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District Policies

Viewing Policy: SP 4119.23 Unauthorized Release of Confidential/ Privileged Information



UNAUTHORIZED RELEASE OF CONFIDENTIAL/                                                 

PRIVILEGED INFORMATION 

The San Benito County Superintendent of Schools recognizes the importance of keeping confidential information confidential. Staff shall maintain the confidentiality of information acquired in the course of their employment. Confidential/privileged information shall be released only to the extent authorized by law.

 

Disclosure of Closed Session Information

 

An employee shall not disclose confidential information acquired by being present during a closed session to a person not entitled to receive such information, unless the San Benito County Board of Education authorizes disclosure of that information. (Government Code 54963)

 

Confidential information means a communication made in a closed session that is specifically related to the basis for the County Board to meet lawfully in closed session. (Government Code 54963)

 

An employee who willfully discloses confidential information acquired during a closed session may be subject to disciplinary action if he/she has received training or notice as to the requirements of this policy.  (Government Code 54963)

 

The County Superintendent or designee shall provide all employees who attend closed sessions a copy of this policy. New employees who may attend closed sessions shall also receive a copy of this policy.

 

The County Superintendent shall not take disciplinary action against any employee for disclosing confidential information acquired in a closed session, nor shall the disclosure be considered a violation of the law or Department policy, when the employee is:  (Government Code 54963)

 

  1. Making a confidential inquiry or complaint to a Department attorney or grand jury concerning a perceived violation of law, including disclosing facts necessary to establish the illegality or potential illegality of a County Board action that has been the subject of deliberation during a closed session

 

  1. Expressing an opinion concerning the propriety or legality of County Board action in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action

 

  1. Disclosing information that is not confidential

Other Disclosures

 

An employee who willfully releases confidential/privileged information about the Department, students or staff shall be subject to disciplinary action.

 

 

 

 

UNAUTHORIZED RELEASE OF CONFIDENTIAL/ PRIVILEGED INFORMATION (continued)

 

No employee shall disclose confidential information acquired in the course of his/her official duties. Confidential information includes information that is not a public record subject to disclosure under the Public Records Act, information that by law may not be disclosed, or information that may have a material financial effect on the employee.

 

Any action by an employee which inadvertently or carelessly results in release of confidential/privileged information shall be recorded, and the record shall be placed in the employee’s personnel file. Depending on the circumstances, the County Superintendent or designee may deny the employee further access to any privileged information and shall take any steps necessary to prevent any further unauthorized release of such information.

 

 

Legal Reference:

EDUCATION CODE

35010  Control of district; prescription and enforcement of rules 35146 Closed sessions

35160  Authority of governing boards

44031  Personnel file contents and inspection

44932 Grounds for dismissal of permanent employees 44933 Other grounds for dismissal

45113  Rules and regulations for classified service 49060-49079 Pupil records

GOVERNMENT CODE

1098 Public officials and employees: confidential information 6250-6270 Inspection of public records

54950-54963 Brown Act

UNITED STATES CODE, TITLE 20

1232g  Family Education Rights and Privacy Act

 

Management Resources:

WEB SITES

CSBA: http://www.csba.org

 

 

 

 

 

 

 

 

 

Policy Approved:12-12-18