Senate Bill 24, signed into law on Oct. 11, 2021, added section 6323.5 to the Family Code, which will allow courts, commencing Jan. 1, 2023, to issue restraining orders prohibiting a party from accessing “records and information pertaining to the health care, education, daycare, recreational activities, or employment of a minor child of the parties.” Importantly, SB 24 authorizes courts to issue orders restraining an individual from accessing student records, even if that person is a parent who would otherwise be entitled to the records.

If such an order protecting a minor child’s records is issued, and the order is provided to a school district, SB 24 requires the school district to assist in protecting the information and records of that child.

To that end, SB 24 requires that school districts develop protocols by Feb. 1, 2023, that ensure compliance with a restraining order that prohibits access to student information and records. At a minimum, these protocols must include:

Because school districts are accustomed to providing student records to parents and/or guardians upon request, it will be imperative that districts review their current protocols regarding the release of student records and update those procedures to reflect the requirements of SB 24.

Effective July 27, 2021 (as part of the Post-Secondary Education Budget Trailer Bill - Assembly Bill (AB) 132), section 51225.7 was added to the Education Code, requiring that school districts, county offices of education, and charter schools ensure that all students either: 1) complete and submit the Free Application for Federal Student Aid or, 2) if the pupil is exempt from paying nonresident tuition, complete and submit the Student Aid Commission form for the purposes of the California Dream Act. AB 132 also includes the following provisions:

Finally, AB 132 requires that, on or before July 1, 2022, the Commission adopt regulations that include (but are not limited to) model opt-out forms and acceptable use policies for providing guidance on the requirements set forth above.

On Oct. 6, 2021, AB 469 amended the newly codified Education Code section 51225.7 to include an additional requirement that, on or before Sept. 1, 2022, the California Department of Education share the current school year’s “roster of pupils” with the Commission to facilitate the completion of student financial aid applications.

AB 469 further requires that the Commission match student data provided by the CDE with the student’s application status. School districts continue to be obligated to treat the information obtained through the completion of those financial aid applications in a manner compliant with both state and federal student record privacy laws and to protect all pupil and parent data to the fullest extent possible. In addition, the data matching required by AB 469 will be linked through and conducted in accordance with California’s Cradle-to-Career Data System to avoid duplicative data and ensure data privacy.

All of these new laws provide a good opportunity for school districts to check in and review student records protocols already in place and to modify current protocols to ensure compliance with SB 24 as well as other student record laws.

School districts should consider designating a specific person at the district level as the custodian of student records to serve as a gatekeeper for all student requests and subpoenas for student records to minimize miscommunications and ensure consistent practices. School districts should also consider designating a specific person to be responsible for ensuring completion of student aid forms and that the information contained in the forms is handled in a manner compliant with all state and federal student record privacy rules.