Board repeatedly denied records on copyright basis, suit says

Annalise Gilbert:

Miranda Stovall’s lawsuit against her local Kentucky school board in June transformed a national debate over parental access to education into a copyright dispute when the district invoked the rights of a Pearson PLCsubsidiary to reject her request for a copy of a mental health survey administered to students.

Stovall learned that her child and others in grades 6 to 12 would receive a ‘Mental Health Screener,’ so in January 2023 she submitted a public records request for a copy of the survey, according to her complaint. But the board denied the request, only offering her to inspect the survey in person. Not because of student confidentiality or health privacy, but due to the copyright protections of education giant Pearson.

School boards have been increasingly thrust into public view as they respond to parents seeking to control the content their children are exposed to at school. A Missouri school district in May was sued by two parents who claimed it thwarted their public record requests for a “Hook-Up Topical Survey” emailed to students by a staff member. The case followed legislationintroduced by Sen. Tim Scott (R-S.C.) in January “protecting the right of parents” by acknowledging parents’ rights to “direct” the education of their children.