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School Director’s First Amendment Rights Not Violated When Board and Superintendent Criticize his Offensive Social Media Posts

Detschelt v. Norwin School District 23-cv-1402 (W.D. Pa. Dec. 20, 2024). The District Court for the Western District of Pennsylvania dismisses complaint filed by school director which alleged that statement issued by the...more

OOR (Office of Open Records) Holds that “Frank Curry” FOIA Buddy Requests Can Be Denied for Being Anonymous

In Frank Curry and FOIABuddy v. South Western School District, AP 2024-1311, a school district (“District”) received a request for records related to IT operations, contracts, staff, and IT budget from Frank Curry and...more

Commonwealth Court Establishes New Test to Determine if Social Media Posts Are Subject to a Rtkl Request

Penncrest School District. v. Cagle, 293 A.3d 783 (Pa. Cmwlth. 2023). The Commonwealth Court of Pennsylvania establishes a three-part test that must be used to determine if an individual’s social media post is a record of an...more

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

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

What Every School Board Member Should Know Before Using Social Media

As an elected school board member, you are looked to as a community leader and are expected to take a leadership role in representing your school district’s interests. In fulfilling this role, many school board members...more

OOR Confirms that Records Created or Obtained through the Safe2Say Something Program are Not Public Records

In Maciejewski v. Southern Columbia Area School District, AP 2019-1094 (Sept 16, 2019), the Request sought all emails between 10 District email addresses over a 14-day time frame.  The District argued that certain responsive...more

Agencies Can Refer Requesters to their Websites When Responding to Requests (Section 704(b))

In a previous post, we discussed how the OOR in Stooky v. Unionville-Chadds School District, AP 2019-0484 (April 18, 2019) determined that a Requester could seek records under the RTKL even though she already possessed the...more

School Code Update: School Boards Must Prohibit Lunch Shaming

On Sunday, November 5, 2017, Governor Wolf allowed HB 178, the omnibus School Code bill, to become law without his signature. The bill, now Act 55 of 2017, among other things, amends Section 1337 of the School Code to...more

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