Doe

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JANE DOE, Plaintiff, No. C 20–08842 WHA

v.

BERKELEY UNIFIED SCHOOL ORDER TO PRODUCE DISTRICT, et al., STUDENT RECORDS 13 Defendants.

15 In this negligence action against Berkeley Unified School District for the sexual assault of a high school student by one of her peers, plaintiff seeks access to school records of the alleged repeat perpetrator. BUSD cannot disclose student records absent parental consent, a court order, or lawfully issued subpoena. Cal. Educ. Code §§ 49076, 49077(a); 34 C.F.R. § 99.31. Both state and federal law require that the parent be notified of the disclosure (except, under federal law, where the parent is a party to a court proceeding involving child abuse and neglect). BUSD sought consent from the alleged perpetrator’s parent to no avail. Having been given notice of the discovery hearing and an opportunity to object to the disclosure of the alleged perpetrator’s records, no parent or guardian has…