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Attorney General Kathy Jennings

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  Archived Posts From: 1999


99-IB12 RE: Freedom of Information Act Complaint Against Brandywine School District

Written on: September 21st, 1999 in 10001 Declaration of Policy

The Complainant alleged that the Brandywine School District had violated the Freedom of Information Act (“FOIA”) by failing to provide him with the names of the District Advisory Committee and such committee’s report and recommendations. The district responded that no such committee had been created, and it could not provide documents that did not exist. Held: Neither federal nor Delaware law requires a state agency to create a document that does not exist in order to satisfy a FOIA request. There was therefore no FOIA violation.

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