NSBA Legal Clips
Archived entries for disclosure

Oklahoma education department posts online the records of students who filed appeals

The Tulsa World reports that the Oklahoma State Department of Education published online the educational records with personal information of 25 high school seniors.

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Pennsylvania law requiring school employees to disclose arrests and convictions for serious crimes takes effect

A new Pennsylvania law requiring public and private school employees who are arrested or convicted of serious crimes to report those arrests or convictions to their employers and the Pennsylvania Department of Education (PDE) has taken effect, says the Patriot-News. The law expands the list of crimes that permanently disqualify people from school employment.

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Colorado teachers’ union challenges state board of education rule requiring public disclosure of teachers’ arrests

The Fort Collins Coloradoan reports that Colorado Education Association (CEA), the statewide teachers union, is asking a state court judge to strike down new rules requiring the public disclosure of teacher arrests. The new rules were unanimously adopted by the State Board of Education (CBOE). In a lawsuit filed in Denver District Court, CEA calls the new rules “arbitrary and/or capricious,” “vague” and an “abuse of or a clearly unwarranted exercise of discretion.”

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Kansas Board of Education rejects proposal to require fingerprints of teachers licensed before 2002

According to the Topeka Capital-Journal, the Kansas State Board of Education (KBOE), in a 6-4 vote, decided not to submit a proposal to the Kansas attorney general or the Kansas Department of Administration for review that would require the gathering of the estimated 40,000 sets of fingerprints from teachers who received their licenses prior to 2002. The proposal would have required that the estimated 40,000 sets of fingerprints be put into the Kansas Bureau of Investigation’s (KBI) Rap Back program. The program would provide instant notification to KDE if a licensed teacher is arrested or has entered into a diversion agreement for an offense that could lead to revocation of his or her license.

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Colorado State Board of Ed adopts rule requiring school districts to notify parents of employee arrests

The Colorado Board of Education (CBOE) has approved rules that require school district officials to notify parents of students whenever a school employee is arrested or charged with any felony, or misdemeanor sexual assault, child abuse or indecent exposure, says the Fort Collins Coloradoan.

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Names and salaries of school district’s employees subject to disclosure under Wyoming’s public records law

The Supreme Court of Wyoming has ruled that a newspaper is entitled to the names and salaries of individual school district employees under the state’s public records law. It concluded that such disclosure is not in conflict with the state education code’s directive to school districts to publish salary information by category.

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Colorado Attorney General says school districts may not divulge teachers’ arrests on criminal charges

The Colorado Attorney General’s Office (AG) has informed the Colorado Board of Education (CBOE) that local school district officials cannot divulge the criminal arrests of licensed teachers, which are provided to them weekly by the Colorado Department of Education (CDE), according to a report in the Pueblo Chieftain carried by Education Week. According to the AG, breaching the controversial shroud of secrecy that drapes teacher arrest records maintained by the state constitutes a crime.

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Wyoming court orders school district to disclose names and salaries of teachers

The Wyoming Tribune Eagle (WTE) reports that the Laramie County District court has ruled that the names and salaries of all Laramie County School District 1 (LCSD1) employees are public records subject to disclosure. The court’s ruling was in response to a suit filed by the newspaper after LCSD1 denied its request for access to the documents. LCSD1 Assistant Superintendent John Lyttle denied the request on the grounds that the Wyoming Education Code requires school districts to publish salaries only by category and prohibits the disclosure of any other identifying information. Rejecting Lyttle’s argument, the court stated: “(O)ne burden of public employment is that any person who makes a proper request may learn the compensation paid to a public employee, regardless of the level at which he toils for a government entity.”

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