Final Determination Record

Wing v. Pennsylvania Department of Education

OOR Dkt. No.: AP 2019-2293
Case Status: Pending in Commonwealth Court


Request for Pennsylvania Value Added Assessment System (PVAAS) scores for certain teachers. Agency did not prove that the data constitutes a performance rating or review. Agency did not prove that the data is protected by the constitutional right to privacy. Granted.

  • Section 708(b)(7) - Agency employee records
  • Section 708(b)(7)(ii) A performance rating or review
  • Section 708(b)(7)(iii) The result of a civil service or similar test administered by a Commonwealth agency, legislative agency or judicial agency. The result of a civil service or similar test administered by a local agency shall not be disclosed if restricted by a collective bargaining agreement. Only test scores of individuals who obtained a passing score on a test administered by a local agency may be disclosed.
  • Section 708(b)(7)(iv) The employment application of an individual who is not hired by the agency
  • Section 708(b)(7)(ix) An academic transcript
  • Section 708(b)(7)(v) Workplace support services program information
  • Section 708(b)(7)(vi) Written criticisms of an employee
  • Section 708(b)(7)(vii) Grievance material, including documents related to discrimination or sexual harassment
  • Section 708(b)(7)(viii) Information regarding discipline, demotion or discharge contained in a personnel file. This subparagraph shall not apply to the final action of an agency that results in demotion or discharge
  • Refer to other superseding law/statute
  • Mediation Requested
  • The requester granted the OOR a 30 day extension to issue a final determination in the appeal.
  • 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."

Filings Received by OOR
Filed Adjudicator Description or File Name Document
07/28/2020 Commonwealth Court Reproduced Record
07/28/2020 Commonwealth Court Brief
06/02/2020 Commonwealth Court OOR Certified Record
06/18/2020 Commonwealth Court Designation of Reproduced Record
05/14/2020 Commonwealth Court Court Notice of Filing
02/11/2020 Commonwealth Court Petition for Review
01/15/2020 2019-2293_Wing-PaDptEd_FD.pdf