Information on Minors, Public Schools, and the California Public Records Act
Q: I would like to know if information on children attending public schools is available under the Federal Open Records Act. I am looking to get mailing address for parents sending their children to public schools. If this information is available, would I be able to get the information from the school district office or would I have to approach the schools individually?
A: Generally speaking, records related to California public schools would be governed by the California Public Records Act (“PRA”) (which begins at Govt. Code Section 6250). Although the PRA provides that the records of state and local agencies relating to the conduct of the public’s business are generally open to the public for inspection and copying, there are a number of exceptions to this general rule. In particular, records that are exempted from disclosure by other state or federal laws are not subject to disclosure under the PRA.
California’s Education Code defines “directory information” as “one or more of the following items: pupil’s name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous public or private school attended by the pupil,” Govt. Code Section 49061(c), and provides that:
School districts shall adopt a policy identifying those categories of directory information as defined in subdivision (c) of Section 49061 that may be released. The district shall determine which individuals, officials, or organizations may receive directory information. However, no information may be released to a private profitmaking entity other than employers, prospective employers, and representatives of the news media, including, but not limited to, newspapers, magazines, and radio and television stations. The names and addresses of pupils enrolled in grade 12 or who have terminated enrollment prior to graduation may be provided to a private school or college operating under Chapter 7 (commencing with Section 94700) of Part 59 or its authorized representative. However, no such private school or college shall use that information for other than purposes directly related to the academic or professional goals of the institution, and any violation of this provision is a misdemeanor, punishable by a fine of not to exceed two thousand five hundred dollars ($2,500). In addition, the privilege of the school or college to receive the information shall be suspended for a period of two years from the time of discovery of the misuse of the information. Any district may limit or deny the release of specific categories of directory information to any public or private nonprofit organization based upon a determination of the best interests of pupils.
Directory information may be released according to local policy as to any pupil or former pupil. However, notice shall be given at least on an annual basis of the categories of information that the school plans to release and of the recipients. No directory information shall be released regarding any pupil if a parent has notified the school district that the information shall not be released. Govt. Code Section 49073 (emphasis added).