California Codes

Cal. Education Code § 49061 (2026)

✓ current as of May 2026

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As used in this chapter:

(a)“Parent” means a natural parent, an adopted parent, or legal guardian. If the parents are divorced or legally separated, only a parent having legal custody of the pupil may challenge the content of a record pursuant to Section 49070, offer a written response to a record pursuant to Section 49072, or consent to release records to others pursuant to Section 49075. Either parent may grant consent if both parents have notified, in writing, the school or school district that an agreement has been made. If a pupil has attained the age of 18 years or is attending an institution of postsecondary education, the permission or consent required of, and the rights accorded to, the parents or guardian of the pupil shall thereafter only be required of, and accorded to, the pupil.

(b)“Pupil record” means any item of information directly related to an identifiable pupil, other than directory information, that is maintained by a school district or required to be maintained by an employee in the performance of his or her duties whether recorded by handwriting, print, tapes, film, microfilm, or other means.

“Pupil record” does not include informal notes related to a pupil compiled by a school officer or employee that remain in the sole possession of the maker and are not accessible or revealed to any other person except a substitute. For purposes of this subdivision, “substitute” means a person who performs the duties of the individual who made the notes on a temporary basis, and does not refer to a person who permanently succeeds the maker of the notes in his or her position.

(c)“Directory information” means one or more of the following items: pupil’s name, address, telephone number, date of birth, email address, 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, and the most recent previous public or private school attended by the pupil.

(d)“School district” means any school district maintaining any kindergarten or any of grades 1 to 12, inclusive, any public school providing instruction in any kindergarten or any of grades 1 to 12, inclusive, the office of the county superintendent of schools, or any special school operated by the department.

(e)“Access” means a personal inspection and review of a record or an accurate copy of a record, or receipt of an accurate copy of a record, 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.

(f)“County placing agency” means the county social service department or county probation department.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1979–2023 · leading case: Fresno Unified Sch. Dist. v. K.U., 980 F. Supp. 2d 1160 (E.D. Cal. 2013).

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Fresno Unified Sch. Dist. v. K.U., 980 F. Supp. 2d 1160 (E.D. Cal. 2013). · cites it 2× “” Cal.Educ.Code § 49061(b). Directory information includes such items as the “pupil’s name, address, telephone number, date of birth, email address, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic…”

BRV, INC. v. Superior Court, 2006 Cal. Daily Op. Serv. 9307 (Cal. Ct. App. 2006). “” (Ed. Code, § 49061, subd. (b).) FERPA defines “ ‘education records’ ” in nearly identical terms.”

Poway Unified Sch. Dist. v. Superior Court of San Diego Cnty., 98 Cal. Daily Op. Serv. 2736 (Cal. Ct. App. 1998). · cites it 2× “Like FERPA, Education Code section 49061, subdivision (b) broadly defines pupil records 4 and prohibits release of any “pupil record” except as specified in Education Code section 49073 et seq.”

Sacramento Cnty. Employees' Ret. Sys. v. Superior Court, 39 Media L. Rep. (BNA) 2112 (Cal. Ct. App. 2011). “, Ed. Code, § 49061, subd. (b) [“pupil record” includes “any item of information directly related to an identifiable pupil” with exceptions]; 5 U.”

In Re Marriage of Neal, 92 Cal. App. 3d 834 (Cal. Ct. App. 1979). “having custody or control of the minor”); Education Code, section 49061 (certain rights involving public school records granted to “only the parent having legal custody of the pupil” if the parents are “divorced or legally *844 separated”); Vehicle Code, section 17701 (requiring…”

Cuff v. Grossmont Union High Sch. Dist., 221 Cal. App. 4th 582 (Cal. Ct. App. 2013). “” (Ed. Code, § 49061, subd. (b).) Saunders and Grossmont maintain that the SCAR that Saunders created is a “pupil record.”

T.S., a minor v. Long Beach Unified Sch. Dist. (C.D. Cal. 2023). · cites it 2× “§ 1232g(a)(4)(A); see Cal. Educ. Code § 49061 (b); 34 C.F.R. § 99.”

— Cal. Education Code § 49061(b) — 1 case

Fresno Unified Sch. Dist. v. K.U., 980 F. Supp. 2d 1160 (E.D. Cal. 2013). “” Cal.Educ.Code § 49061(b). Directory information includes such items as the “pupil’s name, address, telephone number, date of birth, email address, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic…”

— Cal. Education Code § 49061(c) — 1 case

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