Return-Path: <nifl-povracelit@literacy.nifl.gov> Received: from literacy (localhost [127.0.0.1]) by literacy.nifl.gov (8.10.2/8.10.2) with SMTP id h662HSC27988; Sat, 5 Jul 2003 22:17:28 -0400 (EDT) Date: Sat, 5 Jul 2003 22:17:28 -0400 (EDT) Message-Id: <3F074E14.9210.3303D77@localhost> Errors-To: listowner@literacy.nifl.gov Reply-To: nifl-povracelit@literacy.nifl.gov Originator: nifl-povracelit@literacy.nifl.gov Sender: nifl-povracelit@literacy.nifl.gov Precedence: bulk From: kmccook@tampabay.rr.com To: Multiple recipients of list <nifl-povracelit@literacy.nifl.gov> Subject: [NIFL-POVRACELIT:1186] Head Start wins Law Suit X-Listprocessor-Version: 6.0c -- ListProcessor by Anastasios Kotsikonas Content-description: Mail message body Content-transfer-encoding: 7BIT Content-type: text/plain; charset=US-ASCII Status: O Content-Length: 5536 Lines: 136 http://www.saveheadstart.org/victory070303release.html ---------------- NHSA Declares Victory in 1st Amendment Lawsuit as HHS Retracts Threats Against 900,000 Head Start Teachers, Parents Thursday July 3, 1:36 pm ET WASHINGTON, July 3 /PRNewswire/ -- In a development that is very much in the spirit of the 4th of July holiday, the National Head Start Association (NHSA) announced today that it had prevailed in its effort to force the Bush Administration to end its attempt at chilling the First Amendment free-speech rights of 51,681 Head Start teachers and more than 870,000 parent volunteers. NHSA President Sarah Greene announced that the Bush Administration had capitulated in the lawsuit by withdrawing a May 8, 2003 HHS letter sent to Head Start programs across the U.S. In the widely criticized letter, HHS threatened Head Start teachers and parents with civil action or even jail time if they spoke out against the Bush plan to dismantle the program serving one million at-risk children across America. On July 2nd, the Bush Administration indicated that it would withdraw the letter and replace it with one making it clear that there is no basis for such a threat to be hanging over the heads of Head Start teachers and parent/volunteers. HHS was asked last week by a federal court judge to either write a letter that would address NHSA's objections or face a bench ruling. Commenting on the Association's success in the lawsuit, NHSA President Sarah Greene said: "This is a great way for Head Start teachers and parents to be able to celebrate their 1st Amendment rights on a day -- July 4th -- that is all about free speech and other core rights that define what it is to be American. I am delighted that the Bush Administration recognized that its attempt to stifle free speech was unlawful and that it relented in its baseless attack on the 1st Amendment rights of over 900,000 Head Start teachers and parents." Greene said: "Emboldened by our success in this litigation, we look next for those who care about Head Start to prevail in Congress. There is a growing groundswell of support to save the 38-year-old program from those who would gut it and turn the money over to the cash-strapped states that may know a lot about how to cut spending for early childhood education, but very little about how to run such programs." Edward T. Waters, managing partner, Feldesman Tucker Leifer Fidell LLP and outside counsel for NHSA, said: "The legal problems with the Bush Administration letter were both obvious and severe. The letter clearly exceeded the boundaries of any conceivably applicable statute or regulation as to the actions it prevents and the sanctions it threatens. In so doing, it unlawfully chilled the free expression of political speech by grantees, parents and staff with their own money or on their own time ... HHS had no option but to relent here and take back its threat." BACKGROUND On May 28, 2003, NHSA revealed an unprecedented attempt by the Bush Administration to stifle the free speech rights of Head Start staff and volunteer/parents. On May 8, 2003, Windy Hill, associate commissioner, Head Start Bureau, U.S. Department of Health and Human Services, sent a letter to local Head Start programs in the U.S. that asserted a new and broad interpretation of the Head Start Act to threaten local Head Start programs with legal action if they spoke out in any way against White House and House GOP proposals to dismantle the program serving one million at-risk American children. On May 27th, NHSA formally objected to the letter and indicated that, if it was not overturned, a lawsuit would be filed to challenge it. To date, the Association's grave First Amendment free- speech concerns have not been addressed publicly or privately by the Bush Administration. To read the original NHSA statement on the Bush Administration's attack on the First Amendment rights of Head Start teachers and parent/volunteers, go to http://www.saveheadstart.org/052003release.html. That page includes the text of the original Windy Hill letter and the NHSA letter submitted in response to Hill. On June 11th, NHSA took HHS to court to stop the campaign of intimidation. The Association's lawsuit contained the following passage: "Such a threat necessarily has a chilling impact on the non- profit Head Start community. Funds or resources of non-profit grantees not already committed to Head Start or other similar efforts are sparse to non-existent. Many cannot even afford to hire counsel to advise them on the Hill letter, much less to defend them should any sanctions be brought by HHS. Because of this ... the Hill letter has made parents and staff of non-profit Head Start grantees afraid to communicate their opinions concerning the proposed legislation, to Congress or elsewhere." ABOUT NHSA The National Head Start Association is a private not-for-profit membership organization dedicated exclusively to meeting the needs of Head Start children and their families. The Association provides support for the entire Head Start family by advocating for policies that provide high-quality services to children and their families; by providing extensive training and professional development services to all Head Start staff; and by developing and disseminating research, information, and resources that impact Head Start program delivery. NHSA provides a national forum for the continued delivery and enhancement of Head Start services for at- risk children and their families.
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