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student may be transmitted to the extent permitted by the Family Educational Rights
and Privacy Act (Title 20, United States Code, Section 1415[k][9][C]); and Title 34,
Code of Federal Regulations, Section 300.529).
5.10.O Use and Storage of Notices Involving Students Who Have Committed Crimes
California statutory law (WIC 827) requires that public schools receive a written
notice of all students who have been found by the court to have committed a felony or
misdemeanor involving curfew, gambling, alcohol, drugs, tobacco products, carrying
of weapons, assault or battery, larceny, vandalism, or graffiti. These school notices
originate in the probation department. The law also requires the school principal to
give information contained in these notices to the student’s counselor (WIC 827) and
to any certificated employee instructing or supervising the student (see Education
Code Section 49079).
Applicable law requires those who receive information about a student’s criminal
history to keep the information in confidence. There are two exceptions to the
confidentiality of outside agency criminal records concerning students: (a) disclosure
to avoid danger to others, or (b) disclosure to help accomplish student rehabilitation
efforts.
Written notices about a student’s criminal history received from outside agencies are
to be stamped as “confidential” and stored as a confidential record by the principal.
These notices will continue to be kept by the school if the student is removed by the
court from public school. Notices about a student’s criminal history received from
outside agencies are not transferred to another public school until the parole or
probation officer so authorizes. Notices of a student’s criminal history may be
destroyed when the student reaches eighteen years old or graduates from high school.
References: Board Policy Student Records, 605.7; California Education Code
Section 48201, 48904, 48904.3, 49060-49078, 49061, 49063, 49066, 49070, 49071,
and 56028; Code of Civil Procedure 1985.3, 1013, and 1275-1279; Family Code
3025; Government Code 6252-6260; Health and Safety Code 120440; Welfare and
Institutions Code 681, 827 and 16010; Title 5, California Code of Regulations,
Section, 324, 430-438, 16020-16028; Title 20, United States Code, 1232g, 1232h,
1400-1485, 1413-1415; Title 29, United States Code, 794; Rehabilitation Act of 1973,
Section 504; Title 34, Code of Federal Regulations, Family Educational Rights and
Privacy, 104.1-104.39, Section 504, 300.560-300.576, 300.13 300.500, 300.501, and
300.502; Aufox v. Board of Educ., 18 IDELR 727 (Ill. App. Ct., 1992); Falvo v.
Owasso Independent School District (220 F.3d. 1200 [10 th Cir. 2000]); In re: Amanda
R., 25 IDELR 484 (SEA N.H. 1997); and Marshfield School (Union 103), 22 IDELR
198 (SEA Me. 1995)
Bakersfield City School District
(Name and address of school)
COMPLIANCE FORM
In compliance with California law and regulations, the attached student
records are being sent in response to your request. Please refer to your
district policy and/or applicable law concerning your district’s duties
and the parental rights concerning these student records.
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