EdLaw nat/us/state/ca/ed-code-49073-1/README.md

language: en · status: in-force · last checked: 2026-09-04

Cal. Ed. Code §49073.1 — contracts with third parties for pupil records

California state law (added by AB 1584) governing what a local educational agency's contract with a third party for digital pupil-records services must contain: pupil records remain the property and under the control of the LEA, and the contract must cover data use limits, parental access, security, breach notification, deletion/return, and certification of FERPA compliance. A contract failing the requirements can be rendered void.

Applicability to EdTech

The mirror image of SOPIPA: SOPIPA binds the vendor, §49073.1 binds the district — and therefore drives the contract terms California districts put in front of vendors. Its required clauses are the direct ancestors of the SDPC National Data Privacy Agreement's California exhibit.

Contents

Document Covers
CONTRACT-REQUIREMENTS.md §49073.1 — required contract terms, full text

Licence

The corpus reproduces Cal. Ed. Code § 49073.1 verbatim from California Legislative Information, the Legislature's own site.

Statute text enacted by a state legislature is outside copyright under the government edicts doctrine. In Georgia v. Public.Resource.Org, Inc., 590 U.S. 255 (2020) (slip opinion, read 2026-10-01), the Supreme Court held: "Under what has been dubbed the government edicts doctrine, officials empowered to speak with the force of law cannot be the authors of—and therefore cannot copyright—the works they create in the course of their official duties." It applied the doctrine to an arm of the legislature as well as to legislators: "Because Georgia’s annotations are authored by an arm of the legislature in the course of its legislative duties, the government edicts doctrine puts them outside the reach of copyright protection."

The section pages on California Legislative Information (leginfo.legislature.ca.gov, read 2026-10-01) carry no copyright notice and no terms of use.

Conditions: none attach to the statute text. The corpus nonetheless names the official source in its Sources section and in each fact document's {.meta} provenance lines, and its Meta section describes what it changed (anchors added, nothing reworded).

Sources