Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Legal Process topic
No spam. Unsubscribe anytime.
Board hears court clarification: privilege waiver applies only to comprehensive mass-casualty investigations, officials say
Summary
Superintendent Kirby told the board the Court of Claims clarified a privilege waiver would apply only during comprehensive investigations after defined mass-casualty events; appeals court outcomes remain uncertain and could change interpretations.
During the Dec. 30 meeting, Superintendent Kirby reviewed the Court of Claims decision and emphasized that the judge limited the scope of the privilege waiver to comprehensive investigations tied to a mass-casualty event.
"The privilege waiver will be triggered only during a comprehensive investigation following a mass casualty event," Kirby said, noting the court defined mass casualty to mean multiple injuries or fatalities or an incident that exceeds local emergency resources. Kirby warned the appeals court could interpret the law differently and that relief allowing districts who opt out to opt back in is not guaranteed.
Board members probed whether privately retained counsel or student records would be subject to disclosure; Kirby clarified that privately retained attorneys remain protected and that FERPA continues to protect student records. The board also discussed that the resolution limits the waiver to information related to a mass casualty and includes a time limit tied to the 2526 fiscal year unless law or court rulings change.
