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Board approves data‑sharing agreement for PD despite FERPA concerns; vote 5‑2

Brownsville Independent School District Board of Trustees · September 9, 2024
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Summary

Trustees voted 5‑2 to approve a data‑sharing agreement allowing Rivera Educational Consulting to access district assessment data to tailor professional development (ColorBands); dissenting trustees raised FERPA and oversight concerns and asked for IT and legal safeguards.

The Board approved Sept. 9 a data‑sharing agreement with Rivera Educational Consulting, LLC to allow the vendor access to district assessment data for the term of a professional development contract (ColorBands) that the Board had approved Sept. 3. The motion passed 5–2 (yeas: Gonzalez, Lopez‑Valdez, Garza, Garcia, Leal; nays: Elizondo, Ortiz).

Assistant Superintendent Rose Longoria said Rivera needs access to campus assessment data so consultants can tailor training to each campus’s instructional strengths and weaknesses rather than offer a one‑size‑fits‑all program. Board Member Frank Ortiz voiced privacy concerns and asked whether sharing the data would violate federal student privacy protections. "This is confidential information and I have an issue with that," Ortiz said, asking if the district would obtain parental consent and who would police data security.

Staff Attorney Miguel Salinas and administrators said the district commonly uses data‑sharing agreements for vendors (Medicaid vendors and other contractors were cited as examples) and that agreements contain confidentiality clauses and breach protocols. Salinas said the purpose of the agreement is educational and that the district will monitor vendor compliance.

Trustees pressed for technical safeguards and for IT to limit off‑site exposure where possible. District staff said they would coordinate with IT to secure the data transfer and limit access. The Board approved the agreement with five trustees supporting the motion and two opposed; the minutes record that dissenters were concerned about potential data leaks even when agreements are in place.

The vote allows Rivera to review assessment results to prepare and deliver campus‑specific PD, but trustees asked administrators to return with documentation of security measures and oversight practices if implementation raises additional concerns.