On October 23, 2024, Parents Defending Education filed its opening brief in Parents Defending Education v. Sequoia Union High School District. The California Public Records Act (CPRA) exists “to prevent secrecy in government and to contribute significantly to the public understanding of government activities.” PDE used it to request the district’s records about why the M-A Chronicle, a school-sponsored student newspaper, tried to stop a documentary filmmaker from using certain photos and videos. PDE planned to post the records online so the public could see why the paper acted and whether taxpayer dollars supported it.
The district does not dispute that PDE may request public records, but it refused to release some of them for three reasons:
- It claimed records “created, held or used by students” were not public records because they contained student expression. But government records don’t stop being public just because they include someone’s expression.
- It claimed those records, and records of the journalism teacher’s advice to the paper, were protected by a “reporter’s privilege.” But the CPRA has no such exemption, and it wouldn’t apply here anyway.
- It claimed releasing the teacher’s advice would not serve the public interest because it would “sow discord between parents and teachers and within the community.” But vague concerns like these cannot override the public’s right of access.
Under the CPRA, the district must justify withholding records. Because it cannot, PDE asks the court to order the district to release them.
Read the full brief below:
