Access to pupil records for truancy purposes

(a) Conditions of access (Ed. Code, § 49076)

Education Code section 49076 authorizes a school district to permit access to pupil records, including accurate copies, to any judicial officer or probation officer without consent of the pupil's parent or guardian and without a court order for the purposes of:

(1) Conducting a truancy mediation program for the pupil; or

(2) Presenting evidence in a truancy proceeding under section 681(b).

(b) Written certification

The judicial officer or probation officer may request pupil records but must certify in writing that the requested information will be used only for purposes of truancy mediation or a truancy petition. A judicial officer or probation officer must complete and file Certified Request for Pupil Records-Truancy (form JV-530) and serve it with Local Educational Agency Response to JV-530 (form JV-531), by first-class mail to the local educational agency.

(c) Local educational agency response

Form JV-531 must be completed by the local educational agency and returned to the requesting judicial officer or probation officer within 15 calendar days of receipt of the request with copies of any responsive pupil records attached. After receipt the judicial officer or probation officer must file form JV-531 and the attached pupil records in the truancy proceedings.

(1) The school district must inform by telephone or other means, or provide written notification to, the child's parent or guardian within 24 hours of the release of the information.

(2) If a parent's or guardian's educational rights have been terminated, the school must notify the child's surrogate parent, relative, or other individual responsible for the child's education.