School board approves Policy 5.15 on pupil records after contested amendments

The Faribault Public Schools School Board approved the second reading of Policy 5.15, Protection and Privacy of Pupil Records, on June 23, voting 5–1 after multiple amendment attempts and extended discussion.

Board member Linda Moore introduced four amendments to the policy that would have limited administrators’ authority to withhold student records from parents and removed language authorizing disclosure of personally identifiable immunization information to health authorities. Moore cited “Minnesota statute section 123B.09” and said the board “must superintend and manage the schools of the district” while arguing for parental access and against what she described as overly broad discretion for administrators.

Board counsel and fellow directors warned that adopting Moore’s proposed language would expose the district to legal risk. Director Linda Boudreau told the board that legal review indicated the proposed amendment would make the district vulnerable under Minnesota guardianship law and related legal interpretations. The board’s legal review and prior policy committee work were repeatedly cited by directors as a reason to approve the drafted policy without the amendments.

Direct discussion focused on two areas: (1) the use of the policy’s “emotional harm” standard that could be applied to withhold records from parents, and (2) whether the district should be authorized to share individually identifiable immunization records with health authorities. Moore expressed concern about the term “emotional harm” and argued parents should have access to their child’s records; other directors raised the possibility of court decisions and state law that could limit parental access in specific circumstances.

The board voted on Moore’s first amendment (to add a parental-request protection clause) and defeated it on a roll call, 4–2. A second amendment to delete the paragraph allowing disclosure to health or epidemiologic authorities failed for lack of a second. A later motion to delete a related paragraph for nonpublic school students was defeated 5–1 on roll call.

After further discussion and repeated reminder that the policy had been vetted by legal counsel and returned to the policy committee multiple times, the board held a final roll-call vote on Policy 5.15 as drafted. The result was 5 ayes, 1 no; the motion passed and the policy was adopted on second reading.

Direct quotes during the discussion included Moore saying she had “actually 4 amendments” and that she was concerned by the policy’s use of the term “emotional harm.” Director Boudreau summarized counsel’s advice, saying adopting Moore’s amendment “would put us in a vulnerable position legally.”

The board’s approval concluded a multi-month review cycle that returned the policy to the board after legal review and committee discussion. The policy will be recorded in board minutes and implemented according to the district’s policy-adoption procedures.