California 2011-2012 Regular Session Status: Passed Assembly

AB 1937 — Pupil records: privacy rights.

Last action — In committee: Set, second hearing. Hearing canceled at the request of author.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law prohibits a school district from permitting access to pupil records to a person without written parental consent or under judicial order, except to specified persons under certain circumstances. Existing law authorizes school districts to release information from pupil records to specified persons, including appropriate persons in connection with an emergency if the knowledge of the information is necessary to protect the health or safety of a pupil or other persons; agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid; county elections officials, for the purpose of identifying pupils eligible to register to vote; accrediting associations in order to carry out their accrediting functions; 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, or improving instruction; and officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll, subject to specified rights of parents. This bill would additionally allow a school district to release information from pupil records to a contractor, consultant, or other party to whom a local educational agency or institution has outsourced institutional services or functions if he or she performs an institutional service or function for which the local educational agency or institution would otherwise use employees, he or she is under the direct control of the local educational agency or institution with respect to the use and maintenance of educational records, and he or she may use the information only for purposes for which the disclosure was made, and is prohibited from disclosing the information to any other party without the prior written consent of the parent or eligible pupil. The bill would require a local educational agency or institution to use reasonable methods to ensure that the contractors, consultants, or other parties to whom information from pupil records is released under this bill obtain access only to those educational records in which they have a legitimate educational interest, as prescribed.

Bill Text

Action History

  1. In committee: Set, second hearing. Hearing canceled at the request of author.

  2. In committee: Set first hearing. Failed passage. Reconsideration granted.

  3. Referred to Coms. on ED. and JUD.

  4. In Senate. Read first time. To Com. on RLS. for assignment.

  5. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 6. Page 4673.)

  6. Read second time. Ordered to third reading.

  7. Read second time and amended. Ordered to second reading.

  8. From committee: Do pass as amended. (Ayes 7. Noes 0.) (April 24).

  9. Re-referred to Com. on JUD.

  10. Read second time and amended.

  11. From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 1.) (March 28).

  12. Referred to Coms. on ED. and JUD.

  13. From printer. May be heard in committee March 24.

  14. Read first time. To print.

Sponsors

  • Silva · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Silva

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Failed 2 Yea · 4 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 2404
Total 2404
% of votes cast 20%40%0%40%
How each member voted (10)
Member Party Vote
Hancock — Nay
Lowenthal — Yea
Runner — Not Voting
Blakeslee — Not Voting
Liu — Nay
Simitian — Nay
Vargas — Not Voting
Alquist — Nay
Huff — Yea
Price — Not Voting

Official roll call →

Passed 52 Yea · 6 Nay · 22 Other
Party YeaNayPresentNot Voting
Unaffiliated 516020
Republican 1001
Democratic 0001
Total 526022
% of votes cast 65%8%0%28%
How each member voted (80)
Member Party Vote
Gordon — Not Voting
Hagman — Yea
Hall — Not Voting
Yamada — Yea
Butler — Nay
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Garrick — Yea
Fong — Yea
Carter — Yea
Allen — Yea
Gorell — Yea
Portantino — Yea
John A. Pérez — Yea
Halderman — Yea
Harkey — Yea
Cedillo — Not Voting
Hayashi — Yea
Atkins — Yea
Hill — Yea
Huffman — Yea
Conway — Yea
Cook — Yea
Jeffries — Yea
Knight — Yea
Alejo — Not Voting
Ammiano — Nay
Beall — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Yea
Lara — Nay
Logue — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Pan — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Valadao — Yea
Wieckowski — Nay
Mitchell — Not Voting
Fletcher — Not Voting
Bonilla — Not Voting
Hueso — Not Voting
Campos — Not Voting
Monning — Not Voting
Blumenfield — Not Voting
Chesbro — Not Voting
Smyth — Not Voting
Achadjian — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Not Voting
Huber — Yea
Ma — Not Voting
Mansoor — Yea
Norby — Yea
Perea — Yea
Skinner — Yea
Swanson — Nay
Wagner — Yea
Williams — Not Voting
Eng — Yea
Furutani — Not Voting
Gatto — Nay
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Not Voting
Roger Hernández — Not Voting
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass as amended.

Passed 7 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 6003
Republican 1000
Total 7003
% of votes cast 70%0%0%30%
How each member voted (10)
Member Party Vote
Gorell — Yea
Atkins — Yea
Alejo — Not Voting
Huber — Yea
Monning — Not Voting
Wieckowski — Not Voting
Wagner — Yea
Feuer — Yea
Dickinson — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1937 do?
Existing law prohibits a school district from permitting access to pupil records to a person without written parental consent or under judicial order, except to specified persons under certain circumstances. Existing law authorizes school districts to release information from pupil records to specified persons, including appropriate persons in connection with an emergency if the knowledge of the information is necessary to protect the health or safety of a pupil or other persons; agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid; county elections officials, for the purpose of identifying pupils eligible to register to vote; accrediting associations in order to carry out their accrediting functions; 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, or improving instruction; and officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll, subject to specified rights of parents. This bill would additionally allow a school district to release information from pupil records to a contractor, consultant, or other party to whom a local educational agency or institution has outsourced institutional services or functions if he or she performs an institutional service or function for which the local educational agency or institution would otherwise use employees, he or she is under the direct control of the local educational agency or institution with respect to the use and maintenance of educational records, and he or she may use the information only for purposes for which the disclosure was made, and is prohibited from disclosing the information to any other party without the prior written consent of the parent or eligible pupil. The bill would require a local educational agency or institution to use reasonable methods to ensure that the contractors, consultants, or other parties to whom information from pupil records is released under this bill obtain access only to those educational records in which they have a legitimate educational interest, as prescribed.
Who sponsors AB 1937?
AB 1937 is sponsored by Silva.
What is the current status of AB 1937?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1937?
Track AB 1937 free on One Click Politics — get push/email alerts when it moves.

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