Court upholds ruling against Walker BOE

LaFAYETTE — The U.S. Eleventh Circuit Court of Appeals upheld a ruling against the Walker County Board of Education’s policy on allowing people to speak at their board of education meetings.

Jim Barrett sued after he stated his First Amendment right to free speech was violated when he was denied the opportunity to speak against changes in the system’s grading policy in 2015.

According to court documents:

During the period between May 2014 and January 2015, Barrett became a “vocal critic” of the new grading policy implemented by the Walker County superintendent without the school board having taken any official action.

Barrett, who in addition to his teaching position was president of the Walker County Association of Educators, requested to publicly express his opposition to the policy during the Feb. 17, 2015, board meeting.

In reply to his request, Barrett was informed it had been received too late for inclusion on the Feb. 17 agenda and that he could instead speak at the March 10, 2015, public planning session.

After consultation with Georgia Association of Educators legal staff, Barrett sued.

The case moved forward and U.S. District Court Judge Harold Murphy, in April 2016, granted an injunction against Raines’ and the school district policy. The school system appealed.

Michael McGonigle, legal services director for the GAE, said the school board policy was overly restrictive and left too much discretion as to when someone could bring an item before the board in the hands of the superintendent.