Upon request, school districts shall release to a designated peace officer with a proper police purpose for the use of the information, any information pertaining to the transfer of a pupil's records to another school district or a private school. In order to protect the pupil's privacy interests, the request for information must be in accord with the listed requirements.
For purposes of California's adoption of the Interstate Compact on Educational Opportunity for Military Children, "educational records" means: those official records, files, and data directly related to a student and maintained by the school or local education agency, including records encompassing all the material kept in the student's cumulative folder such as general identifying data and health data.
Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student's official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within ten (10) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission to the extent practicable in each case.
Upon receiving a transfer request from a county placing agency, the local education agency shall transfer the pupil in foster care out of school and transfer the pupil's records and educational information to the next educational placement.
If a parent provides written consent, a school district may allow the identified person to access pupil records. The recipient of records may not further disclose information without written consent from the parent.
Except as listed in this provision, school districts may not allow access to pupil records without written parental consent or under judicial order. School districts may participate in an interagency data information system that allows access to a computerized database system within and between government agencies or districts to share information and records that are not privileged if the listed requirements are met.
A school district must provide student information in accordance with a court order or subpoena. The school district must make a reasonable effort to notify the parent of such disclosure if legally permissible.
In lieu of appearing at the proceeding pursuant to a court order or subpoena to produce a pupil's school record, the public school employee may submit a copy of the record to the court.
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 the Family Educational Rights and Privacy Act of 2001 (FERPA). It is the intent of the Legislature to make pupil data available to qualified researchers from nonprofit organizations while appropriately protecting the privacy of individual pupils.
Commencing on July 1, 2010, and to the extent permissible under the Family Educational Rights and Privacy Act (FERPA) and state law, the Department of Education may act on behalf of local educational agencies under FERPA, including providing access to and protecting the security of pupil data, and may release pupil data to qualified researchers from nonprofit entities. [This law is effective until July 1, 2013, and as of January 1, 2014, is repealed, unless a later enacted statute deletes or extends that date.]
