California 2011-2012 Regular Session Status: Enacted

AB 143 — Pupil records: privacy rights.

Last action — Chaptered by Secretary of State - Chapter 434, Statutes of 2011.

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

This bill has been enacted into law. Introduced January 13, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law authorizes school districts to release pupil directory information, as specified, and defines directory information as one or more prescribed items, including, among others, a pupil's name, address, telephone number, and date and place of birth. This bill would redefine directory information to no longer include a pupil's place of birth and to also include a pupil's e-mail address. (2) 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, including to a probation officer or district attorney for the purposes of conducting a criminal investigation, or an investigation in regards to declaring a person a ward of the court or involving a violation of a condition of probation. This bill would additionally allow school districts to permit a counsel of record for a minor to access pupil records for the same purposes stated above. The bill would also require a probation officer, district attorney, and counsel of record for a minor to be deemed to be local officials for purposes of specified federal law, and would require pupil records obtained pursuant to the above provision to be subject to specified evidentiary rules. (3) Existing law requires the recipient of pupil records to be notified of the prohibition against transmitting the information to others without the written consent of the parent. This bill would require officials and authorities receiving pupil records pursuant to specified law to certify in writing to the school district that the information shall not be disclosed to another party, except as provided under specified federal law and state law, without the prior written consent of the parent of the pupil or the person identified as the holder of the pupil's educational rights. The bill would also authorize a local educational agency or other person or party to release pupil records or information to specified persons or parties not otherwise permitted access if the records or information are deidentified, as specified. (4) This bill would also make various technical, nonsubstantive changes to these provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 434, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2543.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 17 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 1915.).

  7. Ordered to special consent calendar.

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 5. Noes 0.) (July 5).

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  11. In committee: Set, first hearing. Hearing canceled at the request of author.

  12. From committee: Do pass and re-refer to Com. on JUD. with recommendation: to consent calendar. (Ayes 9. Noes 0.) (June 22). Re-referred to Com. on JUD.

  13. In committee: Set, first hearing. Hearing canceled at the request of author.

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

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 1047.)

  17. Read second time. Ordered to consent calendar.

  18. From committee: Do pass. To consent calendar. (Ayes 9. Noes 0.) (April 12).

  19. Re-referred to Com. on JUD.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  21. Re-referred to Com. on JUD.

  22. Read second time and amended.

  23. From committee: Do pass as amended and re-refer to Com. on JUD. with recommendation: to consent calendar. (Ayes 10. Noes 0.) (March 30).

  24. In committee: Hearing postponed by committee.

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

  26. From printer. May be heard in committee February 13.

  27. Read first time. To print.

Sponsors

  • Fuentes · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Fuentes

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

AB 143 FUENTES Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 74003
Democratic 1000
Republican 2000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Halderman — Yea
Butler — Yea
Hagman — Yea
John A. Pérez — Yea
Mitchell — Yea
Hill — Yea
Huber — Yea
Atkins — Yea
Hueso — Yea
Knight — Yea
Carter — Yea
Portantino — Yea
Ammiano — Yea
Cedillo — Yea
Chesbro — Yea
Cook — Yea
Donnelly — Yea
Mendoza — Yea
Miller — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Valadao — Yea
Yamada — Yea
Campos — Yea
Allen — Yea
Eng — Yea
Fuentes — Yea
Fong — Yea
Fletcher — Yea
Conway — Yea
Furutani — Yea
Bonilla — Not Voting
Gatto — Yea
Gordon — Yea
Block — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Huffman — Yea
Lara — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Olsen — Yea
Silva — Yea
Wagner — Yea
Williams — Yea
Feuer — Yea
Davis — Yea
Dickinson — Yea
Galgiani — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Special Consent #7

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cannella — Yea
Fuller — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Harman — Yea
Hernandez — Yea
Rubio — Yea
Corbett — Yea
Runner — Not Voting
Anderson — Yea
Blakeslee — Yea
Dutton — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Wright — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Simitian — Yea
Wolk — Yea
Emmerson — Yea
Correa — Yea
Evans — Not Voting
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 5 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Total 5000
% of votes cast 100%0%0%0%
How each member voted (5)
Member Party Vote
Harman — Yea
Leno — Yea
Blakeslee — Yea
Corbett — Yea
Evans — Yea

Official roll call →

AB 143 FUENTES Consent Calendar Second Day

Passed 68 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 630011
Republican 2000
Democratic 3000
Total 680011
% of votes cast 86%0%0%14%
How each member voted (79)
Member Party Vote
Hagman — Yea
Hall — Yea
Butler — Yea
Eng — Yea
Fuentes — Yea
Carter — Yea
Garrick — Yea
Gatto — Yea
Cedillo — Yea
Harkey — Yea
Hayashi — Yea
Huber — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hueso — Yea
Conway — Yea
Cook — Yea
Knight — Yea
Nestande — Yea
Perea — Yea
Silva — Yea
Skinner — Yea
Swanson — Yea
Valadao — Yea
Wagner — Yea
Williams — Yea
Campos — Yea
Bonilla — Yea
Atkins — Yea
Furutani — Not Voting
Fletcher — Not Voting
Gordon — Yea
Gorell — Not Voting
Halderman — Not Voting
Chesbro — Yea
Jeffries — Not Voting
Beall — Yea
Donnelly — Not Voting
Lara — Yea
Mendoza — Yea
Miller — Yea
Monning — Not Voting
Morrell — Not Voting
Norby — Yea
Olsen — Not Voting
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Logue — Yea
Ma — Yea
Mansoor — Not Voting
Nielsen — Yea
Pan — Yea
Smyth — Yea
Feuer — Yea
Davis — Yea
Dickinson — Yea
Galgiani — Yea
Yamada — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 8001
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Atkins — Yea
Gorell — Not Voting
Huber — Yea
Huffman — Yea
Monning — Yea
Dickinson — Yea
Wagner — Yea
Wieckowski — Yea
Feuer — Yea
Jones, Brian W. Republican Yea

Official roll call →

Amend, and do pass as amended and be re-referred to the Committee on Judiciary with the recommendation: To Consent Calendar.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Halderman — Yea
Butler — Yea
Gorell — Not Voting
Carter — Yea
Norby — Yea
Wagner — Yea
Williams — Yea
Ammiano — Yea
Brownley — Yea
Buchanan — Yea
Eng — Yea

Official roll call →

Subjects

civil-rights education
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 143 do?
(1) Existing law authorizes school districts to release pupil directory information, as specified, and defines directory information as one or more prescribed items, including, among others, a pupil's name, address, telephone number, and date and place of birth. This bill would redefine directory information to no longer include a pupil's place of birth and to also include a pupil's e-mail address. (2) 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, including to a probation officer or district attorney for the purposes of conducting a criminal investigation, or an investigation in regards to declaring a person a ward of the court or involving a violation of a condition of probation. This bill would additionally allow school districts to permit a counsel of record for a minor to access pupil records for the same purposes stated above. The bill would also require a probation officer, district attorney, and counsel of record for a minor to be deemed to be local officials for purposes of specified federal law, and would require pupil records obtained pursuant to the above provision to be subject to specified evidentiary rules. (3) Existing law requires the recipient of pupil records to be notified of the prohibition against transmitting the information to others without the written consent of the parent. This bill would require officials and authorities receiving pupil records pursuant to specified law to certify in writing to the school district that the information shall not be disclosed to another party, except as provided under specified federal law and state law, without the prior written consent of the parent of the pupil or the person identified as the holder of the pupil's educational rights. The bill would also authorize a local educational agency or other person or party to release pupil records or information to specified persons or parties not otherwise permitted access if the records or information are deidentified, as specified. (4) This bill would also make various technical, nonsubstantive changes to these provisions.
Who sponsors AB 143?
AB 143 is sponsored by Fuentes.
What is the current status of AB 143?
This bill has been enacted into law. Introduced January 13, 2011. Enacted.
Where can I track AB 143?
Track AB 143 free on One Click Politics — get push/email alerts when it moves.

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