By Beth Ann Rosica
In Pennsylvania, we are fortunate to have a robust RTK law and a process to appeal through the Office of Open Records (OOR) when we believe the agency did not fulfill the request adequately. Under the law, all agency records are presumed to be public and the burden is on the agency to prove the records are exempt from disclosure. This is significant because it means school districts have the burden to show why requested records are exempt from the law as opposed to parents having the burden to demonstrate why they are entitled to the records.
The RTK law was enacted to “empower citizens by affording them access to information concerning the activities of their government…[and to] prohibit secrets, scrutinize actions of public officials, and make officials accountable for their actions.”
But despite the law, many Pennsylvania public schools abuse their authority and hide information that should be disclosed to parents and citizens who seek it. Many districts use taxpayer dollars to fight parents, making the process as expensive and time-consuming as possible, so that many parents simply give up.
Why It Matters. The RTK law was designed to give citizens and parents the right to access public information, yet many school districts with their seemingly unlimited resources fight parents on very basic requests. The districts hope that parents will not spend their own money to hire an attorney to fight on their behalf. The average parent does not have the time, energy or resources to engage in a protracted legal battle with a school district.
And yet, school districts regularly complain about lack of funding for education initiatives. If they eliminated legal reviews on RTK requests, districts could have significant amounts of money every year that could be used to hire more teachers or reading specialists.
What are the districts hiding and why are they spending so much money to keep it that way?
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