DELAWARE - The ACLU of Delaware has filed a complaint in Superior Court, accusing three public school districts of charging excessive fees to fulfill public records requests, potentially violating the state’s Freedom of Information Act.
On Dec. 22, the civil rights organization said it took legal action after receiving unusually high fee estimates in response to FOIA requests sent to all Delaware school districts. The requests sought updated information on English and Multi Language Learner programs across the state.
Under Delaware’s FOIA statute, public agencies are required to “make every effort to ensure that administrative fees are minimized” when responding to records requests. The law is intended to guarantee access to public information without financial barriers.
According to the ACLU of Delaware, most districts responded to the requests with no charges, consistent with their handling of similar requests in previous years. However, three districts: Cape Henlopen, Christina and Woodbridge quoted fees of approximately $3,438, $1,934 and $2,000, respectively.
The organization alleges that these charges were based on inflated hourly rates and an excessive number of administrative hours, despite fulfilling similar requests the prior year with no charges.
“The public has a right to know the inner workings of our education system, and that should not be dependent on whether they can afford exorbitant fees,” said Mike Brickner, executive director of the ACLU-DE. “These fees would prevent most in the public from accessing vital information about a critical issue in our community—and that is simply unacceptable.”
However, in an email attached as "Exhibit A" to the complaint, the Cape Henlopen School District's Assistant Superintendent LouAnn Hudson said that the pricing differences vary by school district based on staffing and access.
"It is important to know that each district uses different systems and processes. Regarding costs and fees, be aware that each district is staffed differently, and its employees have different training, passwords, abilities, and access," said Hudson. "Therefore, any variances in substantive responses or fee estimates among the districts should not be construed against any district or districts. Also, be aware that Infinite Campus is now state-wide this year. Thus, responses you receive this year may differ from the similar requests submitted last year."
The ACLU is challenging the districts’ practices as a violation of FOIA and a barrier to government transparency and public accountability.
The organization is asking the court to rule that the fee estimates are unlawful and to prevent school districts from using financial burdens to obstruct access to public records.