UC student grades and the CPRA

Answer

Access to the records of local and state government agencies in California (such the University of California schools) is governed by the California Public Records Act (“PRA”), Government Code sections 6250 et seq.Documents reflecting student grades from UC schools constitute “public records” within the meaning of the PRA because they are writings that contain information relating to the conduct of the public’s business (i.e., the public educational system).  Cal. Gov’t Code section 6252(e).

However, the fact that these documents are public records does not mean that the public can access them.The PRA contains a number of exemptions from disclosure.  If the requested records are not subject to any of the exemptions under the Public Records Act, they must be disclosed.  Cal. Gov’t Code section 6253(a). In particular, Government Code section 6254(c) exempts from disclosure “personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of privacy.”  Government Code section 6254(k) exempts records, the disclosure of which is exempted or prohibited pursuant to federal or state law.”  In addition, Government Code section 6255 allows an agency to withhold other records upon showing that “on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.”There is no express exemption in the PRA for records constituting student grades but under the provisions of Section 6254(c) and 6255, the University of California may decline to provide access to student grades.

Whether such an action would be justified is not entirely clear, but at least one California court has recognized that the disclosure of grades implicates privacy interests.  Porten v. University of San Francisco, 64 Cal. App. 3d 825, 832 (1976).Another California case has recognized the public interest in restricting access to grades of public school students.  People v. Russel, 214 Cal. App. 2d 445, 452-53 (1963).I was unable to locate any statutes which expressly bar the UC schools from disclosing student grades.  But there may be a statutory provision in the California Education Code which addresses disclosure of grades from UC schools.  Unfortunately, we cannot conduct an exhaustive search through the services we provide for the CFAC hotline.  For your information, there are provisions in the California Education Code restriction disclosure of grades for elementary and secondary school pupils.