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Board delays decision on mental‑health services MOU after privacy concerns
Summary
A proposed amendment that would have required behavioral‑health counselors to sign individual MOUs and leave contact sheets on site was withdrawn. Board members raised FERPA and public‑records concerns and asked the board attorney to review; the MOU decision was postponed to a future business meeting.
The Jefferson County school board considered a memorandum of understanding (MOU) for mental‑health services covering two providers but delayed final action after members raised privacy and records‑access concerns.
Commissioner Hardy (S5) proposed an amendment requiring each behavioral‑health therapist to complete a contact information sheet to be kept at the school where they work and to individually sign an MOU. Hardy said the changes would make clear the therapist’s responsibilities and provide a point of contact on site. "I would like to amend the LOU to include that the therapist fill out an information sheet to be kept at the school...and they also individually sign an MOU," Hardy said.
Staff and members questioned whether such information would be subject to public records requests and whether storing personal phone numbers or addresses on site was appropriate. A district staff member (S6) explained the FERPA distinction: private duty nurses typically tie to a single student's IEP and thus are part of a student record, while a behavioral‑health liaison providing services to many students is not recorded as part of an individual student’s education record. S6 cautioned that the district should consider how contact information is stored and who may access it.
After discussion, Hardy withdrew his amendment so the board could consult with the board attorney, and a motion was made to postpone further action on the MOU until the next business meeting/work session to allow legal review and potential redrafting of contact‑information procedures. Board members suggested alternatives such as listing the contractor agency’s phone number on site instead of individual staff cell numbers and redacting personal addresses.
Why it matters
The MOU governs how outside mental‑health providers interact with students in district buildings; decisions about how provider contact information is stored and who can access it have implications for student privacy, staff safety and compliance with public‑records law.
What’s next
Board staff will consult the board attorney and present revised MOU language at the district’s work session and the next business meeting for further consideration.
