Postsecondary education: sharing personal information: notice.

Plain English Breakdown

The bill summary does not provide details on penalties for non-compliance or funding provisions, leaving these areas uncertain.

Sharing Personal Information Notice in Postsecondary Education

This law requires California's colleges and universities to notify faculty, staff, and students if their personal information is shared with the U.S. Department of Education’s Office for Civil Rights during an investigation or enforcement action.

What This Bill Does

• Requires trustees, community college boards, and independent institutions in California to notify faculty, staff, and students when their personal information is shared with the U.S. Department of Education's Office for Civil Rights (OCR) as part of an investigative, compliance, or enforcement action.
• Specifies that these institutions can only share personal information if it is required by federal or state laws.
• Requires notifications to include details about what types of personal information are being shared.

Who It Names or Affects

• Faculty, staff, and students at California's colleges and universities.
• Trustees, community college boards, and independent institutions in California.

Terms To Know

Office for Civil Rights (OCR)

A part of the U.S. Department of Education that enforces laws protecting civil rights in education.

Limits and Unknowns

• The bill does not specify what happens if an institution fails to follow these requirements.
• It is unclear how much it will cost institutions to comply with this new requirement, and whether the state will provide funding for any additional costs.

Official Summary Text

SB 1101, as introduced, Pérez.
Postsecondary education: sharing personal information: notice.
Existing law establishes the California State University, under the administration of the Trustees of the California State University, the University of California, under the administration of the Regents of the University of California, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, and independent institutions of higher education as the 4 segments of postsecondary education in the state.
Existing federal law establishes the Office for Civil Rights within the United States Department of Education and authorizes the office to collect and coordinate the collection of data necessary to ensure compliance with civil rights laws, as provided.
This bill would require the trustees, the governing board of a community college district,
and an independent institution of higher education, and request the regents, (1) to notify to faculty, staff, and students if their personal information is shared with the United States Department of Education’s Office for Civil Rights when the request for personal information is made as part of an investigative, compliance, or enforcement action, and (2) to only share personal information of faculty, staff, and students with the United States Department of Education’s Office for Civil Rights if that sharing of personal information is required by federal or state law. The bill would require the notification to describe the specific types of personal information shared. By imposing new duties on community college districts, the bill would impose a state-mandated local program. The bill would make its provisions severable.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Current Bill Text

Download Bill PDF