Cal. Code Regs. Tit. 5 , 3.1 app B
[Local Education Agency]
Free Application for Federal Student Aid (FAFSA) or the California Dream Act Application (CADAA)
Completion Requirement
Education Code Section 51227.5
MODEL Acceptable Use Policy
Introduction and Overview
Education Code Section 51225.7, enacted in 2021, requires that each local educational agency ensure that each 12th grade pupil complete specified financial aid applications, opt-out of the requirement, or be determined exempt from the requirement. To assist in complying with Section 51225.7, certain confidential information related to pupils' completion of those applications may be shared with [local educational agency]. The purpose of this policy is to ensure that [local educational agency], its staff and contractors, comply with state laws related to the confidentiality and privacy of information shared by parents, legal guardians, and pupils under Section 51225.7, as well as confidential information that may be shared with [local educational agency] by other government agencies, and to protect against the unauthorized disclosure of Confidential Information provided to [local educational agency].
Failure to ensure the confidentiality of Confidential Information provided to [local educational agency] to ensure compliance with Section 51225.7 could result in a violation of state law and an invasion of parents' and pupils' rights to privacy in their financial and educational records.
Policy
Disclosure of Confidential Information shall be limited solely to personnel having the need and authorization to access such information. [Local educational agency]'s employees, contractors, consultants and temporary employees having access to [local educational agency]'s information assets (data and systems) or to the specific Confidential Information provided to the [local educational agency] for purpose of Education Code Section 51225.7, shall acknowledge adherence to this policy and sign an information security and confidentiality agreement provided by [local educational agency].
State Law Requirements
[Local Educational Agency] designates [XXXXXXXX], [Position] as the individual responsible for implementing this policy and ensuring compliance with its provisions. [XXXXXX] shall maintain in writing [local educational agency] policies and procedures that support this policy, maintain a list of staff, contractors, and other individuals who have access to confidential information pursuant to this policy, and ensure all such individuals are included in [local educational agency]'s annual information security and privacy awareness training.
[Local educational agency] will ensure that it handles any Confidential Information it collects for purposes of complying with Education Code Section 51225.7 in a manner consistent with the following state laws, where applicable, and with any policies and procedures [local educational agency] has adopted in furtherance of these laws:
(1) the California Information Practices Act (California Civil Code Sections 1798, et seq.):
(2) California's Pupil Protections Relating to Immigration and Citizenship Status provisions (Education Code Section 234.7).
(3) California's Values Act (Government Code Sections 7284, et seq.);
(4) California Student Online Personal Information Practice Act (Business and Professions Code Sections 22584, et seq.);
(5) Third Party Contracts for the digital storage, maintenance, and retrieval of student records (Education Code Section 49073.1);
(6) Pupil Records (Education Code Sections 49060, et seq. and any related regulations); and
(7) California's Public Records Act (Government Code Sections 6250, et seq.)
In addition to the foregoing, the following conditions apply to [local education agency]'s management of Confidential Information collected or maintained by it in furtherance of the requirements of Education Code Section 51225.7:
* [Local educational agency] will ensure that Confidential information will be maintained on a secure data infrastructure with appropriate levels of security for the data based on the Federal Information Processing Standards Publication 199 protection levels. Confidential Information will not be copied to other computers and will not physically leave [local educational agency]'s data infrastructure, [local educational agency] will apply security patches and upgrades and keep virus software up-to-date on all systems on which data may be used.
* If transfer of Confidential Information to a third party is necessary, [local educational agency] will ensure such transfer is only made for purposes of furthering [local educational agency]'s obligations pursuant to Education Code Section 51225.7 and that such transfers are only made to parties covered by this acceptable use policy, or which are otherwise bound by the same requirements as this policy. In addition, any such transfer will be made in a secure manner, such as secure file transfer protocol, an encrypted cloud-based solution, or an encrypted hard drive.
* The [local educational agency] shall not disclose of any Confidential Information in [local educational agency]'s possession pursuant to fulfilling its obligations under Education Code Section 51225.7 if the disclosure is not authorized by Family Educational Rights and Privacy Act (FERPA) or applicable state laws.
* The [local educational agency] shall not disclose Confidential Information to third parties not covered by this acceptable use policy without the written consent of the pupil, or a parent or guardian when the pupil is a minor. Written consent shall include: (1) the signature and date of the parent, guardian, or eligible pupil providing consent; (2) a description of the records to be disclosed; (3) the reason for release of information; (4) the parties or class of parties receiving the information; and (5) if requested by the parents, guardians or eligible pupil, a copy of the records to be released. The [local educational agency] shall permanently keep the consent notice with the pupil record file.
If a pupil, parent, or guardian chooses not to provide information that could assist [local educational agency] in meeting its obligations pursuant to Education Code Section 51225.7, [local educational agency] shall not use such actions as a basis to discriminate against any pupils or families or bar children from enrolling or attending school or discipline the pupil in any fashion.
Definition of Key Terms
"FAFSA" means the Free Application for Federal Student Aid.
"CADAA" means the California Dream Act Application.
"FAFSA/CADAA Completion Requirements" means the requirements contained in Education Code Section 51225.7 that local educational agencies ensure that each 12th grade pupil either (1) complete a FAFSA or CADAA application; (2) opt out of the completion requirement; or (3) is otherwise exempt from the requirement.
"Confidential Information" means any information shared by parents, legal guardians, and pupils to assist [local educational agency] in complying with Education Section 51225.7, as well as information related to a pupil's FAFSA or CADAA status that is provided to [local educational agency] by the California Student Aid Commission, California Department of Education, or other entity; and any similar information created by [local educational agency] related to its compliance with Education Code Section 51225.7.
Please visit [insert LEA privacy policy link] for the [insert LEA] privacy statement.
Cal. Code Regs. Tit. 5 , 3.1 app B