76210

EDUCATION CODE
SECTION 76210




76210.  As used in this chapter, the following definitions shall
apply:
   (a) (1) "Student record" means any item of information directly
related to an identifiable student, other than directory information,
which is maintained by a community college or required to be
maintained by any employee in the performance of his or her duties,
whether recorded by handwriting, print, tapes, film, microfilm or
other means.
   (2) "Student record" does not include (A) confidential letters and
statements of recommendations maintained by a community college on
or before January 1, 1975, if these letters or statements are not
used for purposes other than those for which they were specifically
intended, (B) information provided by a student's parents relating to
applications for financial aid or scholarships, or (C) information
related to a student compiled by a community college officer or
employee that remains in the sole possession of the maker and is not
accessible or revealed to any other person except a substitute. For
purposes of this paragraph, "substitute" means a person who performs,
on a temporary basis, the duties of the individual who made the
notes and does not refer to a person who permanently succeeds the
maker of the notes in his or her position.
   (3) "Student record" also does not include information related to
a student created or maintained by a physician, psychiatrist,
psychologist, or other recognized professional or paraprofessional
acting in his or her professional or paraprofessional capacity, or
assisting in that capacity, and that is created, maintained, or used
only in connection with the provision of treatment to the student and
is not available to anyone other than persons providing that
treatment. However, that record may be personally reviewed by a
physician or other appropriate professional of the student's choice.
   (4) "Student record" does not include information maintained by a
community college law enforcement unit, if the personnel of the unit
do not have access to student records pursuant to Section 76243, the
information maintained by the unit is kept apart from information
maintained pursuant to subdivision (a), the information is maintained
solely for law enforcement purposes, and the information is not made
available to persons other than law enforcement officials of the
same jurisdiction. "Student record" does not include information
maintained in the normal course of business pertaining to persons who
are employed by a community college, if the information relates
exclusively to the person in that person's capacity as an employee
and is not available for use for any other purpose.
   (b) "Directory information" means one or more of the following
items: a student'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, the most
recent previous public or private school attended by the student, and
any other information authorized in writing by the student.
   (c) "Access" means a personal inspection and review of a record or
an accurate copy of a record, or an oral description or
communication of a record or an accurate copy of a record, and a
request to release a copy of any record.