EASTON AREA SCHOOL DIST. v. MILLER

No. 13 MAP 2019.

232 A.3d 716 (2020)

EASTON AREA SCHOOL DISTRICT, Appellant v. Rudy MILLER and the Express Times, Appellees.

Supreme Court of Pennsylvania.

Decided: June 18, 2020.


Attorney(s) appearing for the Case

Katherine Marie Voye, Esq. , Lynne Lepore Wilson, Esq. , for Amicus Curiae.

John Edward Freund III, Esq. , Rebecca A. Young, Esq. , King, Spry, Herman, Freund & Faul, L.L.C., Esq., for Appellant.

Douglas J. Smillie, Esq. , Fitzpatrick Lentz & Bubba, P.C., for Appellee.

Justice Dougherty delivers the Opinion of the Court with respect to Parts I, II, and III(A)(2), and announces the judgment of the Court. The opinion is joined in full by Justices Todd and Donohue. Justices Baer and Wecht join Part III(A)(2), and join the mandate to the extent it requires disclosure of the subject video, albeit they would favor disclosure in an unredacted form. Chief Justice Saylor and Justice Mundy join Part III(B) to the extent it determines the subject video was an education record. Chief Justice Saylor and Justice Mundy join the mandate to the extent it precludes disclosure of information that could reveal the identities of the students in the video.


OPINION

JUSTICE DOUGHERTY

We granted discretionary review to consider whether the Commonwealth Court erred in determining a school bus surveillance video sought in a request for public records pursuant to the Right-to-Know Law (RTKL), 65 P.S. §§ 67.101-67.3104,1 is not exempt from disclosure under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g. Although...

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