Recently, Douglas J. Smillie, shareholder and Chair of the Litigation & Trial Practice group represented The Express-Times and lehighvalleylive.com in their Pennsylvania Right-to-Know Law (RTKL) request to obtain surveillance video of an Easton Area School District teacher allegedly aggressively disciplining a student on a school bus. The case [Easton Area School District v. Miller, 191 A. 3d 75 (Pa. Commwlth. 2018)] centered on the legal definition of “educational record” under the Family Educational Rights and Privacy Act (FERPA).
According to a recent news article about the story:
Northampton County Judge Samuel Murray on Friday sided with the Pennsylvania Office of Open Records, which ordered the release of the video to The Express-Times and lehighvalleylive.com in May.
“With the widespread availability and use of video surveillance, questions concerning access to such records is becoming increasingly at issue,” explained Mr. Smillie. “I am pleased that the Court provided a thoughtful and reasoned analysis in support of my client’s position in this case.”
FLB’s Litigation and Trial lawyers have vast experience in a variety of areas, including arbitration, mediation and other forms of alternative dispute resolution and are always ready and willing to take the case to a judge or jury when needed.