School board studies limits of executive‑session confidentiality and applicability of 'Silence No More' law

The Mercer Island School District Board of Directors held a study session to review allegations that board members had made public statements about a fellow director and to clarify what information discussed in executive session must remain confidential. The board also asked outside counsel about whether Washington—s so‑called "Silence No More" law applies to elected board members.

Board members said they wanted legal clarity after weeks of public comment and organizer emails prompted questions about confidentiality, defamation and parental notification requirements. "This is a study session, not a hearing," outside counsel Charles Leach told the board, adding the meeting was meant to "promote a conversation." The session brought multiple board members back to a single question: when is information discussed in executive session protected from disclosure?

The legal nut of the discussion was whether the 2025 state protections commonly called the Silence No More Act apply to elected board members and whether public records previously released mean the information was never…