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WHAT’S THE STATUS OF THE LEGAL BATTLE?
CRC won a historic victory in 2005 when a federal judge stayed Montgomery County’s revised sex-ed curriculum from being piloted. The county, recognizing they were likely to lose a legal battle in federal court due to the clear First Amendment violations of the 2004 curriculum, scrapped the curriculum and disbanded the citizen’s advisory committee. CRC settled their case with the county – the curriculum that parents had been fighting to overturn had been discarded. What was left to fight about?
The county unfortunately responded with a new 2007 curriculum which is in many ways more egregious than their first clearly unconstitutional attempt. In February, CRC appealed the curriculum to the MD State Board of Education, on several clear violations of MD state law (which indicate that school curriculum must be factually correct). The State Board of Education failed to override the county curriculum. Accordingly, CRC appealed the curriculum to the County Courts and requested a stay.
In rejecting CRC’s request for a stay in implementing the new sex ed curriculum, the judge exercised judicial discretion and provided no explanation for denying the request. CRC’s appeal in the Circuit Court is pending. Details below.
2007 Appeal of Maryland State Board of Education Decision in MONTGOMERY COUNTY CIRCUIT COURT
2007 CIRCUIT COURT Appeal of Decision of the Maryland State Board of Education, July 26, 2007-CRC et al file APPEAL
CRC's opening memorandum - Oct 26, 2007
MCPS' memorandum - due November 26, 2007; filed Nov. 27; others filed Nov. 28
CRC's reply memorandum - December 27, 2007
Hearing on appeal - January 16, 2008, 9:00a.m.
2007 REQUEST FOR STAY OF CURRICULUM IN MONTGOMERY COUNTY CIRCUIT COURT
October 9, 2007- Circuit Court Rejects Stay
CRC files response to MCPS response in Circuit Court, September 27, 2007
MCPS responds to Stay Request, September 24, 2007
CRC, PFOX, and FLN filed a Motion for a Stay of the implementation of the two Grade 8 and two Grade 10 sexual variation lessons along with the Grade 10 lesson on condom use in the Circuit Court for Montgomery County, Maryland. September 4, 2007
2007 APPEAL OF MCPS COUNTY LESSONS TO STATE BOARD OF EDUCATION
July 3, 2007 - State BOE Opinion rejecting CRC/PFOX/FLN's appeal
Stay Request filed with MD State BOE subsequent to Montgomery County BOE approval of contested curriculum. CRC files appeal with Maryland State Board of Education: stay request; stay request memo; and Press Release. June 20, 2007
"State Grants Trial on County Sex-Ed Curriculum, Refuses Stay on Pilot Program" Ruling, Press Release
Appeal Filed with MD State Board of Education to stay 2007 curriculum CRC files appeal with Maryland State Board of (text of appeal) and Press Release, February 7, 2007
2005 LEGAL VICTORY
CRC wins 2005 Federal Court Case and Halts MPCS Illegal Sex-Ed Curriculum.
Judge Williams rules in favor of Citizens for a Responsible Curriculum and orders injunction halting the pilot testing of the past flawed 2004 curriculum (May 2005)
READ U.S. District Court for the District of Maryland Judge Alexander Williams Jr.'s HISTORIC DECISION
ALSO - HIGHLIGHTS from the COURT'S DECISION
EASY Download of all Legal Documents from the "most significant curriculum decision ever rendered."
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