Student Privacy Laws
At Hermosa Beach City School District (HBCSD), we prioritize the protection of student privacy and are committed to adhering to all applicable laws and regulations. Below is an overview of key California and national laws that guide our practices related to student data and privacy.
California State Laws Related to Student Privacy
Safeguarding Pupil Digital Records (AB 1584)
Assembly Bill 1584 establishes a section in the California Education Code that grants local educational agencies, including school districts, the authority to contract with third parties for digital educational services. This includes cloud-based services used for the storage, management, and retrieval of pupil records. The law mandates safeguards to ensure that the use of pupil records complies with the federal Family Educational Rights and Privacy Act (FERPA), outlines breach disclosure procedures, and more. AB 1584 has been in effect since January 1, 2015.
Privacy Rights for California Minors in the Digital World (SB 568)
Senate Bill 568 enhances privacy protections for California residents under 18 years of age. Effective January 1, 2015, this law prohibits the marketing or advertising of specified products and services, such as alcoholic beverages, firearms, and tobacco, to minors. It also restricts the collection, disclosure, or compilation of a minor's personal information by third parties. Furthermore, SB 568 allows minors to request the removal of certain content they have posted online. This law surpasses the standards set by the federal Children’s Online Privacy Protection Act of 1998 (COPPA), applying to individuals under 18, whereas COPPA applies to those under 13.
Public Records and Social Media (AB 1442)
Assembly Bill 1442 regulates how school districts, county education offices, and charter schools handle information collected from enrolled students on social media platforms. The law restricts the use of such information to contractually obligated purposes and prohibits the sale or sharing of this data. Additionally, it imposes requirements related to the destruction of collected information. AB 1442 became effective on January 1, 2015.
Student Online Personal Information Protection Act (SB 1177)
Senate Bill 1177, also known as SOPIPA, protects K–12 students' online personal information. Effective January 1, 2016, this law prohibits operators of websites, online services, and applications primarily used for K–12 school purposes from engaging in targeted advertising to students, their parents, or legal guardians. It also restricts the use of students' information for creating profiles, selling their data, and disclosing specific types of information. Operators are required to maintain reasonable security procedures and delete information upon request by a school or district in certain circumstances.
National Laws Related to Student Privacy
The Children's Internet Protection Act (CIPA) was enacted by Congress in 2000 to address concerns about children's access to obscene or harmful content over the Internet. CIPA imposes certain requirements on schools or libraries that receive discounts for Internet access or internal connections through the E-rate program – a program that makes certain communications services and products more affordable for eligible schools and libraries. In early 2001, the FCC issued rules implementing CIPA and provided updates to those rules in 2011.