News/Education
By George Miller, 11-22-24, updated 11-23-24
The Nassau County Chapter of Citizens Defending Freedom (CDF) just won a lawsuit to force The Nassau County School District (NCSD) and Ripple Effects disclosure of the latter’s mental health counseling curriculum for troubled students, which is administered by Starting Point Behavioral Health (SPBH). NCSD and SPBH had strongly resisted every attempt to obtain and examine it by CDF, according to the organization’s Executive Director Jack Knocke and Counsel James Bruner. NCSD had offered limited disclosure in January, but the terms were unacceptable to CDF.
Read the court ruling
Read their original Court Filing # 191446774 E-Filed 02/07/2024 12:07:11 PM
This message from Mr. Knocke was authorized to be made public:
(Nassau Co., FL) CCDF and Jack Knocke v. Nassau County School Board, et al. – Order Granting in Part and Denying in Part Plaintiffs’ Petition for Writ of Mandamus
CDF school team and prayer warriors,
The long-awaited decision came in on the Ripple Effects case. Judge Aho agreed with all of our arguments regarding the mental health curriculum being public record and available for the citizens of Nassau County to review.
Our request for access to this information started on August 1st of 2023. We are just now getting a ruling from the judge provided us with full access to the curriculum that is being presented to school children as a mental health planning, assessment and intervention tool.
Now the real work begins. We will be working with the Nassau County School District to arrange access to the software in accordance with the court order.
Many thanks to our CDF legal team including Lead Attorney James Bruner for researching the law, arguing the case successfully and supporting the transparency of school mental health curriculum that should be readily available to every citizen of Nassau County as a public record. There is no place for keeping secrets when it comes to schools
Thanks to all of you for your support, encouragement and prayers!
Jack
~~~
The CDF complaint consisted of three major points or “counts”:
- District is mandated to disclose this material as eligible public records under Florida state law. They also offended in illegally omitting this requirement from their contract for use of the materials.
- NCSD policy was illegal in not including proper disclosure policy and contract disclosure flowdown requirements and in refusing in a reasonable time, and allow full access, even though these materials were available to NCSD & SPBH.
- The argument that videos are not computer based programs is a “red herring,” they asserted.
A partial list of topics CDF obtained suggested to them that some of the materials are inappropriate for the students, although that didn’t need to be proven under a law that requires disclosure of included materials for any reason.
Knocke told us that Judge Aho’s ruling gives NCSD until December 20 for full disclosure of the program (not including student-specific confidential data). NCSD must pay some of CDF’s legal expenses, as well. He and Counsel Bruner have steadfastly maintained that Florida law dictated transparency and disclosure off these materials. Those positions were fully supported by the court. It appears that there is a severe lack of transparency in the district and board, that is inappropriate, in some cases, illegal and breaks down trust and communications between NCSD/School Board and the public.
Citizens Journal Florida (specifically the author of this article) attended the two main hearings in May and July (see linked articles below). There we heard Mr. Bruner and Knocke state their main assertions that they heard and saw some things about the materials and administration thereof which caused them concern and wished to exercise their legal rights under state law to obtain and examine these. Neither NCSD nor SPBH would show them any significant materials which would enable to do that. After multiple attempts, meetings and negotiations exhausted all of their options and channels, the only remaining route was via the court system, hence the lawsuit.
NCSD and SPBH offered a blizzard of excuses why the materials did not have to be disclosed: that it isn’t “curriculum,” that it isn’t in the form of computer programs, that it is copyright protected, that they are “trade secrets,” that it’s covered by non-disclosure agreements, that their policy did not allow disclosure, that the contract did not allow disclosure, that it is administered by third parties, that sessions are not conducted on campus and more.
Bruner’s team peeled away their arguments methodically, one by one and more importantly, made the judge believe them.
Once CDF is legally in possession of items requested, they may evaluate whether, as a result of their investigation, the materials and services in question are appropriate and legal, then act accordingly. It is further hoped that this exercise will in the future make the District more likely to promptly and comprehensively comply with legally valid requests such as this one. This is CCDF’s first legal action against the district.
This first very clear-cut court victory for CDF vs. the NCSD should help pave the way for more orderly disclosures in the future, since both parties now know the drill and corrections in NCSD policies, training and contracts will be mandated. Conversely, CDF is learning what can and can’t be done. Our only concern is that so far a relationship of confrontation has developed between the parties, which is not good for either party or the public. What would be needed to make it more of a win/win situation?
Analysis
11-23-24: After studying the ruling today, it looks like Judge Aho’s ruling makes it very clear that access to this material MUST be granted and on a timely basis, which it was not. In fact, NCSD offered access after six months of wrangling, but not on the terms desired by CDF, which involved copies and full access to the public. Our reading of this is that they may only have online access. The ruling said nothing about general public access, copies can be made, it can only be accessed and written notes be taken. Furthermore, CDF’s requested remedies including changing NCSD policies and training to conform with the law were not addressed in the ruling. Court costs are to be reimbursed only up until the time of the December settlement offer from defendant.
More if/when we get comments from principals and key observers.
Other relevant Citizens Journal Florida articles…
In Court: CDF v. Nassau County School District Withholding Curriculum/Materials
News By George Miller, 7-11-24 Citizens Defending Freedom (CDF) is now in litigation with Nassau County School District (NCSD) and suppliers allegedly refusing to disclose legally…
Nassau CDF Uncovers Proposed Curriculum … District Had Not Seen or Reviewed February 22, 2024
Press Release By Citizens Defending Freedom 02-23-24 I could not believe my ears. This revelation is astounding. The NCSD was seeking to approve curriculum that was not in the…
Nationwide Nonprofit, County Citizens Defending Freedom-USA, Inc, and Local Leader, Jack Knocke Sue Nassau County School Board Over Concealed Adult-Themed Curricula
News/Education By George Miller, 2-9-24 Local civic activist and County Citizens Defending Freedom USA and its Nassau County Director Jack Knocke filed a lawsuit in 4th…
Video: LGBTQ Counselor Tells MINOR They Will HIDE Documents From PARENTS!3
Press Release The Quisha King Show went undercover and created this 7-minute youtube video Submitted by Citizens Defending Freedom-Nassau Shining Light, Taking Action, 7-5-23 This is one…
Why Should YOU Get Involved in Nassau Schools Textbook/Curriculum Situation?
Opinion By George Miller 5-9-24 The Nassau County chapter of Citizens Defending Freedom (CDF) called out the County School District for objectionable new proposed social studies…
George Miller is Publisher and Co-Founder of Citizens Journal Florida, based in Fernandina Beach. He is a “retired” operations management consultant, software and publishing executive (11 years) and manufacturing management professional. He and his wife left California after 41 years, in part, because of some of the very same things this article addresses- and much more- were happening there and not being so effectively resisted as they are here.
