School districts shall establish, maintain, and destroy pupil records in accordance with the State Board of Education regulations. Pupil records shall include the pupil's health record.
Upon receiving a transfer request from a county placing agency, the local education agency shall transfer the pupil in foster care out of school and transfer the pupil's records and educational information to the next educational placement.
After reviewing a pupil's record, the parent or guardian of the pupil may challenge the content of the record on the basis that it is: 1) Inaccurate; (2) An unsubstantiated personal conclusion or inference; (3) A conclusion or inference outside of the observer's area of competence; (4) Not based on the personal observation of a named person with the time and place of the observation noted; (5) Misleading; (6) In violation of the privacy or other rights of the pupil.
If the school district superintendent denies the allegations, the pupil's parent may appeal to the school district's governing board. Administrative proceeding records regarding the appeal shall be confidential and destroyed one year after the governing board makes a decision.
If a parent provides written consent, a school district may allow the identified person to access pupil records. The recipient of records may not further disclose information without written consent from the parent.
Except as listed in this provision, school districts may not allow access to pupil records without written parental consent or under judicial order. School districts may participate in an interagency data information system that allows access to a computerized database system within and between government agencies or districts to share information and records that are not privileged if the listed requirements are met.
Upon request, school districts shall release to a designated peace officer with a proper police purpose for the use of the information, any information pertaining to the transfer of a pupil's records to another school district or a private school. In order to protect the pupil's privacy interests, the request for information must be in accord with the listed requirements.
A school district must provide student information in accordance with a court order or subpoena. The school district must make a reasonable effort to notify the parent of such disclosure if legally permissible.
In lieu of appearing at the proceeding pursuant to a court order or subpoena to produce a pupil's school record, the public school employee may submit a copy of the record to the court.
