Stovall v. Jefferson County Board of Education

Kentucky Parent Sues School Board over Refusal to Produce Surveys

About the Case

Southeastern Legal Foundation (SLF) is representing a parent in Kentucky federal court who has been stonewalled and denied access to basic information about student surveys being administered in her school district.

Miranda Stovall is a mom of four who advocates for parental rights, educational reform, and education transparency in Kentucky. As part of her advocacy, she requested a copy of a survey administered to one of her children under the state’s open records law. The survey was administered by Pearson, a group that notoriously pushes radical ideologies while asking children invasive questions about their mental health and families. The school district denied her request, claiming that the contents of the survey were copyrighted, so SLF filed this lawsuit on Ms. Stovall’s behalf.

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As a public advocate, Ms. Stovall wants to access the Pearson surveys and other curriculum in Jefferson County Public Schools (JCPS) so that she can publicize what students are being taught and engage in open debate about what is happening in the school district. Although the Kentucky Open Records Act grants members of the public access to this information, JCPS is abdicating its duty under the law to produce such records, claiming that the surveys are protected under federal copyright.

But Ms. Stovall’s activities are protected under both the First Amendment and the fair use exception to federal copyright, which permits individuals to access copyrighted materials when using them for public debate.

If JCPS is allowed to continue stonewalling Ms. Stovall and other parents, it will shut the door to public transparency and accountability while also stifling debate.

Case Status

Active

Court

District of Kentucky

Why This Matters

As the primary caregivers for their children, parents have a right to know what their children are being taught. Transparency under the law gives the public direct access to know what their government is doing and hold it accountable. But if parents cannot access basic information about what their children are being taught or asked through invasive surveys, they cannot redress their grievances with their school board or otherwise hold their government accountable.

On top of that, the surveys schools like JCPS give to students are often very invasive and ask personal questions about students’ mental health and how they feel about their family. Pearson is widely known for pushing radical ideologies on children. Too often, parents are not told in advance that their children will be receiving these surveys, and after, schools like JCPS refuse to give parents access to the surveys that were distributed. This puts parents in a very difficult position and makes it nearly impossible to protect their children.

Vice President of Litigation for SLF Braden Boucek states,

Parents have a First Amendment right to redress their grievances with their school boards and raise concerns about what their children are being taught. When they do not know what is happening in their own children’s schools, they are excluded from public debate altogether. In this way, JCPS has muzzled free speech, and we are holding it accountable.

Why This Matters

As the primary caregivers for their children, parents have a right to know what their children are being taught. Transparency under the law gives the public direct access to know what their government is doing and hold it accountable. But if parents cannot access basic information about what their children are being taught or asked through invasive surveys, they cannot redress their grievances with their school board or otherwise hold their government accountable.

On top of that, the surveys schools like JCPS give to students are often very invasive and ask personal questions about students’ mental health and how they feel about their family. Pearson is widely known for pushing radical ideologies on children. Too often, parents are not told in advance that their children will be receiving these surveys, and after, schools like JCPS refuse to give parents access to the surveys that were distributed. This puts parents in a very difficult position and makes it nearly impossible to protect their children.

Vice President of Litigation for SLF Braden Boucek states,

Parents have a First Amendment right to redress their grievances with their school boards and raise concerns about what their children are being taught. When they do not know what is happening in their own children’s schools, they are excluded from public debate altogether. In this way, JCPS has muzzled free speech, and we are holding it accountable.

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