A federal lawsuit, filed Aug. 1, alleges that USD 497’s usage of Gaggle, an online monitoring software, subjected “all students to round the clock digital surveillance” and “suspicionless searches and seizures of student expression on a scale and scope that no court has ever upheld.”
The complaint was filed by seven former and two current students. It alleges that the district’s usage of Gaggle is in violation of the first, fourth and 14th amendments.
The plaintiffs are seeking financial compensation in an amount that is to be determined at trial. They are also seeking punitive damages, to “punish” the district for “reckless and callous” behavior and to “deter similar violations in the future.” In addition, the plaintiffs seek attorney’s fees to cover the costs of their lawyers and other legal related expenses.
Furthermore, the plaintiffs seek declaratory judgment, or a determination of whether this was a constitutional violation, as well as injunctive relief, which would force the district to stop using Gaggle. Only two plaintiffs, referred to by initials P.M. and A.T., are seeking injunctive relief, as they are the only two current students at the district.
The district first implemented Gaggle in Nov. 2023 with a contract set to end in July 2026. The program cost them a total of $162,285.75.
Gaggle works by searching through USD497’s district owned Google accounts for an indefinite list of key words. When a key word is detected, the file is sent to a Gaggle contractor to review. If deemed a reasonable concern, the file is then sent to administration to review and determine the response.
According to the complaint, Gaggle has impeded the reporting of student reporters for Lawrence High School’s newsmagazine, The Budget. Allegedly, student journalists were “unable to publish at least four editions of The Budget due to Gaggle’s interference.”
Leading up to the filing of the lawsuit, The Budget advisor Barbara Tholen reached out to LHS administrators on behalf of her students to attempt to get Gaggle policies lessened. District representatives agreed to remove Gaggle from student journalists’ school computers; however, this measure was allegedly never followed through.
Plaintiff and former Editor-in-Chief of The Budget Zana Kennedy said that she first had trouble with Gaggle after filing a request for the records of items Gaggle flagged and the reason for their flagging. The emails from USD497 Executive Director of Communications, Julie Boyle, containing the records were intercepted by Gaggle due to containing the trigger words.
The complaint also alleged that photos had been deleted from two plaintiffs, Opal Morris and Henry Farthing’s Google drives. Allegedly, LHS Assistant Principal Greg Farley then accused them of “possessing child pornography,” and they were forced to describe the photos to Farley who could not see them because they had been deleted by Gaggle due to being flagged.
Plaintiff PM, the only student at Free State involved in the Gaggle lawsuit, said that it was important to understand that Gaggle was not only impacting or scanning LHS students.
“It’s not just based at LHS,” PM said. “I’m a Free State representative and … I think everybody should care. This is about freedom of speech. This is about the freedom of individuals.”
PM said that although Gaggle hadn’t caused deletions of her work to the scale of the other plaintiffs, she is still listed on the lawsuit due to the constant digital monitoring she is undergoing.
“Nothing directly has happened with me and Gaggle,” PM said. “I’m sure I’ve been flagged for stories, but I have yet to be pulled aside by somebody saying, ‘what is this that you’re writing’, or ‘what is this that’s on your computer.’”
According to the School Board Meeting Report published on Aug. 28, 2023, after the purchase of Gaggle, monitoring students’ mental health and safety is important to give parents and staff peace of mind.
Principal Amy McAnarney, Superintendent Jeanice Swift, and School Board President Ronald Gordon-Ross declined to comment on the issue. However, in a statement from former superintendent Dr. Anthony Lewis, the district emphasized their intent to address the concerns about Gaggle.
“It is essential that I emphasize that our utmost priority is ensuring the safety and well-being of all our scholars,” Lewis said. “Any solution reached through this collaborative process must not compromise student safety. The information we have gleaned through the use of Gaggle has helped our staff intervene and save lives.”
