An Administrator's Guide to California Private School Law

Chapter 14 – Pupil Records

The California Attorney General has also opined that the legislative intent of the California statute requiring the transfer of pupil records is to ensure the continuity of a pupil’s education. 2115 While the opinion only discussed the transfer of transcripts from one public school to another, the Attorney General did not distinguish between public and private education when interpreting the law. The rationale provided by the Attorney General could apply equally to public and private schools. Moreover, where the Legislature wanted to allow private schools to withhold pupil records for specific reasons, it created specific exceptions. For example, in some situations private schools may withhold transcripts where students cause property damage or injury to others. 2116 If the Legislature intended to permit private schools to withhold transcripts or other pupil records for reasons such as the non-payment of tuition, the Legislature could have created a clear exception. LCW Practice Advisor Some private schools ask parents to contractually agree that the school can withhold pupil records – specifically transcripts – if the family is in arrears on

tuition. This type of contract provision is likely unenforceable. Since the continuity of a child’s education is an important public policy, a waiver of the right to have records transferred is likely invalid as a matter of public policy. While an individual is generally free to waive advantages that are intended solely for his/her benefit, the law generally does not allow a party to enter into a private agreement to contravene a legal requirement established for a public reason. 2117

B. C HALLENGING T HE C ONTENT O F A P UPIL R ECORD Schools may face a situation where a parent is upset with or disagrees with a portion of the record. While public schools must follow elaborate procedures for resolving such challenges, 2118 private schools do not have the same requirements. Nonetheless, private schools may find it useful to have some basic procedures in place to govern the process of a challenge to a pupil record. Schools should create a procedure to create consistency in the way it responds to parent concerns about pupil records. C. W ITHHOLDING G RADES , D IPLOMAS A ND T RANSCRIPTS The Education Code permits schools to withhold a pupil’s grades, diploma, and transcripts under certain conditions. 2119 For example, a school may restrict the release of this information if a pupil willfully damaged real or personal school property, failed to return school property, or caused injury to a pupil, employee, or volunteer. Before a school may withhold a pupil’s grades, diploma or transcript, it must notify the parents in writing of the alleged misconduct and afford the student or parent a hearing to contest the allegations. 2120 In addition, the school must provide a program of voluntary work in lieu of payment if the minor or parent is unable to pay. 2121 Otherwise the information likely may not be withheld.

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