SECTIONS 76240-76246 - California Statutes

EDUCATION CODE

SECTION 76240-76246

76240. (a) (1) Community college districts shall adopt a policy
identifying those categories of directory information, as defined
under Section 1232g of Title 20 of the United States Code as it
exists on January 1, 2006, that may be released. The names and
addresses of students may be provided to a private school or college
operating under Sections 8080 to 8093, inclusive, Sections 33190 and
33191, or Sections 94000 to 94409, inclusive, or its authorized
representative. However, no private school or college shall use this
information for other than purposes directly related to the academic
or professional goals of the institution.
(2) Any violation of this subdivision is a misdemeanor, punishable
by a fine not to exceed two thousand five hundred dollars ($2,500),
and, in addition, the privilege of the school or college to receive
this information shall be suspended for a period of two years from
the time of discovery of the misuse of the information.
(b) Any community college district may limit or deny the release
of specific categories of directory information based upon a
determination of the best interests of students.
(c) Directory information may be released according to local
policy as to any former student or any student currently attending
the community college. However, public notice shall be given at least
annually of the categories of information that the district plans to
release and of the recipients. No directory information shall be
released regarding any student or former student when the student or
former student has notified the institution that the information
shall not be released.

76241. Nothing in this chapter shall preclude a community college
from providing, in its discretion, statistical data from which no
student may be identified to any public agency or entity or private
nonprofit college, university, or educational research and
development organization when such actions would be in the best
educational interests of students.

76242. A community college district may permit access to student
records to any person for whom the student has executed written
consent specifying the records to be released and identifying the
party or class of parties to whom the records may be released. The
recipient must be notified that the transmission of the information
to others without the written consent of the student is prohibited.
The consent notice shall be permanently kept with the record file.

76243. (a) A community college or community college district is not
authorized to permit access to student records to any person without
the written consent of the student or under judicial order except
that access may be permitted to the following:
(1) Officials and employees of the community college, if that
person has a legitimate educational interest to inspect a record.
(2) Authorized representatives of the Comptroller General of the
United States, the Secretary of Health, Education, and Welfare, an
administrative head of an education agency, state education
officials, or their respective designees or the United States Office
of Civil Rights, where that information is necessary to audit or
evaluate a state or federally supported education program or pursuant
to a federal or state law, except that when the collection of
personally identifiable information is specifically authorized by
federal law, any data collected by those officials shall be protected
in a manner that will not permit the personal identification of
students or their parents by other than those officials, and any
personally identifiable data shall be destroyed when no longer needed
for that audit, evaluation, and enforcement of federal legal
requirements.
(3) Other state and local officials or authorities to the extent
that information is specifically required to be reported pursuant to
state law adopted prior to November 19, 1974.
(4) Officials of other public or private schools or school
systems, including local, county, or state correctional facilities
where educational programs are provided, where the student seeks or
intends to enroll, or is directed to enroll, subject to the rights of
students as provided in Section 76225.
(5) Agencies or organizations in connection with a student's
application for, or receipt of, financial aid, provided that
information permitting the personal identification of students may be
disclosed only as may be necessary for those purposes as to
determine the eligibility of the student for financial aid, to
determine the amount of the financial aid, to determine the
conditions that will be imposed regarding the financial aid, or to
enforce the terms or conditions of the financial aid.
(6) Accrediting organizations in order to carry out their
accrediting functions.
(7) Organizations conducting studies for, or on behalf of,
educational agencies or institutions for the purpose of developing,
validating, or administering predictive tests, administering student
aid programs, and improving instruction, if those studies are
conducted in such a manner as will not permit the personal
identification of students or their parents by persons other than
representatives of those organizations and the information will be
destroyed when no longer needed for the purpose for which it is
conducted.
(8) Appropriate persons in connection with an emergency if the
knowledge of that information is necessary to protect the health or
safety of a student or other persons, or subject to any regulations
issued by the Secretary of Health, Education, and Welfare.
No person, persons, agency or organization permitted access to
student records pursuant to this section shall permit access to any
information obtained from those records by any other person, persons,
agency or organization without the written consent of the student,
provided that this paragraph shall not require prior student consent
when information obtained pursuant to this section is shared with
other persons within the educational institution, agency or
organization obtaining access, so long as those persons have a
legitimate educational interest in the information.
(b) The alleged victim of any sexual assault or physical abuse,
including rape, forced sodomy, forced oral copulation, rape by a
foreign object, sexual battery, or threat or assault, or any conduct
that threatens the health and safety of the alleged victim, which is
the basis of any disciplinary action taken by a community college,
shall be permitted access to that information. For the purposes of
this subdivision, access to student record information shall be in
the form of notice of the results of any disciplinary action by the
community college and the results of any appeal, which shall be
provided to the alleged victim within three days following that
disciplinary action or appeal. The alleged victim shall keep the
results of that disciplinary action and appeal confidential.

76244. Information concerning a student shall be furnished in
compliance with a court order or a lawfully issued subpoena. The
community college district shall make a reasonable effort to notify
the student in advance of compliance with a lawfully issued subpoena
and, in the case of compliance with a court order, if lawfully
possible within the requirements of the order.

76245. The service of a lawfully issued subpoena or a court order
upon a community college employee solely for the purpose of causing
the employee to produce a school record pertaining to any student may
be complied with by that employee, in lieu of the personal
appearance as a witness in the proceeding, by submitting to the
court, or other agency or person designated in the subpoena, at the
time and place required by the subpoena or court order, a copy of
that record, accompanied by an affidavit certifying that the copy is
a true copy of the original record on file in the community college
or community college office. The copy of the record shall be in the
form of a photostat, microfilm, microcard, or miniature photograph or
other photographic copy or reproduction, or an enlargement thereof.

76246. The Board of Governors of the California Community Colleges
shall adopt appropriate rules and regulations to insure the orderly
implementation of this chapter. A community college district
governing board may adopt rules and regulations which are not
inconsistent with this chapter or with those adopted by the board of
governors in order to ensure the orderly implementation of this
chapter.