Hawaii: Why Civil Beat Fought For Teacher Discipline Records

Discussion in 'Articles' started by News Readers, Nov 26, 2019.

  1. News Readers

    News Readers The Paperboy

    Why Civil Beat Fought For Teacher Discipline Records

    In response to a Honolulu Civil Beat lawsuit, First Circuit Court Judge Bert Ayabe last week signed a summary judgment order that requires the Hawaii Department of Education to release the names and investigation records of teachers who were fired or suspended between April 2017 and April 2018. Beyond those suspended or fired, the order also requires that DOE release records for investigations of alleged misconduct with the names of those investigated, witnesses and any students redacted. In total, the order applies to the records of 34 “closed” misconduct cases sought by Civil Beat. Brian Black, executive director of The ...


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    https://www.civilbeat.org/2019/11/why-civil-beat-fought-for-teacher-discipline-records/
     
  2. TMP

    TMP Himself

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    ROBERT BRIAN BLACK
    7659
    LISA EMILY ENGEBRETSEN
    10952
    Civil Beat Law Center for the Public Interest
    700 Bishop Street, Suite 1701
    Honolulu, Hawai`i 96813
    brian@civilbeatlawcenter.org
    Telephone: (808) 531-4000

    Electronically Filed
    FIRST CIRCUIT
    1CC191000191
    12-NOV-2019
    05:18 PM

    Attorneys for Honolulu Civil Beat Inc.
    IN THE CIRCUIT COURT OF THE FIRST CIRCUIT
    STATE OF HAWAI`I
    HONOLULU CIVIL BEAT INC.,
    Plaintiff,
    vs.
    DEPARTMENT OF EDUCATION,
    STATE OF HAWAI`I,
    Defendant.

    CIVIL NO. 19-1-0191-02 BIA
    (Other Civil Action)


    PROPOSED ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

    HEARING MOTION
    JUDGE: Honorable Bert. I. Ayabe
    TRIAL DATE:
    NONE
    HEARING DATE: October 10, 2019
    HEARING TIME: 9:30 a.m.

    PROPOSED ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

    ROBERT BRIAN BLACK 7659
    LISA EMILY EN GEBRETSEN 10952
    Civil Beat Law Center for the Public Interest
    700 Bishop Street, Suite 1701

    Honolulu, Hawai?i 96813
    brian@civilbeatlawcenter.org

    Telephone: (808) 531-4000

    Attorneys for Honolulu Civil Beat Inc.

    IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF

    HONOLULU CIVIL BEAT IN C., CIVIL NO. 19-1-0191-02 BIA
    (Other Civil Action)
    Plaintiff,
    ORDER GRANTING PLAIN
    vs. MOTION FOR PARTIAL SUMMARY
    JUDGMENT
    DEPARTMENT OF EDUCATION,
    STATE OF HEARING MOTION
    JUDGE: Honorable Bert. I. Ayabe
    Defendant. TRIAL DATE: NONE

    HEARING DATE: October 10, 2019
    HEARING TIME: 9:30 a.m.



    ORDER GRANTING PLAIN MOTION FOR
    PARTIAL SUMMARY JUDGMENT

    Plaintiff?s Motion for Partial Summary Judgment, filed August 14, 2019, was
    heard on October 10, 2019, at 9:30 a.m. before the Honorable Bert I. Ayabe, Judge of the
    above-entitled Court, with appearances by R. Brian Black and Lisa Engebretsen, counsel
    for Plaintiff Honolulu Civil Beat Inc. (Civil Beat). Counsel for Defendant Department of
    Education, State of Hawai?i (DOE) did not make an appearance at the hearing. The
    Court having considered Civil Beat?s motion and reply memorandum,
    opposition, the declarations and exhibits submitted and the authorities cited by both
    parties, and the pleadings and other records in this case,


    IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff?s Motion for Partial
    Summary Judgment is GRANTED.

    1. The Uniform Information Practices Act (Modified), Hawai?i Revised
    Statutes (HRS) chapter 92F (UIPA), provides that ?[a]ll government records are open to
    public inspection unless access is restricted or closed by law.? HRS

    2. DOE ?has the burden of proof to establish justification for nondisclosure.?
    HRS

    3. It is undisputed that DOE withheld some, if not all, information
    concerning 34 employees investigated for alleged misconduct.

    4. DOE justified the withholding by claiming it was necessary to protect the
    identity of investigated employees, Witnesses, and students under the UIPA privacy
    exception, the UIPA frustration exception, and the federal Family Educational Rights
    and Privacy Act. HRS 20 U.S.C. 1232g.

    5. asserted justifications for nondisclosure do not support
    withholding all information regarding its investigations.

    6. For purposes of this partial motion for summary judgment, Civil Beat
    requested disclosure of all responsive investigation records with the identities of
    investigated employees, any witnesses, and any students redacted.

    7. Redacting the names, addresses, telephone numbers, dates of birth,
    employee identification numbers, social security numbers, and other specific personally
    identifying information for investigated employees, any witnesses, and any students in
    the records will protect the privacy and other interests asserted by DOE.

    8. The UIPA requires DOE to disclose the identity of any employees
    suspended or terminated by DOE, thirty days after the suspension or termination is
    final. HRS

    9. Therefore, on a rolling basis as available Within 90 days of the filing of this
    Order, DOE shall disclose to Civil Beat all requested records redacting only the
    personally identifying information of investigated employees, any Witnesses, and any
    students; provided that DOE will not redact the identity of investigated employees who
    received a ?nal suspension or termination before the filing of this Order.

    10. This Order is without prejudice to any further motion by Civil Beat after
    disclosure of the redacted records to seek the identity of redacted individuals.

    DATED: Honolulu, Hawai?i,





    Judge of the Above-Entitled Court

    APPROVED AS TO FORM:




    James E. Halvorson

    Department of the Attorney General
    Attorneys for Defendant
    Department of Education, State of Hawai?i