Law / United States / 
California
Community college student records: confidentiality, student access, directory information and limits on disclosure
Cal. Education Code sections 76200 to 76246
In force.
A sensitive categories rule binding government bodies.
- Obligation class
- Consent, Disclosure, Data subject rights
- Audit expectation
- on_request
- Who audits it
- Regulator
What it requires
- If you are a community college district, notify students in writing of their rights under the student records chapter on the date of enrollment and at least annually afterward (section 76221).
- Do not permit access to student records without the student's written consent or a judicial order, except to the persons section 76243(a) lists, among them officials and employees with a legitimate educational interest, financial aid agencies and accrediting organizations (section 76243(a)).
- Maintain a log for each student's record of the persons, agencies and organizations requesting or receiving information from it and their legitimate interests, apart from the exceptions the section lists (section 76222).
- Adopt a policy identifying the categories of directory information that may be released, give public notice at least annually of the categories and the recipients, and release no directory information about a student or former student who has notified the college that it is not to be released (section 76240).
- Grant a student's request to inspect and review the student's records no later than 15 working days after the request (section 76230).
- Furnish information about a student in compliance with a court order or a lawfully issued subpoena, and make a reasonable effort to notify the student in advance (section 76244).
These lines are LexLint's reading of the law's text.
What record it asks for
Who may demand the log
Data subject, Regulator
What the log must hold
Actor identity, Access record
Logging duty
A community college must keep a log of each person, agency or organization requesting or receiving information from a student's record, with the legitimate interests; the log is open to inspection only by the student, the responsible college official and the listed federal and state education authorities. The log omits students given access under section 76230, parties receiving directory information, parties holding the student's written consent and officials with a legitimate educational interest.
- Kind
- Explicit
- As of
- Provision
- section 76222
- Trigger
- personal_data_processing
What this law does
Education Code section 76210(a)(1) defines a student record as any item of information directly related to an identifiable student, other than directory information, that a community college maintains or requires an employee to maintain. Section 76243(a) bars a community college or community college district from permitting access to student records without the written consent of the student or a judicial order, except to the persons the subdivision lists.
Section 76222 requires a log for each student's record of the persons, agencies and organizations requesting or receiving information from it and their legitimate interests. Section 76240(c) bars the release of directory information about a student or former student who has notified the institution that it is not to be released. Section 76230 requires each community college district to grant a student's request to inspect and review records no later than 15 working days after the request.
Section 76244 requires information about a student to be furnished in compliance with a court order or a lawfully issued subpoena, and the district to make a reasonable effort to notify the student in advance of compliance with a subpoena.
When LexLint raises it
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