NSBA Legal Clips
Archived entries for Freedom of Information Act

Florida appellate court rules that student email complaining about professor’s classroom behavior and teaching methods was an education record protected from disclosure under FERPA

A Florida Appeals court has ruled that a college did not violate the state public records law by refusing to provide a professor with an unredacted copy of a student’s email complaining about the professor’s classroom behavior and teaching methods, because the email was protected under the Family Educational Rights and Privacy Act (FERPA).

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U.S. Supreme Court rules Virginia can restrict nonresidents’ use of state’s FIOA

On April 29, 2013, the U.S. Supreme Court ruled in McBurney v. Young that it’s legal for a state to limit use of its Freedom of Information Act to its own residents.

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Two Florida district board members seek reimbursement of more than $20,000 in legal fees incurred during public records investigation

The Herald-Tribune reports that Manatee County school board members Julie Aranibar and Karen Carpenter are seeking reimbursement for more than $20,000 in legal fees incurred during a public records violations investigation.

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Facing ACLU scrutiny, South Carolina district eliminates prayer from all board meetings and district events and activities

According to the Georgetown Times, on the advice of David Duff, attorney for the Georgetown County School District, the Georgetown County School Board has ceased the practice of opening board meetings with a prayer and replaced it with a moment of silence.

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ACLU sues to obtain documents from Des Moines school board’s closed session about acceptance of superintendent’s resignation

The Des Moines Register reports that the American Civil Liberties Union of Iowa has filed suit, on behalf of a former school board member, against the Des Moines school district seeking materials from a May 2012 school board meeting closed to the public during which the school board voted to accept the now-former superintendent’s resignation.

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New York legislature passes bill limiting disclosure of teacher evaluations

The Associated Press reports on BloombergBusinessweek.com that teacher evaluations will be kept secret from most taxpayers after state lawmaker’s passed Governor Andrew Cuomo’s bill, giving a major victory to teachers unions, who opposed wider disclosure of the evaluations.

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Virginia Supreme Court affirms ruling in favor of school board in “open meetings” FOIA case

The Virginia Supreme Court has affirmed a circuit court decision that the Fairfax County School Board did not violate the Virginia Freedom of Information Act, as the exchange of e-mails among board members discussing the closing of a district elementary school did not constitute a “meeting” under FOIA.

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