In Trethewey v. Downingtown Area School Dist., a Feb. 26 Pennsylvania appellate court decision by Judge Mary Hannah Leavitt (joined by Judges Renée Cohn Jubelirer and Christine Fizzano Cannon), Trethewey sought these records under the Pennsylvania Right-to-Know Law (RTKL):
[1.] Copy of all documents and materials (paper or electronic) and all presentations used by the [DEI] program director and DEI staff that were used to instruct or lead any training or programs to any staff, teacher, counselor or student in the [ ] School District.
[2.] Copy of any Copyright information on materials used (paper or electronic).
[3.] Copy of all documents and materials (paper or electronic) and all presentations that were used to instruct or lead any cultural awareness, courageous conversations, unconscious bias and cultural proficiency training or programs to any staff, teacher, counselor or student in the [ ] School District….
The School District said no, on the grounds that the records were exempt under the RTKL because they "constitute[d] or reveal[ed] a trade secret [or] confidential proprietary information." "[T]he School District's DEI Director, Justin Brown" certified:
