Docket Sheet

Jim Juric v. West Chester Area School District and Direct Interest Participants

OOR Dkt. No.: AP 2022-2875
Case Status: Partially Granted/Partially Denied

03/17/2023

01/12/2023

Isenberg, Kelly

Chester

Request sought records related to a school district Social Emotional Learning Audit. Agency proved that certain records do not exist. Agency did not prove that all records are confidential and proprietary, but one record is. Agency proved that some information in the survey responses are protected by the constitutional right to privacy. Agency did not prove that the records contained exempt employment information. Personal IP addresses are not records of the agency. Personal notes may be redacted from the records. Certain records may only be accessed by inspection subject the Federal Copyright Act. Granted in part, denied in part.

Clause Exemption Result
708 (b) (11) A record that constitutes or reveals a trade secret or confidential proprietary information. Partially Granted
708 (b) (12) Notes and working papers prepared by or for a public official or agency employee used solely for that official's or employee's own personal use, including telephone message slips, routing slips and other materials that do not have an official purpose. Denied
708 (b) (7) The following records relating to an agency employee: (i) A letter of reference or recommendation pertaining to the character or qualifications of an identifiable individual, unless it was prepared in relation to the appointment of an individual to fill a Granted
Agency Invoked an Extension The agency invoked a 30 day extension to respond to the request.
Constitutional Right to Privacy Constitutional Right to Privacy, Pa. Const. Art. I, ยง 1. "All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness." Partially Granted
Records Do Not Exist Records Do Not Exist Denied
Statute/Law Refer to other superseding law/statute
Docket Entries
Filed Description Step Court Document
03/17/2023 OOR Final Determination Final Determination
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