Colchester, Connecticut

Colchester BOE_Gen._ BOE Roles and Responsibilities (1)

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Colchester Board of Education
A Board Member's Guide to Working With
the Superintendent and Stakeholders




Anne H. Littlefield                        January 14, 2021




                      © Shipman & Goodwin LLP 2016. All rights reserved.
 Topics Addressed
I.    Board Roles                        II. With whom does the
     A.    Rights and Responsibilities       Board interact?
           of Board members                A.   Personnel
     B.    Board vs. Superintendent        B.   The Public
           duties
                                           C.   Parents
     C.    Freedom of Information
                                           D.   Students
          1.   Meetings
          2.   Records
     D.    Who speaks for the Board?
Board Roles
Legal Rights and Responsibilities of Board Members
I. Responsibilities of the      II. Rights of Board
   Board of Education               members
   A. Agent of the State           A. Authority at meetings
   B. Policy-maker for the            only
      district                     B. Otherwise same rights
   C. Compare                         as other citizens
      administration               C. Role of committees
      responsibility for day-      D. Indemnification
      to-day district
      operations
 Legal Rights and Responsibilities of Board Members
III. Duties of Board members
   A. Confidentiality/Educational
      need to know
   B. Impartial judge
       1.   Expulsion hearings (Conn.
            Gen. Stat. § 10-233d)
       2.   School accommodations
            hearings (Conn. Gen. Stat. §
            10-186)
       3.   Teacher tenure hearings
            (Conn. Gen. Stat. § 10-151)
   C. Statutory duties
   D. Conflicts of Interest Issues
Legal Rights and Responsibilities of Board Members

IV. Meeting
    Procedures
   A. Role of Chair
   B. Public Comment
Legal Rights and Responsibilities of Board Members

VI. Freedom of Information         5. Types of meetings
  A. Records – presumption in         a. Regular meetings
     favor of disclosure              b. Special Meetings
  B. Meetings                         c. Emergency Meetings
     1. FOI requirements triggered 6. Agenda
         by quorum                 7. Executive session
     2. Committees                    a. 2/3 vote
     3. Non-meeting                   b. Reasons
     4. Electronic and telephonic     c. Attendance
         communications            8. Record of Votes
                                   9. Minutes
Board vs. Superintendent General Duties
Superintendent
 • Handles the district’s day-today operations
 • Serves as the “face” of the district
 • Typically serves as the district’s spokesperson
 • Supervises district staff
Board of Education
 • Represents the residents of the Town in carrying out legal mandates pertaining to
   education
 • Determines all questions of general policy to be employed in the conduct of the
   schools. In doing so, it:
   • Hears and considers facts and recommendations
   • Adopts plans, policies, and courses of action, and
   • Authorizes the Superintendent to carry out its policy
 • Sets the budget
 • Supervises the Superintendent
Board’s Specific Powers and Duties
A. Create, abolish, modify and maintain such positions, schools,
   divisions and classifications as may be necessary for the
   efficient administration of the educational enterprise
B. To elect a Superintendent of Schools in accordance with state
   statutes
C. To consider and adopt an annual budget, prepared by the
   Superintendent of Schools
D. To determine the number, classification, duties and
   remuneration of employees
E. To establish policies for employment, promotion and
   dismissal of personnel in accordance with the state statutes
Board’s Specific Powers and Duties
F. To provide for the appraisal of the efficiency of personnel
G. To initiate and approve the acquisition and disposition of
   school sites, to initiate and approve plans for school
   buildings
H. To consider any specific recommendations made by the
   Superintendent of Schools
I. To keep the citizenry informed of purposes, values,
   conditions and needs of public education in the Town
J. To consider, revise and adopt any changes in the
   curriculum
K. To take any other actions required or permitted by law
Board’s Specific Powers and Duties
L. To make reasonable provision to implement the
   educational interests of the State, as defined by law, so
   that:
   1.   Each child shall have for the period prescribed in the General
        Statutes equal opportunity to receive a suitable program of
        educational experiences;
   2.   The school district shall finance at a reasonable level an
        educational program designed to achieve this end;
   3.   The school district shall provide educational opportunities for
        its students to interact with students and teachers from other
        racial, ethnic and economic backgrounds;
   4.   The mandates in the General Statutes pertaining to education
        within the jurisdiction of the State Board of Education shall be
        implemented.
FOIA
• The Freedom of Information Act
  (the "FOIA"), (Conn. Gen. Stat.
  §§ 1-200 through 1-241 inclusive),
  represents Connecticut's commitment
  to open government and a strong
  policy in favor of public access to meetings and records.
• Subject to narrow exceptions, which are strictly
  construed, the FOIA mandates that the public has access
  to:
    Meetings of public agencies
    Records that are developed and/or

     maintained by public agencies
“Public Agency” or “Agency” Means
• Any executive, administrative or legislative office of the
  state or any political subdivision of the state and any
  state or town agency, any department, institution,
  bureau, board, commission, authority or official of the
  state or of any city, town, borough, municipal
  corporation, school district, regional district or other
  district or other political subdivision of the state,
  including any committee of, or created by, any such
  office, subdivision, agency, department, institution,
  bureau, board, commission, authority or official. . .
  Conn. Gen. Stat. § 1-200.
Meetings
• The FOIA defines a meeting as follows:
• “Meeting” means any hearing or other
  proceeding of a public agency, any convening or
  assembly of a quorum of a multimember public
  agency, and any communication by or to a
  quorum of a multimember public agency,
  whether in person or by means of electronic
  equipment, to discuss or act upon a matter over
  which the public agency has supervision,
  control, jurisdiction or advisory power.
“Meeting” Does Not Include
• Any meeting of a personnel search committee for
  executive level employment candidates;
• Any chance meeting, or a social meeting neither planned
  nor intended for the purpose of discussing matters
  relating to official business;
• Strategy or negotiations with respect to collective
  bargaining;
• A caucus of members of a single political party
  notwithstanding that such members also constitute a
  quorum of a public agency;
• An administrative or staff meeting of a single-member
  public agency; and communication limited to notice of
  meetings of any public agency or the agendas thereof
Meetings
• In general, there is a meeting anytime a quorum of a
  public agency convenes or engages in interactive
  communication to discuss or act upon a matter for
  which it has responsibility. There can even be a
  statutory FOIA meeting where it is "anticipated" that a
  quorum will be present.
• Note:
      A quorum of the members of a public agency who are
       present at any event which has been noticed and conducted
       as a meeting of another public agency under the provisions
       of the Freedom of Information Act shall not be deemed to be
       holding a meeting of the public agency of which they are
       members as a result of their presence at such event.
       Conn. Gen. Stat. § 1-200(2)
Meetings
• A conference call or other communication by
  means of electronic equipment may
  constitute a meeting
• Agencies are cautioned to be particularly
  careful that email exchanges may constitute a
  meeting for FOIA purposes
Under FOIA
• Meetings fall into one of three categories:

                          Regular

                          Special

                          Emergency
 Regular Meetings
• Regular meetings are those for which the public agency
  must file a schedule with the Town Clerk, by January 31, for
  the ensuing year. Conn. Gen. Stat. § 1-225(b)
• The agenda of a regular meeting of every public agency
  must be posted at least 24 hours prior to the meeting in the
  public agency's regular office or place of business
    Other business may be added to the posted agenda by a

     two-thirds vote of those members present and voting
    Minutes of a regular meeting must be available for

     public inspection within seven days of the meeting
Special Meetings
• Special meetings are those meetings that are not included
  on the list of regular meetings filed with the Town Clerk.
    Notice of a special meeting, including the time, place

     and business to be transacted, must be posted at least
     24 hours in advance. Conn. Gen. Stat. § 1-225(d). The
     agenda for a special meeting must also be posted on
     the agency’s website “if available.”
    No business other than that on the posted agenda may

     be discussed at a special meeting. Items cannot be
     added to the agenda.
    Minutes must be available for inspection within seven

     days of the meeting.
Emergency Meetings
• Emergency special meetings may be called in an
  emergency without advance notice (Note: The term
  "emergency" will be strictly construed)
     The meeting must be limited to the matter that
      requires "emergency" attention
     Minutes of an emergency special meeting must be
      filed with the Town Clerk within 72 hours of the
      emergency meeting and include a statement
      setting forth the nature of the emergency
      Conn. Gen. Stat. § 1-225(a)
Executive Sessions
Under circumstances narrowly prescribed by the
FOIA, a public agency may exclude the public
from a portion of its meeting by calling an
executive session. Executive sessions, are
defined in Conn. Gen. Stat. § 1-200(6) as follows:
 Executive Sessions
• “Executive sessions” means a meeting of a public agency at
  which the public is excluded for one or more of the
  following purposes:
    Discussion concerning the appointment, employment,

      performance, evaluation, health or dismissal of a public
      officer or employee, provided that such individual may
      require that discussion be held at an open meeting;
    Strategy and negotiations with respect to pending

      claims or pending litigation to which the public agency
      or a member thereof, because of the member’s conduct
      as a member of such agency, is a party until such
      litigation or claim has been finally adjudicated or
      otherwise settled;
Executive Sessions
• Matters concerning security strategy or the deployment of
  security personnel, or devices affecting public security;
• Discussion of the selection of a site or the lease, sale or
  purchase of real estate by the state or a political subdivision
  of the state when publicity regarding such site, lease, sale,
  purchase or construction would adversely impact the price
  of such site, lease, sale, purchase or construction until such
  time as all of the property has been acquired or all
  proceedings or transactions concerning same have been
  terminated or abandoned; and
• Discussion of any matter which would result in the
  disclosure of records that are exempt from disclosure under
  Section 1-210(b)
Executive Sessions: Requirements
• There are specific requirements for
  conducting business in executive session:
   Two-thirds of those members of the public agency
    present must vote at a public meeting to go into
    executive session and state the reason(s) for such
    executive session. Conn. Gen. Stat. § 1-225(a).
   Only members of the public agency and those

    persons whose presence is necessary to present
    testimony or give opinions may be present during
    the executive session. Conn. Gen. Stat. § 1-231(a).
Executive Sessions: Requirements
• Executive sessions may only be called for the limited
  statutory purposes set out above
• Only discussion is permitted in executive session;
  any votes must be taken in open session
      There should not be a vote taken to come out of executive
       session
• Minutes must include the vote to go into executive
  session; the reason for the executive session; and,
  the names of the persons in attendance at the
  executive session (subject to limited exceptions)
Executive Session
• The Nutmeg Board was in a special budget meeting when it
  learned of dire economic news that meant significant staffing
  cuts were necessary. Knowing that the Board would need to
  discuss and decide the elimination of specific positions, and
  not wishing to needlessly distress or excite its employees,
  the Chair added an executive session item to the agenda to
  discuss “personnel matters.” With a 5-3 vote, the Board
  entered executive session. After an hour of discussion, the
  Board members agreed, without a vote, to direct the
  Superintendent to cut 10 staff positions. So far, so good?
Executive Session
• Not an agenda item, but a means of dealing
  with an agenda item
• Specify who is invited into executive session
• Board does not take action in executive
  session
• Board members are not to disclose discussion
  which occurs in executive session
• Be respectful of the public when scheduling
  executive sessions
Meeting Requirements
• Minutes: Generally, minutes must be available for public
  inspection within seven (7) days of session to which they
  refer, Conn. Gen. Stat. § 1-225(a), and minutes should include:
    When the meeting was convened;

    Which members of the public agency were present;

    A short description of the business transacted;

    A listing of any action taken by the public agency,

     specifying the votes of each member;
    Any executive session held, with a statement of the

     reason(s) for the executive session and who was in
     attendance; and
    When the meeting was adjourned
Meeting Requirements
• Agendas: - There is no specific guidance in the FOIA
  as to the level of detail that is required in an agenda,
  but, as a practical matter, the agenda should provide
  reasonable notice of the business to be transacted
• Votes: - The votes (as distinguished from meeting
  minutes) of all members of the public agency must
  be reduced to writing and be available for public
  inspection within 48 hours of the meeting
Who Can Call a Meeting?
• Board Member Mal Content has been after the Nutmeg Union
  of Teachers for the last two years because they refused to give
  salary concessions during these difficult times. He has been
  asking to put an item on the agenda for a public meeting,
  during which the Board would consider a formal censure of
  the union and its membership. You, the Board Chair, have
  been advised that such a vote could be problematic. But Mal
  is persisting, and now he and two fellow Board members he
  co-opted are threatening to hold a public meeting with or
  without you. Can he do this?
Requirements for Calling a Meeting
• Conn. Gen. Stat. Section 10-218 provides in relevant part:
    The chairperson of the board of education or, in case of

     such chairperson's absence or inability to act, the
     secretary shall call a meeting of the board at least once in
     six months and whenever such chairperson deems it
     necessary or is requested in writing so to do by three of its
     members. If no meeting is called within fourteen days after
     such a request has been made, one may be called by any
     three members by giving the usual written notice to the
     other members.
Board Member Conduct
• Board member, Mal Content, had been causing
  issues for the Nutmeg Board. He would often visit
  school buildings unannounced, demanding to be
  able to visit classrooms to “check on
  underperforming teachers.” But the last straw for
  the Board was when he voted to approve the new
  teachers’ contract, even though his wife was a
  teacher in the district. In a special meeting, where
  Mal was not in attendance, they voted 8-0 to oust
  him from the Nutmeg Board. Valid?
Board Member Conduct
• Board members cannot be removed from
  their elected position on the Board by a
  vote of the Board
• Board officers can be removed from their
  office by a vote of the Board
• The Board can vote to “censure” a Board
  member
Conflict of Interest
• Board members cannot be employed by the
  school district
• No statutory provision against a relative
  being employed by the school district
• Board member actions may be governed by
  Board policies or ethics provision in local
  charter
• Board members may need to recuse
  themselves from impartial BOE hearings
Board Member Conduct
• Board member, Pamela Parent, has concerns that
  her child is being bullied at Charter Oak Elementary
  School. She visits her daughter’s school
  unannounced, demanding to be able to visit her
  daughter’s classroom, cafeteria and playground to
  “check on schoolyard bullies.” She regularly refers
  to the specific observations she has made in her
  public statements made to the Board as part of
  Board discussions of school climate. Concerns?
Board Member Conduct
• Concerned that her daughter may have a social
  communication disability, and this is making her
  vulnerable to the “bullies” at Charter Oak, Pamela
  Parent emails Peter Principal and requested an
  evaluation of her child for a disability. After the
  evaluation is complete, the Planning and Placement
  Team determines that Pamela’s daughter does not
  qualify for special education and Pamela threatens
  to sue the Board. Concerns?
Records: A Brief Overview
• The FOIA defines “public record” broadly as follows:
      A public record or file is defined as any recorded data
       or information relating to the conduct of the public's
       business prepared, owned, used, received or retained
       by a public agency, whether such data or information
       be handwritten, typed, tape-recorded, printed,
       photostatted, photographed or recorded by any other
       method. Conn. Gen. Stat. §1-200(5).
Records
• Except as otherwise provided by any federal or
  state law, all records maintained or kept on file by
  any public agency shall be public records.
• The FOIC has no authority to order a public agency to
  create records where none exist
• The FOIA does not require a pubic agency to conduct
  legal research or to respond to questions. However,
  “research” or searching to locate public records is
  always required!
Responding to Records Requests
• There should be a clear process in place for processing and
  responding to FOI requests (including a designation of the
  individual(s) responsible for responding).
• Disclosure must be made "promptly." “Promptness” will turn on
  the nature and extent of the specific request.
• A person making a request is generally entitled to a response
  within four business days. (If the request involves employee
  personnel or medical files and the agency reasonably believes an
  invasion of privacy would occur, a response must be made within
  ten business days, and special notice requirements apply).
• However, that does not mean the public agency automatically has
  four days to respond to a request. If a record is readily available
  for inspection or copying, it is an FOI violation to make the person
  requesting the record wait four days.
FOIA Exemptions from Disclosure
There are several specific exemptions to the general
rule requiring disclosure of public records. See Conn.
Gen. Stat. § 1-210(b). The following are examples from
the complete list of exemptions:
• Records exempt from disclosure under federal or
  state law (e.g. Section 10-151c of the Connecticut
  General Statutes, which exempts teacher evaluation
  records from disclosure)
• Education records not subject to disclosure under
  the federal Family Educational Rights and Privacy Act
  (FERPA)
 FOIA Exemptions from Disclosure
• Personnel or medical files and similar files, the disclosure of
  which would constitute an invasion of personal privacy.
  • Note: The legal standard for invasion of privacy is very strict:
     1) the record at issue does not pertain to a matter of public
     concern, and; 2) disclosure of the record would be highly
     offensive to a reasonable person.
• Communications privileged by the attorney/client relationship
• Records, reports and statements of strategy or negotiations
  with respect to collective bargaining
• Records pertaining to strategy and negotiations with respect to
  pending claims or litigation to which the public agency is a party
  until such litigation or claim is finally adjudicated or settled
 FOIA Exemptions from Disclosure
• Test questions, scoring keys and other data used to administer a
  licensing examination, examination for employment or academic
  examinations
• Responses to any request for proposals or bid solicitation issued by
  a public agency, or any record or file made by a public agency in
  connection with the contract award process, until such contract is
  executed or negotiations for such award have ended, whichever is
  earlier, provided the chief executive officer of such public agency
  certifies that the public interest in disclosure of such records is
  outweighed by the public interest in the confidentiality of such
  records
• Preliminary drafts or notes provided that the public agency has
  determined that the public interest in withholding such documents
  clearly outweighs the public interest in disclosure
FOIA Exemptions from Disclosure
• However, “disclosure shall be required of: interagency or intra-
  agency memoranda or letters, advisory opinions, recommendations
  or any report compromising part of the process by which
  governmental decisions and policies are formulated, except
  disclosure shall not be required of a preliminary draft of a
  memorandum, prepared by a member of the staff of the public
  agency, which is subject to revision prior to submission to or
  discussion among the members of such agency.”
• Informal advice from the FOIC staff indicates that if the personal
  notes are an agency member’s own notes, thoughts, etc., and are
  not disseminated to other members of the agency, they may not
  be subject to disclosure
General Confidentiality Considerations
• The district must comply with all legal requirements
  concerning confidentiality (e.g., FERPA)
• Matters discussed in executive session should be
  maintained as confidential unless the Board authorizes
  disclosure of the information
• Disclosure of confidential information can have
  significant consequences for the district (e.g., legal
  violations, increased liability, compromised position
  regarding negotiations)
• When in doubt, treat the information as confidential
  until a proper determination has been made regarding
  confidentiality vs. disclosure
Electronic Communications
• It was time for the Nutmeg Board to elect officers. In the
  week leading up to the annual meeting, the internet was
  full of e-mails among Board members soliciting support
  from other members. In addition, Board members had
  caucused with their respective party Chairs to decide on
  who would be the next chair. At the meeting, Mal Content
  nominated Penny Pincher as the next Chair. Infuriated, Bob
  Bombast sent an angry text message to Mal saying, “What
  gives, I thought we had a deal?” Mal responded, “Sorry,
  Penny is supporting me for Vice-Chair. Snooze you lose.”
  Any issues?
Which statement is correct?
1.   It is improper for Board members to
     commit support on an issue before
     the actual meeting
2.   A majority of Board members
     cannot discuss Board business via e-
     mail
3.   E-mail communication between
     Board members is okay as long as it
     is one-on-one
4.   Board members cannot caucus to
     discuss Board issues
Electronic Communications
• Email communication on Board business by
  Board members to each other (or to or from
  the Superintendent to Board members) is
  permissible.
• Such emails will typically be subject to public
  disclosure unless exempt (personally
  identifiable student info, attorney/client
  information). Even if on personal computer or
  personal email.
Electronic Communications
• Where email communication is unilateral, it
  will likely not be considered a “meeting” that
  would trigger FOIA concerns.
• Where such a communication generates
  responses that are shared with a quorum of
  the Board, it is possible that a “discussion”
  (and hence a “meeting” in violation of the
  FOIA) will be found
Who Speaks for the Board?
• Each Board’s bylaws should state who the
  Board’s spokesperson is
• Generally, it is the Board’s chairperson
• Board members do not lose their first
  amendment rights
Handling Personnel Matters
Impartial Hearing
• Under Connecticut General Statute 10-151, all teachers have
  certain due process rights, including to a hearing before an
  impartial hearing panel
• The Board may serve as that panel
• As a result, to preserve the impartiality of the Board
  members, they should not become involved in the details of
  an individual employee’s performance
• Connecticut General Statute 10-222 provides due process
  protections to athletic coaches who have coached a sport for
  at least 3 consecutive seasons
• They may appeal any decision not to renew, or to terminate,
  their contracts to the Board of Education. The Board must
  conduct a hearing and sit as an impartial panel.
Due Process Violations
• A Board may violate an employee’s due process
  right to an impartial hearing by reviewing a
  personnel file prior to a hearing.
• Obtaining other evidence of an employee’s
  performance prior to the hearing.
• Discussing the employee’s performance with
  other Board members outside of the context of
  a termination or non-renewal proceeding.
Communication with the Public
General Preparedness
• Districts should have procedures/practices for handling
  sensitive communications.
• The district may want to develop a “response team” that
  designates who is responsible for:
      Speaking on the district’s behalf
      Coordinating with outside agencies if necessary
• The district should establish clear lines of communication
  for decision-making for various situations, such as
      Responding to law enforcement investigations
      Closing of a building
      Shutting down of a computer system
      Handling onsite medical emergencies
General Preparedness
Districts may also want to include directions for
Board members on:
• When and how to communicate with the
  community at large, the press, parents, and/or
  staff
• Developing steps for dealing with the press
  and public
Dealing with Parents and Staff
• Determine whether the Board should make a statement
  at all, or whether the matter should be left to an
  administrator
• Determine the subset of persons, if any, who should be
  notified of an event/crisis
• Promptly address immediate safety and educational
  concerns
    Be sure not to reveal any FERPA or IDEA-protected or other
     confidential information
    Consider what resources, if any, may be necessary to assist

     with student needs and parental concerns
    Consider the appropriateness of a school community

     meeting
Dealing with Parents and Staff
• Communicate, as appropriate, the school
  district’s next steps
• Identify and provide contact information of a
  school or district-based contact person to
  address follow-up concerns and questions
• Prepare staff to deal with media inquiries
Dealing with the Press
• Investigative reports and related documents must
  be disclosed, if requested, when the investigation
  is complete
• Personnel records are pubic records unless they
  fall under a specific exception
• Maintain a positive relationship with local press
  and work with local media prior to a crisis
• Designate an individual to handle media inquiries
• Fulfill FOI requests promptly if possible
Handling Student Issues
Family Education Records Privacy Act
• While the Board is ultimately responsible for setting
  policy that will affect each student within the district,
  individual students have privacy rights guaranteed by
  FERPA
• Federal law that applies to recipients of federal funds
  (e.g. public schools, colleges and universities)
• Protects the confidentiality of student education
  records/limits disclosure to 3rd parties without parental
  consent
• Provides parents/guardians with a right to access
  student records of their children
What is an Education Record?
• Any documented information directly
  relating to a student and maintained by the
  educational institution
• May include documents, video, audio, film,
  photographs or computer records
• School districts must maintain the
  confidentiality of any personally
  identifiable student information contained
  in educational records
The Interaction Between FOI and FERPA
• The Freedom of          • The Family Educational
  Information Act           Rights and Privacy Act
  (“FOIA”)                  (“FERPA”)
• State law               • Federal law
• Mandate: records must   • Mandate: records are
  be disclosed, unless      confidential, unless
  there’s an applicable     parent consents or
  exception                 there’s an applicable
                            exception
The Interaction Between FOI and FERPA
• FOI Statute: Except as otherwise provided by
  any federal or state law, all records
  maintained or kept on file by any public
  agency shall be public records
• Records protected by the Family Educational
  Rights and Privacy Act (FERPA) are exempt
  from disclosure under the FOIA
Personally Identifiable Student Information

• Personally identifiable student information
  also includes information that is linked or is
  linkable to a specific student that would allow
  a reasonable person in the school community
  to identify the student with reasonable
  certainty
Targeted Requests
• Even if the request or disclosure does not
  include explicit personally identifiable student
  information, a district may not release
  information if requested by someone who the
  district “reasonably believes knows the
  identity of the student to whom the
  education record relates”
Confidentiality
• As a general rule, all personally identifiable
  information in educational records must be kept
  confidential unless a parent/guardian or eligible
  student consents, in writing, to disclosure
• Written consent must:
    Specify which records are being disclosed
    Specify the purpose of disclosure


    Identify the recipient


• Exceptions to this general rule are outside the
  scope of this presentation but can be found at
  www.ct.gov/foi/.
 When is Prior Written Consent Not Required?
• When disclosure is to a school official, where that person
  has a legitimate educational interest in the information
      Who is a school official?
           Must be under direct control of district
           Must perform an institutional service/function
           Access only to information needed; and used only for that
            purpose
      Annual notification requirements
      District must use reasonable methods to ensure that
       school officials have access only to those records in
       which they have a legitimate educational interest
Consent Not Required
• When a student moves to another school
  district, records may be sent to the receiving
  district
• In a health or safety emergency
      May consider “totality of circumstances”
      Must have an articulable and significant threat to
       the health/safety of the student or others
      May disclose to “appropriate parties,” including
       parents
      Recording requirement
Consent Not Required
• For directory information
     District must give public notice of what qualifies
      as directory information
     Right to opt out
     May include: name, address, tel. #, email
      address, photo, DOB, participation in athletics
      etc.
     May NOT include social security numbers
• In response to a court order or subpoena
Consent Not Required
• Records that have been de-identified (i.e. the
  personally identifiable student information
  has been removed) may also be released
  without prior written consent

(Reminder: personally identifiable information includes
information that alone, or in combination, is linked or linkable
to a specific student that would allow someone in the school
community without personal knowledge to identify the
student with reasonable certainty)
Consent Exception
• To parents of an eligible student (18 yrs +) if
  the parents still claim the student as a
  dependent for tax purposes
• To representatives of a child welfare agency
  (DCF) if it is legally responsible for the
  care/protection of the student
Communications Regarding Student Matters
• FERPA significantly restricts the district’s
  ability to communicate on student matters
     FERPA prohibits disclosure/discussion of matters
      identifiable to an individual student
     Comment by the parent of a student does not
      permit the district to comment on matters related
      to that student
Communications Regarding Student Matters
• Importance of centralized communication
• General statements regarding district’s
  commitments to student safety/wellbeing
• No communications regarding identifiable
  students
Questions?