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Attorney General Kathy Jennings

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  Archived Posts From: 2014


14-IB05 08/27/14 FOIA Opinion Letter to Mr. Wells re: FOIA Complaint Concerning the Department of Education

Written on: August 27th, 2014 in 10001 Declaration of Policy10002(l) (1) Exemptions - Personnel10002(l) (6) Exemptions - Records Exempted Per Statute or Common Law

The Complainant alleged the Delaware Department of Education (“DDOE”) provided an incomplete response to his request for documents. DDOE admitted it had withheld certain documents pursuant to applicable privacy statutes and regulations. Held: applicable State and federal statutes and regulations prohibit the release of records that could be identified to an individual student. Applying the standards set by the U.S. Department of Education, the requested documents are not “public records,” so DDOE cannot produce them.

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