Bill Text: CA AB1442 | 2013-2014 | Regular Session | Chaptered
Bill Title: Pupil records: social media.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2014-09-29 - Chaptered by Secretary of State - Chapter 799, Statutes of 2014. [AB1442 Detail]
Download: California-2013-AB1442-Chaptered.html
BILL NUMBER: AB 1442 CHAPTERED
BILL TEXT
CHAPTER 799
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2014
APPROVED BY GOVERNOR SEPTEMBER 29, 2014
PASSED THE SENATE AUGUST 26, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN SENATE JULY 1, 2014
AMENDED IN SENATE JUNE 5, 2014
AMENDED IN ASSEMBLY MAY 1, 2014
AMENDED IN ASSEMBLY APRIL 7, 2014
AMENDED IN ASSEMBLY MARCH 25, 2014
INTRODUCED BY Assembly Member Gatto
(Coauthor: Assembly Member Gonzalez)
(Coauthor: Senator Lara)
JANUARY 6, 2014
An act to add Section 49073.6 to the Education Code, relating to
pupil records.
LEGISLATIVE COUNSEL'S DIGEST
AB 1442, Gatto. Pupil records: social media.
Existing law requires school districts to establish, maintain, and
destroy pupil records according to regulations adopted by the State
Board of Education.
This bill would, notwithstanding that provision, require a school
district, county office of education, or charter school that
considers a program to gather or maintain in its records any
information obtained from social media, as defined, of any pupil
enrolled in the school district, county office of education, or
charter school to first notify pupils and their parents or guardians
about the proposed program, and to provide an opportunity for public
comment at a regularly scheduled public meeting before the adoption
of the program. The bill would require a school district, county
office of education, or charter school that adopts a program pursuant
to these provisions to, among other things, gather and maintain only
information that pertains directly to school safety or to pupil
safety, provide a pupil with access to any information about the
pupil obtained from social media, and destroy the information
gathered from social media and maintained in its records, as
provided. If a school district, county office of education, or
charter school contracts with a 3rd party to gather information from
social media on an enrolled pupil, the bill would prohibit the 3rd
party from using the information for purposes other than to satisfy
the terms of the contract, prohibit the 3rd party from selling or
sharing the information with any person or entity, except as
provided, and would provide additional restrictions on the
destruction of the information by the 3rd party, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 49073.6 is added to the Education Code, to
read:
49073.6. (a) For purposes of this section, the following terms
have the following meanings:
(1) "Educational purposes" means for purposes that aid in
instruction in the classroom or at home, or in classroom
administration.
(2) (A) "Social media" means an electronic service or account, or
electronic content, including, but not limited to, videos, still
photographs, blogs, video blogs, podcasts, instant and text messages,
email, online services or accounts, or Internet Web site profiles or
locations.
(B) "Social media" shall not include an electronic service or
account used exclusively for educational purposes or primarily to
facilitate creation of school-sponsored publications, such as a
yearbook or pupil newspaper, under the direction or control of a
school, teacher, or yearbook adviser.
(b) Notwithstanding any other law or regulation, a school
district, county office of education, or charter school that
considers a program to gather or maintain in its records any
information obtained from social media of any enrolled pupil shall
notify pupils and their parents or guardians about the proposed
program and provide an opportunity for public comment at a regularly
scheduled public meeting of the governing board of the school
district or county office of education, or governing body of the
charter school, as applicable, before the adoption of the program.
The notification required by this subdivision may be provided as part
of the notification required pursuant to Section 48980.
(c) Notwithstanding Section 49062, a school district, county
office of education, or charter school that adopts a program pursuant
to subdivision (b) shall do all of the following:
(1) Gather or maintain only information that pertains directly to
school safety or to pupil safety.
(2) Provide a pupil with access to any information about the pupil
gathered or maintained by the school district, county office of
education, or charter school that was obtained from social media, and
an opportunity to correct or delete such information.
(3) (A) Destroy information gathered from social media and
maintained in its records within one year after a pupil turns 18
years of age or within one year after the pupil is no longer enrolled
in the school district, county office of education, or charter
school, whichever occurs first.
(B) Notify each parent or guardian of a pupil subject to the
program that the pupil's information is being gathered from social
media and that any information subject to this section maintained in
the school district's, county office of education's, or charter
school's records with regard to the pupil shall be destroyed in
accordance with subparagraph (A). The notification required by this
subparagraph may be provided as part of the notification required
pursuant to Section 48980. The notification shall include, but is not
limited to, all of the following:
(i) An explanation of the process by which a pupil or a pupil's
parent or guardian may access the pupil's records for examination of
the information gathered or maintained pursuant to this section.
(ii) An explanation of the process by which a pupil or a pupil's
parent or guardian may request the removal of information or make
corrections to information gathered or maintained pursuant to this
section.
(C) If the school district, county office of education, or charter
school contracts with a third party to gather information from
social media on an enrolled pupil, require the contract to do all of
the following:
(i) Prohibit the third party from using the information for
purposes other than to satisfy the terms of the contract.
(ii) Prohibit the third party from selling or sharing the
information with any person or entity other than the school district,
county office of education, charter school, or the pupil or his or
her parent or guardian.
(iii) Require the third party to destroy the information
immediately upon satisfying the terms of the contract.
(iv) Require the third party, upon notice and a reasonable
opportunity to act, to destroy information pertaining to a pupil when
the pupil turns 18 years of age or is no longer enrolled in the
school district, county office of education, or charter school,
whichever occurs first. The school district, county office of
education, or charter school shall provide notice to the third party
when a pupil turns 18 years of age or is no longer enrolled in the
school district, county office of education, or charter school.
Notice provided pursuant to this clause shall not be used for any
other purpose.
