Docket Sheet

Mark Seiberling and Kleinbard LLC v. Philadelphia School District

OOR Dkt. No.: AP 2025-2930
Case Status: Pending in Common Pleas

01/16/2026

12/02/2025

Hecker, Catherine

Philadelphia

The Requests seek communications or documents of the School District related to the decision to not renew a charter for a City charter school and amendments to the agenda of a school board public meeting agenda. The School District provided certain responsive records during the course of the appeal. The School District proved that a portion of the Request is insufficiently specific and that certain responsive records are exempt as noncriminal investigative records; internal, predecisional deliberations; and protected under the attorney client privilege or as attorney work product. The School District failed to prove that certain records are exempt records of discussions held in executive session. Granted in part, denied in part, and dismissed as moot in part.

Clause Exemption Result
708 (b) (10) (i) A record that reflects: (A) The internal, predecisional deliberations of an agency, its members, employees or officials or predecisional deliberations between agency members, employees or officials and members, employees or officials of another agency , including predecisional deliberations relating to a budget recommendation, legislative proposal, legislative amendment, contemplated or proposed policy or course of action or any research, memos or other documents used in the predecisional deliberations. (B) The strategy to be used to develop or achieve the successful adoption of a budget, legislative proposal or regulation. (ii) Subparagraph (i)(A) shall apply to agencies subject to 65 Pa.C.S. Ch. 7 (relating to open meetings) in a manner consistent with 65 Pa.C.S. Ch. 7. A record which is not otherwise exempt from access under this act and which is presented to a quorum for deliberation in accordance with 65 Pa.C.S. Ch. 7 shall be a public record. (iii) This paragraph shall not apply to a written or Internet application or other document that has been submitted to request Commonwealth funds. (iv) This paragraph shall not apply to the results of public opinion surveys, polls, focus groups, marketing research or similar effort designed to measure public opinion. Denied
708 (b) (17) A record of an agency relating to a noncriminal investigation Denied
708 (b) (21) (i) Draft minutes of any meeting of an agency until the next regularly scheduled meeting of the agency. (ii) Minutes of an executive session and any record of discussions held in executive session. Granted
Agency Invoked an Extension The agency invoked a 30 day extension to respond to the request.
Dismissed as moot Dismissed as moot Dismissed
Privileged Privileged Denied
Section 703 - Specificity Section 703 - Specificity Partially Granted
2025-2931 Mark Seiberling and Kleinbard LLC v. Philadelphia School District
Docket Entries
Filed Description Step Court Document
01/23/2026 Requester Notice of Appeal Court Filing Court of Common Pleas (26-01-03541)
01/16/2026 OOR Final Determination Final Determination
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