California § 71094.5

§ 71094.5.

(a) (1) The Chancellor of the California Community Colleges may implement a data request fee policy for researchers applying for access to individually identifiable data, student data, or both. (2) A data request fee policy implemented pursuant to this section shall adhere to both of the following requirements: (A) Be reviewed and approved by the Board of Governors of the California Community Colleges, revised periodically, and made publicly available and posted in a prominent location on the chancellor’s internet website. (B) Comply with applicable federal and state laws to protect individual privacy, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and Section 1798.24 of the Civil Code. (b) Fees or charges imposed upon an applicant pursuant to this section shall compensate for significant data compilation, extraction, or programming use of the data system by the office of the Chancellor of the California Community Colleges to recover costs that would otherwise typically be borne by the requesting data researcher, the chancellor’s office, or both. (c) Fees or charges shall not be imposed pursuant to this section upon any of the following: (1) A state agency, except for fees or charges related to the release of data for research purposes to the University of California, the California State University, or the State Department of Education. (2) An undergraduate or graduate student seeking data for the student’s individual studies. (3) A community college faculty member seeking data for the faculty member’s individual research.