News & Analysis as of

Right To Know School Districts

Tucker Arensberg, P.C.

Office of Open Records Holds That Certain Records of a Booster Group Are Not Records of the School District

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Lowry v. Rose Tree Media School District, AP 2024-2478 (Dec. 5, 2024). The Office of Open Records holds that registration forms for a cross-country meet that was organized and run by a booster group on school district...more

Tucker Arensberg, P.C.

Communications Related to a School District’s Investigation Into Complaints About Library Books Are Not Public Records

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Foster v. Pennridge School District, AP 2023-0931 (July 5, 2023). The Office of Open Records determined that a school district properly redacted and withheld certain email chains discussing the school district’s investigation...more

Tucker Arensberg, P.C.

Commonwealth Court Holds that the Failure to Identify a Transaction or Activity of an Agency in a Request for Records Under the...

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Methacton Sch. Dist. v. Off. of Open Records of Cmmw., 250 C.D. 2021, 2021 WL 6122163, at *1 (Pa. Cmmw. Dec. 28, 2021). The Commonwealth Court of Pennsylvania holds that a request for the emails of four individuals over a...more

Tucker Arensberg, P.C.

School Districts Are Not Required To Identify Employees Who Are Subject To Discipline Unless And Until They Are Demoted Or...

Highlands School District v. Rittmeyer, — A.3d –, 2020 WL 7061810, 163 C.D. 2020 (Pa. Commw. Dec. 3, 2020). Commonwealth Court holds that school districts are not required to disclose the names of employees when issuing a...more

Tucker Arensberg, P.C.

Images of Students must be Removed from School Bus Surveillance Video when Responding to a Request for Records Under the...

Easton Area Sch. Dist. v. Miller, 232 A.3d 716 (Pa. 2020). Pennsylvania Supreme Court holds that images of students in a school bus surveillance video are “educational records” under FERPA and must be redacted before...more

Tucker Arensberg, P.C.

Education Law Report – Winter 2021

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School District Effort to Prohibit Students’ Political Attire Enjoined - Morgan v. Mifflin County School District, Case No. 1:2--CV-01930 (M.D. Pa. 2020). The United States District Court for the Middle District of...more

Tucker Arensberg, P.C.

Commonwealth Court holds that School Districts are not Required to Identify Employees who are Subject to Discipline Unless and...

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In Highlands School District v. Rittmeyer, - A.3d -, 2020 WL 7061810, 163 C.D. 2020 (Pa. Commw. Dec. 3, 2020), the Requester submitted two RTKL requests seeking information about employees who were placed on unpaid leave,...more

Tucker Arensberg, P.C.

OOR Updates RTKL Fee Schedule

Section 1307 of the Right-To-Know Law requires the Office of Open Records (“OOR”) to establish a fee schedule for Commonwealth agencies and local agencies like municipalities and school districts.  On December 22, 2020, the...more

Tucker Arensberg, P.C.

OOR Begrudgingly Recognizes the Broad Scope of Act 22

In Bradley v. Lehighton Area School District, AP 2019-2068 (Jan. 13, 2019), the OOR confirmed that the scope of videos covered by Act 22 (and, therefore, beyond the reach of the RTKL) is significantly broader than many...more

Fox Rothschild LLP

Video, Audio Recordings From PA School Districts That Employ School Police Officers Are Not Subject To The PA Right To Know Law

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Under Pennsylvania’s Act 22 of 2017, a public school entity will be considered a “law enforcement agency” if it employs a court-approved “school police officer.” That status under the Act removes the school entity from...more

Tucker Arensberg, P.C.

OOR Determines that Emails from Members of the Public to an Agency are Records “of” the Agency

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In Ruland v. Southern York County School District, AP 2019-0567 (Aug. 8, 2019), the OOR concluded that, in certain circumstances, emails from community members to an agency can be public records. In this case, the...more

Tucker Arensberg, P.C.

OOR Determines that a School Bus Surveillance Video is a Public Record (708(b)(17); FERPA)

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In Galvez v. West York Area School District, AP 2019-0267 (May 15, 2019), a reporter requested a portion of a school bus surveillance video depicting a student altercation.  The District denied the request, arguing that the...more

Tucker Arensberg, P.C.

Statements of Financial Interest Cannot be Redacted (Section 306; Ethics Act)

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In Guydish v. Crestwood School District, AP 2019-0643, the requester sought copies of the statements of financial interests filed by the school district’s current school board members pursuant to the Public Official and...more

Tucker Arensberg, P.C.

School Surveillance Videos are Not Educational Records under FERPA

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Commonwealth Court Holds That School Surveillance Videos Showing Interactions Between Adults And Students Are Not Education Records Under FERPA and Are Public Records Under The RTKL - Easton Area Sch. Dist. v. Miller, 191...more

Tucker Arensberg, P.C.

Requesters Can Submit RTKL Requests for Records that they Already Possess Because the Identity and Motivation of the Requester is...

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In the previous post we discussed how a “common sense” reason for denying a request (e.g., the requested records are subject to a pending RTKL appeal), was rejected by the OOR because that reason was not supported by the...more

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