S.F. No. 2354 Summary

• Creates new administrative remedy process through Office of Administrative Hearings for data practices violations, with $1,000 filing fee and two-year statute of limitations for complaints.

• Establishes civil penalties up to $300 through administrative process and up to $1,000 through district court for data practices violations by government entities.

• Provides attorney fee awards (up to $5,000) to complainants who substantially prevail, with rebuttable presumption of entitlement when government entity violated a prior commissioner opinion.

• Requires Board of Teaching and Board of School Administrators to enter data sharing agreements with Department of Education to share private data on educators for program approval and improvement purposes.

• Effective July 1, 2010 for administrative remedy process and data sharing agreement provisions, excluding educational data but allowing summary data derived from educational data.