Right to Know / Open Records

Pennsylvania's Right-to-Know Law (RTKL), enacted as Act 3 of 2008 and effective February 1, 2009, replaced the Commonwealth's earlier open records law and significantly expanded the public's right to access government records. It is codified at 65 P.S. §§ 67.101 et seq.

The purpose of the law is to ensure transparency and accountability in government by giving citizens, residents, and other requesters the right to inspect and obtain copies of public records maintained by state and local government agencies, including school districts. The RTKL presumes that government records are public and places the burden on the agency to justify any denial of access.

North Schuylkill School District is committed to fulfilling its obligations under the RTKL. The Board adopted Policy 801 – Public Records to govern how the district receives, processes, and responds to requests for public records. The full policy is available on the BoardDocs policy portal. Policy 801 was originally adopted August 17, 2011 and was last revised August 14, 2024.

A public record is any record, including a financial record, that is not protected by a defined privilege and is not exempt from disclosure under the RTKL, other federal or state law, a regulation, or a judicial order.

A record is broadly defined as information, regardless of physical form, that documents a district transaction or activity and is created, received, or retained pursuant to law or in connection with district business. This includes documents, letters, maps, photographs, audio or video recordings, electronically stored information, and data-processed or image-processed documents.

A financial record includes any account, voucher, or contract dealing with the receipt or disbursement of funds; the acquisition, use, or disposal of services, supplies, materials, equipment, or property; or salary and other payments or expenses paid to an officer or employee, including the individual's name and title.

Please note: Not all district records are public records. Some records are exempt from disclosure by law, including records relating to personal privacy, ongoing investigations, attorney-client privilege, student records protected under FERPA, and computer or internet security matters. The district is also not required to create a record that does not exist, or to compile information in a format it does not currently use.

All requests for access to public records must be submitted in writing using the required form and addressed to the North Schuylkill School District Open Records Officer. The district will not process verbal or anonymous requests.

Your request must include:

1. 1 A clear identification or description of the record(s) being requested, in sufficient detail to allow the district to determine what records are sought.
2. 2 The medium in which you are requesting the record (paper copy, electronic file, etc.).
3. 3 Your full name and mailing address where the district should send its response.

How to submit your request:

• ► In person — Deliver the completed form to the District Administration Office at 15 Academy Lane, Ashland, PA 17921 during regular business hours.
• ► By mail — Mail the completed form to: Open Records Officer, North Schuylkill School District, 15 Academy Lane, Ashland, PA 17921.
• ► By email — Submit the completed form to: mcraig@northschuylkill.net.

Upon receipt of a written request, the Open Records Officer will respond as promptly as possible. The initial response will be issued within five (5) business days of the date the written request is received.

The initial response will do one of the following:

• Grant access to the requested record(s).
• Deny access to the requested record(s), with a written explanation and citation of legal authority.
• Partially grant and partially deny access, with an explanation for the denied portion.
• Notify the requester that an extension of time is needed to fully respond (see below).
• Request additional detail from the requester to clearly identify the records being sought.

If the Open Records Officer determines that additional time is needed to fulfill a request, written notice will be sent to the requester within the initial five (5) business day window. That notice will state:

• That the request is under review.
• The specific reason an extension is required.
• A reasonable date by which the response is expected.
• An estimate of any applicable fees that will be owed when the record becomes available.

An extension of up to thirty (30) days for a legally recognized reason does not require the requester's consent. If a response is not provided by the date specified in the notice, the request is deemed denied on the following day.

A requester may consent in writing to an extension exceeding thirty (30) days. In that case, the request is deemed denied on the day following the date stated in the notice if no response has been issued.

Fees for copies of public records are established in accordance with the fee schedule approved by the Board and consistent with the duplication fee schedule set by the Commonwealth of Pennsylvania. A copy of the applicable fee schedule is available from the Open Records Officer.

• No fee may be charged for the review of a record to determine whether it is subject to access under law.
• If the cost to fulfill a request is expected to exceed $100, the district may require prepayment of the estimated fees before granting access.
• Duplication fees may be waived at the Superintendent's discretion if the requester duplicates the record themselves, or if a waiver is deemed to be in the public interest.

If a copy is prepared and the requester does not retrieve it within sixty (60) days of the district's response, the district may dispose of the copy and retain any fees already paid.

Denial of a Request

If a request is denied, in whole or in part, the Open Records Officer will send a written response within five (5) business days of receiving the request. A denial response will include:

• A description of the record(s) requested.
• The specific reasons for the denial, including citations to the applicable legal authority.
• The name, title, business address, phone number, and signature of the Open Records Officer issuing the denial.
• The date of the response.
• Instructions for how to appeal the denial to the Pennsylvania Office of Open Records.

Filing an Appeal

If a request is denied or deemed denied, the requester may file an appeal with the Pennsylvania Office of Open Records within fifteen (15) business days of the mailing date of the Open Records Officer's response or the deemed denial date. The appeal must include the original request, the district's denial response (if one was issued), and must address the grounds on which the request was denied. An appeals officer will determine whether the record(s) are subject to public access.

Appeals may be filed online, by email, by fax, or in person at: