Penn State, Dept. of Education file lawsuit to block release of records
Penn State and the Pennsylvania Department of Education are asking Commonwealth Court to block the release of university records requested by Spotlight PA that were deemed public by the Office of Open Records.
The case tests the limits of the university’s exemption from the state’s open records law, which grants it large exceptions compared to public universities in other states.
The lawsuit combines separate cases involving Spotlight PA and the state departments of education and agriculture.
In May 2023, Spotlight PA requested records from the education and agriculture departments relating to the agencies’ respective secretaries and their roles on Penn State’s Board of Trustees. The newsroom requested materials provided to the secretaries for the August 2022 board retreat, as well as a screenshot of all files made available to the secretaries to fulfill their duties on the board.
Commonwealth Court ruled in 2013 that records provided to an agency secretary as part of that official’s role on the Penn State board are considered public records, even if the university is largely exempt from Pennsylvania’s open records law.
The education department denied Spotlight PA’s request on the basis that it did not possess or control the records, due to them being sent to Penn State trustees through a file-sharing service. The agriculture department denied the request on similar grounds.
Spotlight PA asked the Pennsylvania Office of Open Records to review the two denials, and the office ruled on the Department of Education case in September, finding that the records related to the Penn State board retreat should be made public. The office denied petitions by Penn State and the Department of Education to reconsider its decision.
The university and the education department then requested Commonwealth Court reverse the ruling.
In the case involving the Department of Agriculture, the open records office again ruled the documents related to Penn State’s board retreat should be made public. Penn State then asked Commonwealth Court to overturn the decision.
In November, Spotlight PA agreed to consolidate the two legal cases given their similarity. Penn State and the Department of Education have until Feb. 8 to submit their legal arguments. The Reporters Committee for Freedom of the Press is representing Spotlight PA in the matter.
A resolution in the court case could determine the outcome of three other cases filed by Spotlight PA that are on hold with the open records office. These requests could provide valuable insight into the university’s financial standing and the operations of its top officials. —Wyatt Massey, Spotlight PA State College | 
