As indicated in School Law Bullet 150 this past week, on February 18, the Commonwealth Court determined that the Right to Know Law is so procedurally flawed that it violates the rights of individuals to participate when a record containing their home address is requested. The Court directed school districts to notify individuals when such records are requested to enable them to present reasons why their addresses should not be disclosed.
The issuance of the Commonwealth Court decision lifted the injunction against disclosure of employee home addresses that had previously been imposed. In the week since the order was issued, a request was sent for the names and home addresses of all school district employees to every school district in the Commonwealth. We have been in touch with several districts to guide their initial response.
On February 20, PSEA and 14 individuals filed a Notice of Appeal to the Supreme Court of Pennsylvania. They also asked the Commonwealth Court to issue a supersedeas (a stay of the February 18 order while the Supreme Court appeals is decided), and to restore the injunction pending a decision on the request for supersedeas.
The Commonwealth Court has reinstated the injunction. Until a further order is entered by a court of competent jurisdiction, school districts, therefore, should not disclose employee home addresses. The pending requests for home addresses should be denied on the basis of the injunction.
School Law Bullets are a publication of the KingSpry Education Law Practice Group. John E. Freund, III, is our editor. The article is meant to be informational and does not constitute legal advice.
