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

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

Legal Issues Involving Transgender Students

In recent years, the legal rights of transgender students have been litigated in courts around the country. While court decisions have provided some guidance for school districts, many questions remain. This article addresses...more

Federal Court Holds that School District’s Denial of Student’s Request to Attend School with a Dog Violated the Rehabilitation Act...

C.G. by and through P.G. v. Saucon Valley Sch. Dist., 5:21-CV-03956, 2021 WL 5399920, at *1 (E.D. Pa. Nov. 18, 2021). The District Court for the Eastern District of Pennsylvania grants student’s request for preliminary...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

The Authority to Punish Lewd Speech is Limited Once a Student Exits School Grounds

Mahanoy Area Sch. Dist. v. B. L. by and through Levy, 141 S. Ct. 2038 (2021). The United States Supreme Court holds that while schools can sometimes regulate student speech that takes place off-campus, the school district...more

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

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

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

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

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

CDC Provides Interim Guidance on the Coronavirus for School Districts

Coronavirus Disease 2019 (“COVID-19”) is a respiratory illness caused by a novel (new) virus, and we are learning more about it every day. There is currently no vaccine to protect against COVID-19. At this point, the best way...more

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

School Districts Can Require Criminal Background Checks For Individuals Working On School Property Even If They Do Not Have Any...

United Union of Roofers, Waterproofers and Allied Workers, Local Union No. 37 v. North Allegheny School District, et al., 49 C.D. 2018, 2019 WL 5556265 (Pa. Cmwlth. Oct. 29, 2019).  Commonwealth Court confirms that school...more

Court of Common Pleas Denies Challenge To School District’s Policy of Providing Charter School Students With Bus Passes

Bell et al. v. Wilkinsburg School District, GD No. 18-012950 (Allegheny Cty. June 27, 2019). The Court of Common Pleas of Allegheny County ruled that a school district’s provision of public transit bus passes to elementary...more

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

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

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

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

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

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

School Surveillance Videos are Not Educational Records under FERPA

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

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

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

Student Assaulted By Classmate Cannot Sue School District for Violation Of Constitutional Rights

D.M. by Sottosanti-Mack v. Easton Area Sch. Dist., CV 17-1553, 2017 WL 6557560 (E.D. Pa. Dec. 22, 2017). District Court for the Eastern District of Pennsylvania dismisses § 1983 claim that school district violated student’s...more

The Ability of a School To Punish Lewd Or Profane Speech Disappears Once A Student Exits School Grounds

B.L. by Levy v. Mahanoy Area School District (“Levy”), Case No. 3:17-CV-1734, 2017 WL 4418290 (M.D. Pa. Oct. 5, 2017). District Court for the Middle District of Pennsylvania grants cheerleader’s Motion for Preliminary...more

Commonwealth Court Holds That Addresses Contained In Property Tax Assessment Records Are Public Records

Butler Area School District v. Pennsylvanians for Union Reform, 1460 C.D. 2014, 2017 WL 4974552, at *1 (Pa. Cmmw. Nov. 2, 2017). The Commonwealth Court of Pennsylvania holds that addresses contained in property tax assessment...more

Selective property tax appeals based on property type or residency status of the owner violates the Pennsylvania Constitution’s...

The Pennsylvania Supreme Court recently reversed the Commonwealth Court and held that the Uniformity Clause of the Pennsylvania Constitution does not permit school districts to selectively appeal only the assessments of...more

Latest Legal Developments On Student Searches

Highhouse v. Wayne Highlands School District, — F.Supp.3d — 2016 WL 4679012 (M.D. Pa. Sept. 7, 2016): claims relating to unlawful strip search of student accused of stealing money against individual employees and a school...more

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