Newport-Mesa Unified School District v. California Department of Education

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

On apparent first impression, and contrary to the body of law on competitive admission testing, the Court holds a state statute requiring copies of test protocols to be provided tb parents of special education students falls within acceptable “fair use” under federal copyright law, and the federal copyright law ■ does not preempt the state statute.

I. BACKGROUND

California Education Code section 56504 provides parents of special education students may have copies of their child’s test protocols. Defendant Jack Anthony’s son is a seven-year-old with special education needs who lives in Plaintiff Newport-Mesa Unified School District. Mr. Anthony requested copies of his son’s test protocols before a scheduled Individualized Education Program (“IEP”) meeting. The District declined to provide him with the copyrighted test protocol for the Woodcock-Johnson Test of Achievement III.

Mr. Anthony filed a complaint with Defendant California Departmént of Education, which found the District out of compliance with California Education Code section 56504 by failing to provide Mr. Anthony with records within five days of his request. The Department…