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Board committee reviews new special-education confidentiality policy (Policy 113.4)
Summary
Policy committee reviewed Policy 113.4, a new policy on confidentiality of special education student records that would designate the Director of Pupil Services and Supports to coordinate compliance and clarifies parent access, retention, disclosure and interactions with law enforcement.
The Kennett Consolidated School District policy committee reviewed a new Policy 113.4 on Feb. 24 that specifically addresses confidentiality and handling of special-education records, including parental access, retention, storage and disclosure to third parties.
Cassandra Jones, Director of Pupil Services and Supports, told trustees the policy was drafted as part of a broader effort to revise the district’s "1-13" series governing special education. Jones said the policy would designate the Director of Pupil Services and Supports to coordinate compliance efforts. "It is our recommendation that the Board designates the Director of Pupil Services and Supports to coordinate efforts to comply with the policy and applicable laws," Jones said.
Trustees raised questions about the policy’s use of modal verbs. Board member Lizwayne Myers asked why some provisions use "shall" while others use "will." "Shall under the law... means you must," Myers said, urging that places where the law imposes obligations should read "shall." District staff said the policy was reviewed by the department’s attorney, Sweet Stevens, and that the firm adopted "will" in many places for clarity and public readability; staff offered to revert phrasing to "shall" where board members preferred the stronger legal form.
Superintendent Kimberly Rizzo Saunders and staff said the revised phrasing did not change the district’s intended legal obligations. Jones and staff said they would take the board’s preference regarding "shall"/"will" back to counsel and return a revised draft. Jones also noted that where model or statutory obligations exist, the policy language reflects those legal requirements.
No vote was taken; the committee agreed to bring the policy back after staff consult Sweet Stevens about wording and to ensure delegated responsibilities are tracked across policies. Trustees asked staff to compile an annual list of policy delegations (superintendent or designees) to keep named positions current.
