Asociación De Educación v. García-Padilla

• Decision Date: 11 April 2007
• Docket Number: No. 06-1146.,06-1146.
• Citation: 490 F.3d 1
• Parties: ASOCIACIÓN DE EDUCACIÓN PRIVADA DE PUERTO RICO, INC.; Puerto Rico Innovatives Education Services, Inc., d/b/a Colegio Tomás Alva Edison; Corporación Educativa Ramón Barquin, d/b/a American Military Academy; Academia Inmaculada Concepción-Mayagüez; Southwestern Educational Society, Inc.; Guamaní School, Inc.; Colegio Adianez, Inc.; Antilles Military Academy, Inc.; Fundación Educativa Concepción Martín, Inc., d/b/a Sonifel; Saint Francis School, Inc.; American School, Inc., Plaintiffs, Appellees, Academia Discípulos de Cristo; Academia Bautista de Puerto Nuevo; Colegio Rosabel; Episcopal Cathedral School; Colegio de la Vega; Colegio Titi Fe; Escuela Prescolar Elemental E Intermedia Daskalas; Caguas Military Academy; Colegio Radians; Frederick Frobel Bilingual School; Colegio Kiany; Fajardo Academy, Plaintiffs, Appellants, v. Alejandro GARCÍA-PADILLA, Secretary of the Department of Consumer Affairs of the Commonwealth of Puerto Rico, Defendant, Appellant.
• Court: U.S. Court of Appeals — First Circuit

490 F.3d 1

ASOCIACIÓN DE EDUCACIÓN PRIVADA DE PUERTO RICO, INC.; Puerto Rico Innovatives Education Services, Inc., d/b/a Colegio Tomás Alva Edison; Corporación Educativa Ramón Barquin, d/b/a American Military Academy; Academia Inmaculada Concepción-Mayagüez; Southwestern Educational Society, Inc.; Guamaní School, Inc.; Colegio Adianez, Inc.; Antilles Military Academy, Inc.; Fundación Educativa Concepción Martín, Inc., d/b/a Sonifel; Saint Francis School, Inc.; American School, Inc., Plaintiffs, Appellees Academia Discípulos de Cristo; Academia Bautista de Puerto Nuevo; Colegio Rosabel; Episcopal Cathedral School; Colegio de la Vega; Colegio Titi Fe; Escuela Prescolar Elemental E Intermedia Daskalas; Caguas Military Academy; Colegio Radians; Frederick Frobel Bilingual School; Colegio Kiany; Fajardo Academy, Plaintiffs, Appellants, v. Alejandro GARCÍA-PADILLA, Secretary of the Department of Consumer Affairs of the Commonwealth of Puerto Rico, Defendant, Appellant.

No. 06-1146.

United States Court of Appeals, First Circuit.

Heard October 31, 2006.

Decided April 11, 2007.

Salvador J. Antonetti-Stutts, Solicitor General, with whom Mariana D. Negrón-Vargas, Deputy Solicitor General, and Irene S. Soroeta-Kodesh, Assistant Solicitor General, were on brief, for appellant.

Antonio J. Amadeo-Murga, for appellees.

Alexander E. Dreier, with whom H. Christopher Bartolomucci, Sarah M. Berger, Hogan & Hartson L.L.P., Debra P. Wilson, Legal Counsel, National Association of Independent Schools, on brief, as amici curiae for the National Association of Independent Schools and the Council for American Private Education.

Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

TORRUELLA, Circuit Judge.

This appeal is the second trip to this Court for the parties to this litigation. The parties' dispute began when Asociación de Educación Privada de Puerto Rico, Inc., a nonprofit private association representing the interests of private primary, secondary, and post-secondary member schools in Puerto Rico, together with certain individual schools (together, the "private schools"), filed a complaint against the Secretary of the Department of Consumer Affairs of Puerto Rico ("DACO"). The complaint alleged that DACO's Rule 11 of Regulation 6458, entitled "Regulation for the Disclosure of Information on the Sale and Distribution of Textbooks" ("Reglamento para la Divulgación de Información en la Venta y Distribución de Libros de Texto"), violates the private schools' First Amendment rights to free speech and academic freedom. The private schools sought a declaration to that effect and injunctive relief. The district court dismissed the private schools' complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief could be granted. We reversed that dismissal and remanded the case, explaining that the district court had insufficient facts about Regulation 6458's implementation and the resulting burdens and benefits to decide that the private schools had stated no legally sufficient claims.

On remand, the district court entered an initial scheduling order asking the parties to submit pretrial briefs addressing which First Amendment rights are implicated by Rule 11 of Regulation 6458, the nature and weight of the burdens imposed on the private schools, and the strength of the government's justifications for imposing the burdens. The private schools subsequently amended their complaint to add a cause of action alleging that the Commonwealth of Puerto Rico's Law 116 of May 18, 2004 ("Law 116"), entitled "Law for the Acquisition of School Textbooks" ("Ley para la Compra de Libros de Textos Escolares"), also violated the private schools' rights to academic freedom and free speech. The private schools again sought a declaratory judgment and injunctive relief, as well as costs and attorneys' fees.

After a one-day trial, the district court found that Rule 11 of Regulation 6458 and Law 116 violated the private schools' rights under the First Amendment, holding that neither provision was narrowly tailored to further Puerto Rico's legitimate state interests. The Secretary of DACO appealed that ruling. After careful consideration, we affirm the district court's judgment as to Law 116, reverse its decision as to Rule 11, and remand with instructions to modify the permanent injunction to enjoin only that portion of Rule 11 that violates the private schools' right to academic freedom.

I. Background

Even though Puerto Rico law makes Puerto Rico's Secretary of Education responsible for "establish[ing] the standards and the requirements that shall be met by the educational institutions that request a license,"¹ P.R. Laws Ann. tit. 18, § 2113, DACO's Secretary has also asserted authority over the regulation of private schools. On May 1, 2002, DACO promulgated Regulation 6458 with the stated purpose of "protecting Puerto Rican famil[ies] and parents, and/or tutors who register their minor children and/or wards in the private schools of Puerto Rico." Reg. 6458, R.2. Regulation 6458 was also expressly intended "to define the obligations and responsibilities of schools, bookstores, distributors, and publishing houses in relation to the corresponding processes pertaining to the sale of textbooks." Id.

Regulation 6458 imposes several obligations on the private schools. Rule 8 of the regulation directs schools to post on school grounds, by May 15 of the every year, a list of books to be used the following school year. Id. at R.8(A), (B). Under this rule, private schools must also provide DACO and the parents with the list of books, which must include "a briefing on the book, its title, author, publishing house, edition, and publishing year." Id. at R.8(C), (D). Rule 9 instructs private schools to disclose to DACO and parents final textbook prices and any agreement the schools have reached with a book seller. Id. at R.9(A). The schools must disclose on the same notice that "said agreement or contract will in no way infringe on the parents' right to buy the books in other bookstores, and/or via other distributors or publishing houses." Id. at R.9(B). Moreover, "[t]he school must place the booklist, including a full review, the title of the book, author, publishing house, edition, publication year, and the final sale price in a highly-conspicuous bulletin board." Id. at R.9(D). Rule 10 requires private schools to inform parents of price changes. Id. at R.10. Rule 11, the specific provision challenged by the private schools, provides:

In the case which [sic] there are changes in the edition, the school will inform [sic] in the book list which of these books have different editions, what the change specifically consists of, and whether it is a significant change or not, as defined by these regulations. In case that the changes are not significant, the school has to inform the parents on said list, that they have the option of buying the previous edition.

Id. at R.11. Rule 12 requires schools to disclose to parents the existence and applicability of Regulation 6458. Id. at R.12. Schools must post a notice, in a sign not smaller than eight and a half inches by eleven inches, with a letter size not smaller than twenty-two points, not more than five feet away from a place to which parents can have visual access, and between five and six feet from the ground, containing the following language:

This school has the obligation to inform parents the pertinent process for book sale and distribution in accordance with the Regulations for the Release of Information About the Sale and Distribution of Textbooks of DACO. A copy of these regulations is available in our library. Not complying with the rules set forth in said regulations could lead to the levying of administrative fines in accordance with the DACO Organic Law.

Id. Failure to comply with Regulation 6458 may result in the imposition of fines of up to $10,000.² Id. at R.18.

On May 18, 2004, Law 116 was enacted with the stated purpose of "providing that all private schools authorized to operate in the Commonwealth of Puerto Rico must count with the consent of the Association, Council of Teachers and Parents to determine the maximum budget applicable to each grade for the acquisition of textbooks required in each school year." Law 116, preamble. Law 116 establishes that

[e]very private school accredited by the General Council of Education that requires the acquisition of school textbooks to their students shall have the consent of [an association or council of parents and teachers of children in that private school] to determine the maximum budget applicable for each school grade for the acquisition of said books required in each school year.

Law 116, Art. 3.

Both Law 116 and Regulation 6458 define the relevant books broadly. Under Law 116, "school textbook" means "every text, dictionary, reference textbooks [sic], handbook, pamphlet, or material for study required or suggested by any private school for use of the academic or curricular program." Id. at Art. 2(c). Regulation 6458 defines "book" to mean "all textbooks, dictionaries, reference books, handbooks, pamphlets, or study materials required or suggested by a school for the use of their academic programs and/or curricula." Reg. 6458 at R.4(H).

On remand, the district court made the following findings of fact regarding the implementation of Regulation 6458 and Law 116.

Textbooks are pedagogical tools used on a daily basis to teach substantive information.³ They are also used by teachers and school administrators to develop curricula and lesson plans. Textbooks are widely used in private primary and secondary schools in Puerto Rico.

Private schools choose textbooks that are consistent with their particular academic and educational vision, mission, philosophy, curriculum, and methodology, all of which vary significantly among Puerto Rican private schools. In...