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Commission urged to refine Board of Education reporting language to protect student privacy
Summary
Council recommended that certain Board of Education reporting requirements be clarified; commissioners and counsel stressed FERPA and other legal safeguards, and suggested data‑use agreements and carve‑outs for sensitive student and personnel information.
The council recommended referring section 6‑18 back to the Charter Revision Commission for further refinement because the draft's language about Board of Education reporting could unintentionally require disclosure of protected student data. A council member noted the draft initially used the term "shall" for reporting; counsel and commissioners raised concerns about conflicts with FERPA and other privacy rules and recommended either carving out legal exceptions or using a data‑use agreement to limit the scope of shared information.
One commissioner recommended defining what "full access" does and does not include, proposing a concise list of excluded categories (for example, personally identifiable student records and personnel files) and a reporting cadence (quarterly or similar). Council members said they sought transparency but did not want to run afoul of student privacy law; counsel reported prior discussions with the board of education's counsel and superintendent had resolved many items except the 'shall' language.
