SECTIONS 56515 - California Statutes

EDUCATION CODE

SECTION 56515

56515. (a) In addition to the provisions of Chapter 6.5 (commencing
with Section 49060) of Part 27, the confidentiality of personally
identifiable information about individuals with exceptional needs
shall be governed and protected in accordance with Sections 1412(a)
(8) and 1417(c) of Title 20 of the United States Code and Part 300
(commencing with Section 300.1) of Title 34 of the Code of Federal
Regulations, including Sections 300.611 to 300.626, inclusive,
covering notice to parents, access rights, records of access, records
on more than one child, list of types and locations of information,
fees, amendment of records at parent's request, opportunity for a
hearing, result of hearing, hearing procedures, consent, destruction
of information, children's privacy rights, and enforcement, and
Section 1413(i) of Title 20 of the United States Code and Section
300.229 of Title 34 of the Code of Federal Regulations, regarding
disciplinary information.
(b) Pursuant to Section 300.32 of Title 34 of the Code of Federal
Regulations, "personally identifiable," as used in this part,
includes all of the following information:
(1) The name of the child, the parent of the child, or other
family member.
(2) The address of the child.
(3) A personal identifier, including, but not limited to, the
social security number of the child, a pupil number, a list of
personal characteristics, or other information that would make it
possible to identify the child with reasonable certainty.
(c) (1) In accordance with Section 300.622 of Title 34 of the Code
of Federal Regulations, parental consent shall be obtained before
personally identifiable information is disclosed to the parties,
other than officials of participating agencies in accordance with
Section 300.622(b)(1) of Title 34 of the Code of Federal Regulations,
unless the information is contained in education records, and the
disclosure is authorized without parental consent under Part 99
(commencing with Section 99.1) of Title 34 of the Code of Federal
Regulations. Except as provided in paragraphs (2) and (3), parental
consent is not required before personally identifiable information is
released to officials of participating agencies for purposes of
meeting a requirement of this part or Part 300 (commencing with
Section 300.1) of Title 34 of the Code of Federal Regulations.
(2) Parental consent, or the consent of an eligible child who has
reached the age of 18 years, shall be obtained before personally
identifiable information is released to officials of participating
agencies providing or paying for transition services in accordance
with Section 300.321(b)(3) of Title 34 of the Code of Federal
Regulations.
(3) If a child is enrolled, or is going to enroll in a private
school that is not located in the local educational agency of the
residence of the parent, parental consent shall be obtained before
any personally identifiable information about the child is released
between officials in the local educational agency where the private
school is located and officials in the local educational agency of
the residence of the parent.