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MARION YOUNG v. ARMSTRONG SCHOOL DISTRICT (09/09/75)

decided: September 9, 1975.

MARION YOUNG
v.
ARMSTRONG SCHOOL DISTRICT, RICHARD STOTTLEMYER, SUPERINTENDENT, APPELLANT



Appeal from the Order of the Court of Common Pleas of Armstrong County in case of Marion Young v. Armstrong School District, Richard Stottlemyer, Superintendent, No. 320 September Term, 1974.

COUNSEL

John T. Tierney, III, with him Robert E. Pryde, for appellant.

George R. Kepple, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Blatt.

Author: Blatt

[ 21 Pa. Commw. Page 204]

In this action we are asked whether or not a list of names and addresses of kindergarten children in the

[ 21 Pa. Commw. Page 205]

Armstrong School District are public records and subject to disclosure under the "Right to Know Act," Act of June 21, 1957, P.L. 390, as amended, 65 P.S. § 66.1 et seq. The court below found that they were subject to disclosure and we affirm.

The background can be summarized as follows. The Armstrong School District has heretofore operated the kindergarten program with pupils attending school for one-half of each regular school day. Roughly, half of the kindergarten student body attended morning sessions and half the afternoon sessions. In preparing its budget for the 1974-75 school year, the Armstrong School District so arranged its proposed spending as to elimiate split-day kindergarten sessions and to substitute therefor a plan whereby kindergarten pupils would attend full-day sessions when in school. This would mean that such pupils would go to school only on certain days or in certain weeks or in certain months but would attend full-day sessions at those times.

This proposed change in the traditional kindergarten program has aroused the concern of some citizens including Marion Young, the complainant. These citizens and particularly the complainant have expressed their concern to the Superintendent of the Armstrong School District and to members of the School Board. In addition, the complainant has asked the Superintendent and/or the School Board to provide her with a list of the kindergarten pupils enrolled for the next school term which commenced in August or September of 1974. She stated her purpose in obtaining such a list would be to contact and mobilize the parents of kindergarten enrollees in opposition to this proposed change in kindergarten operations. The Superintendent and/or School Board, however, have refused to supply the list or to make it available for copying.

Is the list of kindergarten pupils enrolled in the Armstrong School District a "public record" as defined in

[ 21 Pa. Commw. Page 206]

    the "Right to Know Act" or is it protected from disclosure as an ...


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