A Nashville judge has sided with Tennessee’s Achievement School District in the tussle over whether local school districts must share student contact information with charter networks under a new state law.
Chancellor Bill Young this week ordered Metropolitan Nashville Public Schools to turn over information requested by LEAD Public Schools, which operates two state-run schools in the city. The district has until March 16 to comply or appeal.
The ruling is a blow to local district leaders in both Nashville and Memphis, who have argued that a federal privacy law gives them discretion over who gets that information. They also contend that the intent of Tennessee’s new charter law, which passed last year, was that such information should not be used for marketing purposes.
The State Department of Education has backed information requests by LEAD in Nashville and Green Dot Public Schools in Memphis, both of which operate charter schools under the state-run turnaround district known as the ASD. State officials say the information is needed to increase parental awareness about their school options and also to help the state’s school turnaround district with planning.
Nashville’s school board has not yet decided whether to appeal Young’s ruling, according to Lora Fox, the city’s attorney.
Shelby County Schools was not included in the state’s lawsuit leading to this week’s ruling, but the case has implications for Memphis schools as well. Last summer, Education Commissioner Candice McQueen ordered both districts to turn over the information. Both have been defiant.
Lawyers representing all sides told Chalkbeat this week that Young set the March 16 deadline to allow time for the legislature to address ambiguity over the state law and for Nashville schools to notify parents of their right to opt out.
Rep. Bill Forgety already has filed a bill in an attempt to do clear the air. The Athens Republican chaired the key House committee that advanced the new charter law and has said that recruitment was not the intent of the provision over student contact information. His bill would restrict charter school requests to a two-month window from January 1 to March 1, confine school communication with non-students from February 1 to April 1, and open up a two-way street for districts to request the same information from charter schools.
The disagreement began with longstanding requests from state-run charter organizations for addresses, phone numbers and emails of students and their parents who live in neighborhoods zoned to low-performing schools. When local districts did not comply last summer, the charters cited the new state law requiring them to hand over student information to the charter schools within 30 days of receiving the request.
To learn what information is at stake and how it’s used, read our in-depth explainer on student data sharing and FERPA.