Information that is not a public record shall be released only as allowed by law.
(cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/ Privileged Information)
Confidential/privileged information which is produced for or which comes out during closed sessions of the Governing Board shall not be divulged or released unless a majority of Board members agree to release the information, subject to applicable laws regarding closed sessions. (Education Code 35146, Government Codes 3549.1, 6250 et seq., 54956.8, 54956.9, 54957 et seq.)
Confidential/privileged information is defined as: (Government Code 1098)
1. Information that is a not public record subject to disclosure under the Public Records Act.
2. Information that by law may not be disclosed.
3. Information that may have a material financial effect on the Board member.
Disclosures excepted from this prohibition are those made to law enforcement officials or to the joint legislative audit committee when reporting on improper governmental activities.
(cf. 4112.6/4212.6/4312.6 - Personnel Files)
(cf. 5125 - Student Records)
Confidential/privileged information which is produced for, or which comes out during, closed sessions of the Board shall not be divulged or released unless a majority of Board members agree to release the information, subject to applicable laws regarding closed sessions. (Education Code 35146; Government Code 3549.1, 6250-6270, 54956.8, 54956.9, 54957-54962)
(cf. 9321 - Closed Session Purposes and Agendas)
(cf. 9321.1 - Closed Session Actions and Reports)
Legal Reference:
EDUCATION CODE
35010 Power of governing board to adopt rules for its own governance
35146 Closed session
GOVERNMENT CODE
1098 Public officials and employees: confidential information
3549.1 Meeting and negotiating in public educational employment
54950-54962 Brown Act, especially:
54956.8 Open meeting laws
54956.9 Closed meeting for pending litigation
54957 Closed Session; "employee" defined; exclusion of witnesses
54957.1 Subsequent public report and rollcall vote; employee matters
in closed session
54957.5 Public records
54957.6 Closed session; representatives with employee organization
54957.7 Reasons for closed session
6250-6270 Inspection of public records, especially:
6254 Public Records; exemption of particular records
ATTORNEY GENERAL OPINIONS
80 Ops.Cal.Atty.Gen. 231 (1997)
Management Resources:
CSBA PUBLICATIONS
Maximizing School Board Leadership, Boardsmanship, 1996
Bylaw ESCONDIDO UNION HIGH SCHOOL DISTRICT
adopted: August 18, 1998 Escondido, California