Fairfax County Public Schools allows committee of parents and community members to see confidential information

Parents Defending Education submitted a public records request to Fairfax County Public Schools seeking a copy of the nondisclosure agreement (NDA) that was provided to Boundary Review Advisory Committee members. This committee consists of a “diverse group of parents/caregivers, school-based and division administrators, teachers, operational staff, and community members.” The goal of this committee is to provide “equitable access” through “boundaries across our district to better support student population growth, changes in school capacity, student health and wellness, and evolving community needs.”

Despite this committee also consisting of parents and community members, the NDA form explains that confidential information will be provided to committee members:

As a Member of the Boundary Review Advisory Committee, Fairfax County Public Schools (“FCPS”) and its authorized representatives anticipate sharing Confidential Information with you orally, in writing, and through visual presentations. You will be able to identify Confidential Information because it reasonably appears to be of a non-public and sensitive nature, or because we advise you of its confidential nature by labeling it as such or by informing you verbally.

FERPA (Family Educational Records Privacy Act) is a federal law that protects confidential student records. Under FERPA, confidential records cannot be shared. If the records are shared under the studies and evaluation exception, anyone seeing that data would already be prohibited from sharing it. It is unclear why FCPS would require an NDA for data already protected under FERPA.