Board committee debates confidentiality language for nonprofit supporter data in proposed policy

Staff presented proposed revisions to policy 21-25 on confidential information and the board spent significant time discussing a paragraph that lists exceptions identified in statute. Staff said the goal of the blue-highlighted language was to make clear what information the Wake County Public School System holds and when statutory exceptions apply, including exceptions connected to campaign reporting and court-ordered disclosures.

Board members questioned whether reproducing the statute’s exception list in full in the policy is necessary. One committee member said omitting spelled-out exceptions had previously created confusion about First Amendment protections and urged that the exceptions be included in the policy so staff and the public would not need to consult the statute separately. Legal staff responded that the paragraph simply mirrors the law and that the district could opt either to cite the statute or to include the enumerated exceptions; staff recommended including the language to reduce confusion.

After discussion, the committee voted to place the revised 21-25 language on the April 21 consent agenda and asked staff to return with any requested clarifications. Staff also noted that the policy’s scope is limited to information in the district’s possession (employees, board members, records) and does not create new disclosure obligations outside the statute.

Board members asked staff to clarify exceptions and to provide plain-language guidance for employees so they know when to consult the policy versus the underlying statute. Staff will post explanatory notes and prepare consent materials ahead of the April 21 meeting.