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The following rules regarding access to the public records of the Department of Education are in compliance with the Delaware Freedom of Information Act (FOIA) and the Delaware Administrative Procedures Act.  Pursuant to the authority contained in 29 Del. C., §10003, 10004(6), 6411 and 6412, the Department adopts the following definitions and procedures regarding access to the public records of the Department:

Definitions:

Public Record means written or recorded information made or received by the Department of Education relating to public business except the following:

  • Any personnel, medical, or pupil file, the disclosure of which would constitute an invasion of personal privacy, under any State or Federal law as it relates to personnel privacy.
  • Financial information obtained from a person which is of a privileged or confidential nature.
  • Investigative files for law enforcement purposes.
  • Any records specifically exempted from public disclosure by statute or common law.
  • Any records which disclose the identity of the contributor of a bona fide and lawful charitable contribution to the Department of Education whenever public anonymity has been requested of the Department with respect to said contribution by the contributor.
  • Any records involving labor negotiations or collective bargaining.
  • Any records pertaining to pending or potential litigation which are not records of any court.
  • Any record of discussions held in executive session.
  • Public Business means any matter over which the Department of Education has supervision, control, jurisdiction, or advisory power.
  • Documents in Active Use may be defined as those records required as working documents by the Department of Education staff in performing current assignments.
  • Documents in Storage may be defined as documents officially placed in the custody of the Delaware State Archives.

Procedures for Examining and Copying Public Records:

Except for materials and documents in active use or in storage, all public records may be examined and copies obtained at the offices of the Delaware Department of Education, Townsend Building, Loockerman and Federal Streets in Dover, during regular office hours of the Department.  Initial requests to inspect public documents shall be made in writing to the Department's Public Information Officer (PIO).

The PIO will respond to the requestor within ten (10) business days as to whether the information is or is not available and when or where it will be made available. The actual disclosure of records shall follow promptly thereafter.

Review of an only copy of a document or listening to the only copy of an electronic recording will be in the presence of a member of the Department of Education through the PIO.

Electronic recordings will be played on Department of Education equipment only.  Duplicates of electronic recordings will be provided as promptly as possible with full cost of such duplication to be met by the requesting citizen.

Computer printouts will be provided at the convenience of and at a cost set by the public or private operator of the computer.

Copying of a public document shall be done by the Branch involved.  

Copying Fees: A photocopy of any public record not protected by statute shall be provided at a cost of twenty-five cents (25 cents) per 8 1/2 x 11 page or thirty cents (30 cents) per 8 1/2 x 14 page.  Multiple copies will not be made.

Administrative Fees: Charges for administrative fees include staff time associated with processing FOIA requests including locating and reviewing files, monitoring file reviews, generating electronic files or print-outs and other work items as necessary per request.

  • The rate for processing electronic requests will be fifty-five dollars ($55) hourly when Education Associates or Education Specialists are needed to compile the information.
  • The rate for processing paper copy requests will be twenty-one dollars ($21) when administrative support is needed to compile the information.
  • Administrative charges will be billed to the requestor per quarter hour.  These charges will be billed at the current hourly pay grade rate or the person performing the service.  Administration charges will be in addition to any copying charges.   

In the event that requests for records maintained in an electronic format can be electronically mailed to the requestor, only the administrative charges in preparing the electronic records will be charged.

All electronic files will be sent in a read-only format unless requestor requires Excel format.   

Payment: The Department may require pre-payment of copying and administrative charges prior to mailing copies of requested records or sending records electronically. 

All payments will be made to:

Department of Education
401 Federal Street, Suite 2
Dover, DE 19901
Attn:  Public Information Officer

Upon receipt of payment, the PIO will forward the payment to the Director of Finance.

The Department reserves the right to refuse to make copies for requestors who have outstanding balances.