall preclude a school district from providing, in its discretion, statistical data from which no pupil may be identified to any public agency or entity or private nonprofit college, university, or educational research and development organization when such actions would be in the best educational interests of pupils.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 5 - Privacy of Pupil Records › Section 49075.

49075. (a) A school district may permit access to pupil records to any person for whom a parent of the pupil has executed written consent specifying the records to be released and identifying the party or class of parties to whom the records may be released. The recipient must be notified that the transmission of the information to others without the written consent of the parent is prohibited. The consent notice shall be permanently kept with the record file.
(b) Notwithstanding subdivision (a), school lunch applications and information shared pursuant to Section 49557.2 shall be retained by any school district in the manner most useful to the administration of the school lunch program.
(Amended by Stats. 2001, Ch. 894, Sec. 2. Effective January 1, 2002.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 5 - Privacy of Pupil Records › Section 49076.7.

49076.7. (a) The Legislature finds and declares both of the following:
(1) Pupil data privacy is a priority because pupils are at risk for identity theft when providing their social security numbers.
(2) A technical brief titled “Data Stewardship: Managing Personally Identifiable Information in Electronic Student Education Records” published by the United States Department of Education states that social security numbers are the single most misused piece of information by criminals perpetrating identity thefts.
(b) A school district, county office of education, or charter school shall not collect or solicit social security numbers or the last four digits of social security numbers from pupils or their parents or guardians unless otherwise required to do so by state or federal law.
(c) The department may additionally prohibit the collection and solicitation of other personally identifiable information, as recommended by the Superintendent and approved by the state board.
(Added by Stats. 2016, Ch. 184, Sec. 1. (AB 2097) Effective January 1, 2017.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 5 - Privacy of Pupil Records › Section 49077.

49077. (a) Information concerning a pupil shall be furnished in compliance with a court order or a lawfully issued subpoena. The school district shall make a reasonable effort to notify the pupil’s parent or legal guardian and the pupil in advance of compliance with a lawfully issued subpoena and, in the case of compliance with a court order, if lawfully possible within the requirements of the order.
(b) Once a court order or lawfully issued subpoena is issued to obtain a pupil’s contact information, the school district shall make a reasonable effort to enter into an agreement with the entity that obtained the court order or subpoena requiring that the pupil contact information be maintained in a confidential manner.
(c) Notwithstanding the content or existence of any agreement with a school district, a party that obtains pupil contact information pursuant to this section shall not use or disseminate that information for any purpose except as authorized by the court order or subpoena.
(Amended by Stats. 2019, Ch. 497, Sec. 68. (AB 991) Effective January 1, 2020.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 5 - Privacy of Pupil Records › Section 49078.

49078. The service of a lawfully issued subpoena or a court order upon a public school employee solely for the purpose of causing him or her to produce a school record pertaining to any pupil may be complied with by that employee, in lieu of the personal appearance as a witness in the proceeding, by submitting to the court, or other agency, or person designated in the subpoena, at the time and place required by the subpoena or court order, a copy of that record, accompanied by an affidavit certifying that the copy is a true copy of the original record on file in the school or school office. The copy of the record shall be in the form of a photostat, microfilm, microcard, or miniature photograph or other photographic copy or reproduction, or an enlargement thereof.
(Amended by Stats. 1996, Ch. 879, Sec. 3. Effective January 1, 1997.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 5 - Privacy of Pupil Records › Section 49079.

49079. (a) A school district shall inform the teacher of each pupil who has engaged in, or is reasonably suspected to have engaged in, any of the acts described in any of the subdivisions, except subdivision (h), of Section 48900 or in Section 48900.2, 48900.3, 48900.4, or 48900.7 that the pupil engaged in, or is reasonably suspected to have engaged in, those acts. The district shall provide the information to the teacher based upon any records that the district maintains in its ordinary course of business, or receives from a law enforcement agency, regarding a pupil described in this section.
(b) A school district, or school district officer or employee, is not civilly or criminally liable for providing information under this section unless it is proven that the information was false and that the district or district officer or employee knew or should have known that the information was false, or the information was provided with a reckless disregard for its truth or falsity.
(c) An officer or employee of a school district who knowingly fails to provide information about a pupil who has engaged in, or who is reasonably suspected to have engaged in, the acts referred to in subdivision (a) is guilty of a misdemeanor, which is punishable by confinement in the county jail for a period not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or both.
(d) For the 1994–95 school year, the information provided shall be from the previous two school years. For the 1996–97 school year and each school year thereafter, the information provided shall be from the previous three school years.
(e) Any information received by a teacher pursuant to this section shall be received in confidence for the limited purpose for which it was provided and shall not be further disseminated by the teacher.
(Amended by Stats. 2000, Ch. 345, Sec. 2. Effective January 1, 2001.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 5 - Privacy of Pupil Records › Section 49079.5.

49079.5. The Legislature recognizes that a longitudinal pupil data system provides direct and tangible benefits to pupils, educators, policymakers, and the public. The Legislature intends to make statewide longitudinal education data accessible to, and used to inform and engage, authorized stakeholders in an effort to support the continuous improvement of instruction, operations, management, and resource allocation, and in a manner that complies with all federal and state privacy laws. The Legislature intends to make statewide longitudinal education data available and accessible to researchers so they may evaluate the effectiveness of instructional materials, strategies, and approaches for educating different types of pupils in a manner that complies with federal and state privacy laws, including, but not limited to, the Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) (FERPA). It is the intent of the Legislature, in enacting this section, to accomplish all of the following:
(a) Comply with the United States Constitution and all applicable federal laws, including FERPA and its implementing regulations (34 C.F.R. 99).
(b) Comply with the California Constitution and all applicable state laws and their implementing regulations, including, but not limited to, Section 1798.24 of the Civil Code.
(c) Further an environment in which the department and the California Longitudinal Pupil Achievement Data System (CALPADS) serve as resources for local educational agencies.
(d) Promote a culture of continuous improvement through collaboration and informed decisionmaking at the classroom, school, district, state, and policymaker level.
(e) Minimize the anticipated workload increase on the department that may be generated by an increased number of data requests as CALPADS becomes operational, by establishing clear guidance on data access and an efficient process for responding to requests for access.
(f) Pursuant to FERPA and as defined in Section 1798.24 of the Civil Code, make pupil data available to qualified researchers from nonprofit organizations while appropriately protecting the privacy of individual pupils.
(Added by Stats. 2010, 5th Ex. Sess., Ch. 1, Sec. 4. (SB 2 5x) Effective April 12, 2010.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6.5 - Pupil Records › ARTICLE 5 - Privacy of Pupil Records › Section 49079.7.

49079.7. (a) Notwithstanding paragraph (3) of subdivision (c) of Section 49079.6, the department shall impose reasonable fees or charges upon researchers applying for access to individually identifiable data, in order to cover costs of responding to time-intensive request.
(b) Fees or charges imposed upon an applicant pursuant to this section shall equal the actual costs incurred by the department in responding to the applicant’s request.
(c) Fees or charges shall not be imposed pursuant to this section upon any state agency, except for fees or charges related to the release of data for research purposes to the University of California, the California State University, or the Chancellor of the California Community Colleges.
(Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 6. (SB 1 5x) Effective April 12, 2010.)