In the wake of Charlie Kirk’s assassination, Rhode Islanders were understandably alarmed when a local social studies teacher posted a disturbing video mocking the conservative activist’s death. But when one mom requested records to find out what students were being taught in his classroom, Barrington Public Schools leaders provided a cost estimate so astronomical—$117,000—that they essentially assured the materials would remain hidden from public view.
Barrington High School social studies teacher Benjamin Fillo’s curriculum materials are public records and Rhode Islanders have a right to see them. So, last week James McGlone, a lawyer with the Goldwater Institute’s pro-bono American Freedom Network, sent a letter to the district demanding that it either drastically revise its inflated cost estimate or produce the records in full at no charge.
“It should never cost $117,000 to see the curriculum materials of a single social studies teacher in a public school because those materials are already paid for by the taxpayer,” said Nicole Solas, the Rhode Island mom who requested the records. “Barrington Public School District’s exorbitant fee weaponizes Rhode Island’s Access to Public Records Act to block access to public information about what students are being taught instead of simply handing over the materials free of charge.”
The saga over the records began when Nicole came across videos by Fillo—recorded shortly after Charlie Kirk’s killing—in which he called Kirk a “piece of garbage” and added “this is what happens…bye, Charlie.” In another video, he callously declared that “Charlie Kirk is not in heaven right now.”
Concerned that a public school teacher—who also happened to be co-president of the local National Education Association chapter—would publicly mock the death of someone with different political beliefs, Nicole sought to learn more about what was being taught in his classroom. She submitted a public records request to Barrington Public Schools asking for Fillo’s curriculum materials and any email correspondence from his work account over the last year containing the word “Trump.”
These are straightforward records that should be easy to produce, but rather than being transparent with the public, the district is hiding this information behind a prohibitive fee estimate. Last month, Barrington Public Schools claimed that producing Fillo’s classroom materials would require retrieving information from 157 courses taught over 15 years, spread across three different learning management systems—a task they said would add up to an astounding 7,735.5 hours of labor. Not only that, the search for “Trump” in Fillo’s emails from a single year yielded 789 results.
Their total cost estimate to provide the records—$117,130.50.
As AFN attorney James McGlone’s letter to the district notes, since Fillo’s comments became public, he has been placed on administrative leave, the NEA removed him from his leadership position, and the Barrington School Committee retained counsel to investigate the matter. Students even came forward with evidence of political bias in his classroom. Clearly, there is a strong public interest in reviewing what he was teaching. The district made no claim that any of these records were exempt from disclosure—it is simply hiding information behind an unreasonable price tag.
Goldwater’s landmark Academic Transparency Act requires public schools to post their learning materials online. But in Rhode Island and other states without such laws, concerned citizens like Nicole often face excessive costs and bureaucratic roadblocks when trying to access basic information about their children’s education.
Parents should never be priced out of knowing what’s happening in their children’s classrooms. And Goldwater’s American Freedom Network of pro bono attorneys stands ready to help parents in every state access the information to which they’re entitled.
The Goldwater Institute is the nation’s preeminent liberty organization scoring real wins for freedom from coast to coast. We’re committed to empowering all Americans to live freer, happier lives, and we accomplish tangible results for liberty by working in state courts, legislatures, and communities nationwide to advance, defend, and strengthen the freedom guaranteed by the constitutions of the United States and the 50 states.
Kamron Kompani is the Legal Programs Manager at the Goldwater Institute.
