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Former board member says district doesn't follow Right to Know Act  <http://www.eveningsun.com/Stories/0,1413,140%257E9956%257E2340606,00.html>

Eleanor Dehoff said some who requested information didn't receive it according to district policy or state law.

A former Littlestown Area school board member Monday questioned the way in which the district handles requests for public information.

Eleanor Dehoff claimed the district is not following procedures in accordance with the state Right to Know Act.

"There is a problem in the district," she said. " Several people have requested information from the district under the Right to Know law and have not received it in a manner consistent with either the district policy or state law."

The Right to Know Act should be posted in the administration building along with a list of fees for receiving public information, she said.

But there is no posting in the administration building, she said.

Dehoff also said the law requires the district notify people requesting information in writing within five business days if the request cannot be filled.

"Most recently, I requested copies of documents on July 23 and 30, 2004, and received phone calls prior to the five-day limit telling me that they are looking for the information but have no idea how long it will take to find and copy the data.

"I have not received the information yet, nor the required letters written and sent within five business days."

Superintendent Robert McConaghy agreed the law and fees should be posted but disagreed written notification was required.

The Right to Know Act, detailed on the Pennsylvania Newspaper Association Web site, states an agency must respond to a request for access to a record within five business days from the date the request was received. It does not specify the response must be written. If the request for information is denied, written notification is required.

The district's policy, McConaghy said, does not mention written notification at all.

The policy and the list of fees will be posted in the administration building, he said.

In 2003, Dehoff and the American Civil Liberties Union filed suit against the district and McConaghy in the U.S. Middle District Court in Harrisburg for violating free speech and due process rights by requiring Littlestown Area School District employees to ask the superintendent for permission to meet with school board members.

The lawsuit also questions a records policy that funnels information requests through the superintendent.

McConaghy told the school board that Dehoff's suit has cost the district more than $10,000 in legal fees so far.

The suit has not yet been decided.

Contact Abby Slutsky at aslutsky@eveningsun.com .