Oral arguments are scheduled for Wednesday in the Commonwealth Court case of Penn State alumnus Ryan Bagwell v. Penn State and the state Department of Education.
Bagwell sought emails between former Secretary of Education Ron Tomalis and Louis Freeh in a 2013 Right to Know request.
The university argues that the records constitute privileged communications between Freeh and Tomalis, who sat on Penn State’s board of trustees while serving as secretary of education. Bagwell argues that Penn State waived the privilege when it allowed Freeh to share information about his investigation with prosecutors and the public.
This is the second case to reach the Commonwealth Court involving records sent to the secretary of education in his capacity as a Penn State trustee. The first, decided in July last year, allowed the public to obtain records of state officials who serve on the boards of state-related universities.