What is Assembly Bill 1584 (AB 1584)?

An AB 1584 agreement, signed by a Superintendent or Assistant Superintendent, must be on file with CCGI in order to grant Basic Accounts to educators within a district. Districts using Basic Accounts have not signed a formal data-sharing agreement (MOU) with CCGI.  

Under current law, districts aren’t allowed to share pupil records with a third party without written consent from the student’s parent or from a student over the age of 18. However, there is an exception to this rule where a third-party with a legitimate educational interest in the data has a formal written agreement or contract with a district. Because this exception requires a formal written agreement, it’s CCGI’s policy to obtain such an agreement before providing Basic Account access to CaliforniaColleges.edu. As described in more detail below, this written agreement must comply with Assembly Bill 1584 (“AB 1584”), which has been codified in Education Code § 49073.1.

AB 1584 authorizes local educational agencies (“LEA”) to enter into contracts with third parties to provide services for the digital storage, management, and retrieval of pupil records or to provide digital education software. Because the transfer of student data from your District to CCGI on CaliforniaColleges.edu is within the scope of AB 1584, our practice is to enter into an AB 1584 compliant agreement. AB 1584 requires that agreements between third parties and local education agencies include certain specific provisions listed below. It’s important that CCGI and your district have a compliant agreement, as a contract that fails to comply with these requirements may be rendered void. 

A compliant contract must contain the following – all of which are covered in our agreement:

• Pupil records shared between LEAs and the third party will continue to be the property of, and under the control of, the LEA. 
• Notwithstanding Section 1 of the AB 1584 agreement, pupils may retain possession and control of pupil-generated content or transfer this content to their own personal account.
• The third party certifies and agrees that it won’t use any information in a pupil record for any purpose other than those required or specifically permitted by the agreement.
• The third party certifies that it won’t use personally identifiable information in pupil records to engage in targeted advertising. 
• A parent, legal guardian, or a pupil who has reached 18 years of age may review personally identifiable information in the pupil’s records and correct wrong information.
• The third party will take actions to ensure the security and confidentiality of pupil records. As part of these measures, the third party will maintain reasonable authentication controls, such as usernames and passwords, to restrict unauthorized access to student information. They will also designate and train responsible individuals on ensuring the security and confidentiality of pupil records.
• The third party will report unauthorized disclosure of pupil records to the LEA so that the affected parent, guardian, or pupil over the age of 18 may be notified of the disclosure.
• The third party and LEA certify that upon completion of the contract, the third party won’t retain or have access to a pupil’s records. 
• Both the third party and LEA agree to comply with the Family Educational Rights and Privacy Act (“FERPA”).

Having a signed agreement also helps to create a record for both our organizations about the transfer of student data. If you have any questions about AB 1584 or other applicable student privacy regulations, please Contact Us.