Law / United States / 
California
Pupil records: required terms in contracts with third-party providers of digital educational software and services
Cal. Education Code section 49073.1
In force.
A sensitive categories rule binding government bodies.
- Obligation class
- Contract terms, Prohibition, Retention
As of .
What it requires
- If you are a local educational agency (a school district, county office of education or charter school) that contracts with a third party to store, manage or retrieve pupil records or to provide digital educational software that accesses, stores and uses them, ensure the contract states that pupil records remain the property of and under the control of the agency (section 49073.1(b)(1)).
- Ensure the contract prohibits the third party from using any information in the pupil record for any purpose other than those the contract requires or specifically permits, and from using personally identifiable information in pupil records to engage in targeted advertising (section 49073.1(b)(3) and (9)).
- Ensure the contract describes how a parent, legal guardian or eligible pupil may review and correct the pupil's records, the security and confidentiality actions the third party will take, and the procedures for notifying the affected parent, guardian or pupil of an unauthorized disclosure (section 49073.1(b)(4) to (6)).
- Ensure the contract certifies that a pupil's records will not be retained or available to the third party when the contract ends, describes how that certification will be enforced, and describes how the agency and the third party will jointly ensure compliance with the Family Educational Rights and Privacy Act (section 49073.1(b)(7) and (8)).
These lines are LexLint's reading of the law's text, as of .
What this law does
Education Code section 49073.1 lets a local educational agency contract with a third party for cloud-based services for the digital storage, management and retrieval of pupil records, or for digital educational software that accesses, stores and uses pupil records. Section 49073.1(b)(1) requires the agency to ensure the contract contains a statement that pupil records continue to be the property of and under the control of the local educational agency.
Section 49073.1(b)(3) requires the contract to prohibit the third party from using any information in the pupil record for any purpose other than those required or specifically permitted by the contract. Section 49073.1(b)(9) requires the contract to prohibit the third party from using personally identifiable information in pupil records to engage in targeted advertising.
Section 49073.1(b)(7)(A) requires the contract to include a certification that a pupil's records will not be retained or available to the third party upon completion of the terms of the contract. Under section 49073.1(c), a contract that fails to comply is rendered void if, after notice and a reasonable opportunity to cure, the noncompliant party fails to cure. Section 49073.1 as currently in force was amended by Statutes 2015, chapter 386 (SB 436), effective .
When LexLint raises it
When your app profile says your app serves under-18s.