Law / United States / 
California
Pupil records: a person or organization given access to pupil records may not pass the information on without parental consent
Cal. Education Code section 49076(a)(3)
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- If a California school district gives you access to pupil records under Education Code section 49076, including as a contractor or consultant with a legitimate educational interest under a formal written agreement or contract for outsourced institutional services or functions, do not permit any other person, agency or organization access to information obtained from those records without the written consent of the pupil's parent, except as the federal Family Educational Rights and Privacy Act, state law and implementing regulations allow (section 49076(a)(1)(G) and (a)(3)).
- You may share that information within your own institution, agency or organization without prior parental consent only with persons who have a legitimate educational interest in it under section 99.31(a)(1) of Title 34 of the Code of Federal Regulations (section 49076(a)(3)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Section 49076(a)(3) bars a recipient of pupil records from passing on information obtained from them without parental consent. It names no log or record the recipient keeps, no retention period and no reader of a record.
- Kind
- None
- As of
What this law does
Education Code section 49076(a)(3) bars a person, agency or organization permitted access to pupil records under the section from permitting another person, agency or organization access to any information obtained from those records without the written consent of the pupil's parent, except as the federal Family Educational Rights and Privacy Act, state law, including the section, and implementing regulations allow.
Section 49076(a)(3) does not require prior parental consent for sharing that information with other persons within the institution, agency or organization obtaining access, so long as those persons have a legitimate educational interest in it under section 99.31(a)(1) of Title 34 of the Code of Federal Regulations.
Section 49076(a)(1)(G) makes the records relevant to its legitimate educational interest available to a contractor or consultant with a legitimate educational interest that has a formal written agreement or contract with the school district for the provision of outsourced institutional services or functions. Under section 49076(a)(1)(G)(ii), a disclosure to a contractor or consultant may not be extended to a volunteer or other party. Section 49076 as currently in force was amended by Statutes 2017, chapter 829 (SB 233), effective .
When LexLint raises it
When your app profile says your app serves K-12 schools.
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