Pennsylvania School District Must Disclose DEI Training Materials, Though It Claimed They Were a “Trade Secret”
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:
[2.] I created the materials requested above, prior to my employment by the [School District] and prior to my appointment as [DEI Director] – they were not created using the resources of the [School District], are protected by copyright and are my personal proprietary training materials.
[3.] These materials are not made available to the public, or other organization (as that would substantially interfere with the confidential commercial nature of them)[,] and I ensure the confidentiality of these materials using the following best practices and safeguards:
[a.] The materials are password protected and the credentials are maintained in confidence;
[b.] No person outside of the [School District] is provided with or permitted to observe these materials;
[c.] The training that was conducted was undertaken solely within the [School District] and limited to employees thereof – it is not shared with any third parties outside of [the School District], such as external vendors, regulators, other [school districts], the public or any other outside entity[;]
[d.] The [School District] employees are notified
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