State Denies Newspaper's School District-Related Right-to-Know Request

A request by the Express-Times for details of a legal settlement between the and the family of a former student was denied by the district, and that decision has been upheld by the state's Office of Open Records, the newspaper reported Feb. 13.

The settlement resulted from a case involving the parents of a former student, who sued the district in 2010, after their family moved to Arizona.

Julie Williams and Ian Duffy sued after their then 19-year-old, learning disabled daughter--who had already graduated from --was denied admission to a new district in Arizona, the newspaper said, explaining that "under federal law, (their daughter) is eligible for special-education support until (age) 21."

After a settlement was reached last year, the family and the school district's solicitor both declined to release details of it, with the solicitor citing student confidentiality and the family citing a nondisclosure agreement, according to the Express-Times article.

The Office of Open Records subsequently denied the newspaper's request for details of the settlement based upon its reasoning that providing them would publicly identify the student, who the Express-Times has named in previously published articles about the case.

The state agency's final determination is available online.

Attorney Melissa Melewsky, media counsel for the Pennsylvania Newspaper Association, criticized that determination in an interview with the Express-Times, saying that if it sets a precedent, it could have a chilling effect on media access to certain types of information.

The newspaper is considering whether or not to file an appeal of the Office of Open Records decision, according to the story.