21 Pa. Commw. 203 | Pa. Commw. Ct. | 1975
Opinion by
In this action we are asked whether or not a list of names and addresses of kindergarten children in the
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
Section 2 of the Right to Know Act, 65 P. S. §66.2 provides that “[ejvery public record of an agency shall, at reasonable times, be open for examination and inspection by any citizen of the Commonwealth of Pennsylvania.” The Act defines “public record” as:
“ [a] ny account, voucher, or contract dealing with the receipt or disbursement of funds by an agency or its acquisition, use or disposal of services or of supplies, materials, equipment or other property and any minute, order or decision by an agency fixing the personal or property rights, privileges, immunities, duties or obligations of any person or group of persons: Provided, That... it shall not include any record, document, material, exhibit, pleading, report, memorandum or other paper . . . which would operate to the prejudice or impairment of a person’s reputation or personal security. . . .” (Emphasis added.)
The appellant argues first that the address list is not any minute, order, or decision fixing personal property rights, privileges, immunities, duties or obligations of any person or group. Although, as the appellant argues, the list itself constitutes only a compilation of facts submitted by parents and does not constitute a determination by the appellant, it is, as President Judge House has said, the sort of record which would provide a basis for determining the location of the school to which the child will attend, the room to which the child will be assigned, the particular sessions to which the child will be assigned, and the transportation which the child will need. It constitutes, therefore, a record which we believe does fall within the definition of public records under the Act. See Friedman v. Fumo, 9 Pa. Commonwealth Ct. 609, 309 A.2d 75 (1973); McMullan v. Secretary of Welfare, 3 Pa. Commonwealth Ct. 574, 284 A.2d 334 (1971).
The decision of the lower court is, therefore, affirmed.