Judge says previous JPS employee confidential info policy is unconstitutional
4 min read
A special judge issued a ruling Tuesday that says a previous Jackson Public Schools policy restricts the free speech of the district’s teachers. “The court finds not only that JPS’s policies violate the Mississippi Constitution, but also that they gravely threaten the public interest in public education,” special Circuit Judge Jess Dickinson wrote in the ruling. “By silencing its teachers, staff, employees, and their organizational advocate, JPS deprives its students, their parents, and other interested parties such as legislators and taxpayers, of important information necessary to fully understand and take part in their public education system, and meaningfully call for its improvement where and when needed.”The Jackson Federation of Teachers, a labor union representing JPS teachers and personnel, took the school district to court over a confidential information policy. Dickinson said in the ruling that an injunction serves the public interest. He issued a permanent injunction against the following JPS staff ethics policy:”Directing any criticism of other staff members or of any department of the school system toward the improvement of the school system the particular school administrator who has the administrative responsibility for improving the situation and then to the superintendent, if necessary. Sharing of information … downgraded to idle gossip or negative commentary to the media, or others within the community.Unauthorized disclosure or use of confidential school information …”Dickinson also said JPS is permanently enjoined from enforcing the following social media restrictions for employees:”All employees, faculty and staff of this school district who participate in social networking websites shall not post any data, documents, photos or inappropriate information on any website or application that might result in a disruption of classroom activity. This determination will be made by the Superintendent … Violation of any of these policies may result in disciplinary action, up to and including termination. Do not share confidential information whether it is internal school discussions or specific information about students or other staff … Do not write about colleagues or students without their expressed permission.”The ruling also said JPS may no longer use a policy that blocks employees from contacting the media, the public, parents, law enforcement or anyone else “about information concerning, or issues arising in, the schools.” The ruling does not prohibit JPS from enacting policies or actions that are necessary to comply with local, state and federal laws.Tap here to read the full ruling.
A special judge issued a ruling Tuesday that says a previous Jackson Public Schools policy restricts the free speech of the district’s teachers.
“The court finds not only that JPS’s policies violate the Mississippi Constitution, but also that they gravely threaten the public interest in public education,” special Circuit Judge Jess Dickinson wrote in the ruling. “By silencing its teachers, staff, employees, and their organizational advocate, JPS deprives its students, their parents, and other interested parties such as legislators and taxpayers, of important information necessary to fully understand and take part in their public education system, and meaningfully call for its improvement where and when needed.”
The Jackson Federation of Teachers, a labor union representing JPS teachers and personnel, took the school district to court over a confidential information policy. Dickinson said in the ruling that an injunction serves the public interest.
He issued a permanent injunction against the following JPS staff ethics policy:
“Directing any criticism of other staff members or of any department of the school system toward the improvement of the school system [to anyone other than] the particular school administrator who has the administrative responsibility for improving the situation and then to the superintendent, if necessary.
Sharing of information … downgraded to idle gossip or negative commentary to the media, or others within the community.
Unauthorized disclosure or use of confidential school information …”
Dickinson also said JPS is permanently enjoined from enforcing the following social media restrictions for employees:
“All employees, faculty and staff of this school district who participate in social networking websites shall not post any data, documents, photos or inappropriate information on any website or application that might result in a disruption of classroom activity. This determination will be made by the Superintendent … Violation of any of these policies may result in disciplinary action, up to and including termination. Do not share confidential information whether it is internal school discussions or specific information about students or other staff … Do not write about colleagues or students without their expressed permission.”
The ruling also said JPS may no longer use a policy that blocks employees from contacting the media, the public, parents, law enforcement or anyone else “about information concerning, or issues arising in, the schools.” The ruling does not prohibit JPS from enacting policies or actions that are necessary to comply with local, state and federal laws.
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