Delayed, But Determined
The district has delayed releasing settlement records despite legal obligations, citing irrelevant confidentiality concerns. We’re pushing for transparency with more records requests underway. Support is needed to cover costs—any contribution helps.
The district’s deadline to produce records related to the lawsuit settlement was yesterday, Friday, March 28, 2025. After repeated calls and emails, I finally received the following late in the afternoon:
Hello Mr. Hatcher,
I am reaching out with an update on the estimated timeline for production of documents in response to your open records request for information related to the J.H. settlement. Our initial estimate was that production would be available on March 28. The District has retrieved documents from various departments that may be responsive to your request, but requires additional time to assess those documents in light of federal and state laws protecting the confidentiality of student information. As a result, the District is unable to produce any documents to you today. Because personnel will be unavailable for Spring Break the week of March 31, I now estimate that you will receive a response to this open records request by Friday, April 11.
Thank you for your patience and understanding.
While this delay may seem unreasonable, we will continue working to obtain the information we have every right to access. This past week, a couple of media outlets informed me they’ve submitted additional records requests to the district. We also have a few more in progress, along with clarifications on two existing requests.
What We Originally Requested
- The parties and principal settlement terms of the Settlement for Student JH as approved by the BOE on 07/18/2024.
- The electronic recording of the meeting portion relating to the agenda item Settlement for Student JH for the BOE meeting on 07/18/2024.
- Accounting ledger records relating to the Settlement for Student JH as approved by the BOE on 07/18/2024.
- Communication of notice to the district of an intent to sue or demand letter relating to the Settlement for Student JH. Note: The date the district received the notice is sufficient to satisfy this request.
None of these requests should require redaction to protect student confidentiality. Let’s break that down:
- Settlement Terms: Georgia law (GA Code § 50-14-3) states that no vote to settle litigation in an executive session is binding until a subsequent vote in an open meeting, where the parties and principal settlement terms are disclosed. We are simply asking for information that the district was legally required to make public before voting.
- Meeting Recording: This is a public record from a public meeting.
- Accounting Ledger: While it’s possible this document contains private information, my professional experience suggests otherwise. Even if it did, redacting sensitive details would take just minutes.
- Notice of Intent to Sue: This is likely an email or physical letter. Since we are requesting only the date the district received it, redaction would take mere seconds.
It’s time to pass the hat
Photo by Katt Yukawa
Many of you have asked how you can help with the costs. While I hoped to avoid handling the financial side of this effort, I have no other option right now. If you have suggestions, please reach out.
You can contribute by clicking here to make a one-time payment. Please note that each transaction carries a small fee, so one larger transaction is better than several smaller ones. Any funds collected beyond our needs will be donated to the Georgia First Amendment Foundation.
Right now, we need about $1,000 to cover incurred and expected costs, plus a small reserve. Whether you can contribute $5 or $500, every bit helps. I'll publish regular updates regarding the finances to keep everything in the open and everyone informed.
Also, be sure to check out my page about Alex II—there’s a lot of important information there.
Kerry Hatcher