An Administrator's Guide to California Private School Law

Chapter 14 – Pupil Records

There are certain exceptions to these general rules about the privacy of pupil records. For example, no consent is required to release pupil records to another private or public school where a student is enrolled or plans to enroll. 2094 Schools must also typically release pupil records in response to a valid subpoena or warrant.

Section 4 W HERE S HOULD P UPIL R ECORDS B E M AINTAINED ? Certain California regulations deal specifically with the maintenance of pupil records. 2095 These regulations require that schools maintain pupil records in a central file at the school attended by the pupil. If the record is maintained off site, there must be a notation made in the central file as to where the records may be found. 2096 These requirements apply to “schools,” which may not be directly applicable to private schools (see LCW Practice Advisor below for further discussion). 2097 In order for private schools to meet its other obligations regarding pupil records – including the clear obligations to transfer records or grant parents the right to access records – they must ensure that they maintain those records adequately. Private schools should therefore comply with these requirements as well. LCW Practice Advisor

The regulatory language is not always clear as to which requirements apply to private schools. We believe that where a regulation specifies “private schools,” the regulation applies. Where it refers to “schools” generally, both public and private schools may be bound by the regulation. Where only “public schools” or “school districts” are specified, private schools may not be required to follow the regulation, though a broader analysis that includes relevant statutory and sometimes Constitutional provisions, public policy, and the intent of the Legislature, may be necessary to reach an informed opinion.

H OW S HOULD P UPIL R ECORDS B E R ETAINED ?

Section 5

A. T HREE T YPES O F P UPIL R ECORDS There are three categories of pupil records: mandatory permanent records, mandatory interim records, and permitted records. Each type of record is required to be retained in a specific way. Therefore, it is important to understand the different categories and the requirements for maintaining each.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 505