School Districts Must Seek Confidentiality Agreement When Releasing Pupil Records Pursuant to Court Order or Subpoena

Education Code section 49077 concerning release of pupil information in response to a court order or subpoena has been amended effective January 1, 2019. (AB 2234, Stats. 2018, ch. 996.)

Section 49077 previously only required a reasonable effort to notify a pupil and their parent or guardian prior to compliance with the subpoena or court order.

Section 49077 now requires that the school district make a “reasonable effort” to enter into an agreement with the party that obtained the court order or subpoena that any pupil contact information released “be maintained in a confidential manner.”

Section 49077 further provides that notwithstanding the contact or existence of an agreement with the district, a party that obtains pupil contact information shall not use or disseminate the information for any purpose except as authorized by the court order or subpoena.

This means that the pupil contact information must be kept confidential by the party receiving it and only used in the context of the civil, criminal, family law or juvenile case that is pending. Section 49077 places this responsibility unequivocally on the party receiving the information, but also calls for the district to make a reasonable effort to obtain an agreement to that effect before releasing the information.

The following is suggested for use in compliance with Section 49077:

[_____________________  DISTRICT]

Pupil Contact Information Confidentiality Agreement

Education Code section 49077 as amended by AB 2234 effective January 1, 2019 requires that the school district make a reasonable effort to enter into an agreement with a party that obtains a court order or issues a subpoena calling for the school district to release pupil contact information.

In order to facilitate the school district’s compliance with the court order or subpoena, the undersigned recipient of pupil contact information agrees that any pupil contact information released by the school district in response to the court order or subpoena:

1. Shall be maintained in a confidential manner;
2. Shall not be used for any purpose or disseminated to anyone except as authorized by the court order or subpoena, such as delivery to a clerk of court or judicial officer, an attorney, a court reporter, an attorney’s office staff, or an expert or consultant retained by the attorney or by the court; and
3. Any and all copies shall be either destroyed or returned to the school district at the conclusion of the legal proceedings.

Dated: ____________________      By: ___________________________________

If you have questions concerning confidentiality of pupil records or compliance with a court order or subpoena for records, please contact this firm at (714) 573-0900 or our Northern California office at (916) 245-8677 or visit our website at www.parkercovert.com.

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