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District counsel cites confidentiality under Education Law 302A as residents press for personnel transparency
Summary
Residents asked the board for transparency about a stipulation of settlement; district counsel said personnel disciplinary matters remain confidential under Education Law 302A unless an individual waives privacy, and that previously released documents were provided in response to FOIL requests.
Residents raised questions at the April 21 meeting about a stipulation of settlement the board had approved earlier this year and whether the full underlying documents would be disclosed without redactions.
Karen Schmidt and other residents asked why portions of the settlement appeared confidential. The district’s new senior counsel apologized for earlier, incorrect legal advice given to the board and said the district released the stipulation when requested via FOIL but must keep underlying disciplinary allegations confidential under Education Law 302A because charges in disciplinary proceedings remain unproven unless a formal public hearing is elected by the employee who is the subject of the proceeding.
The attorney said that releasing more detailed, unredacted investigatory allegations could expose the board to legal liabilities and that the stipulation that resolved the matter was released "in an almost unredacted format" to those who requested it under FOIL. Counsel encouraged residents to submit FOIL requests for documents but said some specifics could remain redacted where required by law. The board and counsel expressed regret for confusion and promised that the district would continue to follow counsel’s advice on disclosure while remaining responsive to public records requests.
Separately, Glenn Edwards asked about harassment reporting procedures; administrators said the district’s DASA policies and the student code of conduct, which outline reporting and parental-notification steps, are available on the district website and do not require FOIL requests.
