Business Insider January 30, 2023 public records request re: teacher credential/license adverse actions
| Submitted | Jan. 30, 2023 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: Insider Staff
To Whom It May Concern:
Pursuant to the Delaware Freedom of Information Act, I hereby request the following records:
-All adverse actions taken against teacher licenses or certificates as reported to the National Association of State Directors of Teacher Education and Certification (NASDTEC), including but not limited to public reprimands, denials, invalidations, annulments, revocations, suspensions, and voluntary surrenders, with the nature and description of the reason for action (i.e., sexual misconduct, breach of contract, incompetence, etc.) noted alongside the full names of every teacher, from January 1, 2017 through December 31, 2022.
I would like these records in the electronic format that they are stored in, transmitted via email or other digital method; please refrain from sending paper copies of the records. Rather than provide all responsive records at once, I ask that you provide copies of records on a rolling basis, as they become available.
If you determine that any of the information qualifies for an exemption from disclosure, I ask you to note whether the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any of the information is exempt and will not be disclosed.
Please waive any applicable fees; this information is being sought for reporting purposes. If I can provide any clarification that will help expedite the processing of my request, please contact me directly, at mdrange@insider.com.
As provided in the open records law, I will expect your response within fifteen (15) business days. Note: a delay in access to these records is tantamount to a denial of access.
Thank you for your timely attention to this matter.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 15 business days, as the statute requires.
Sincerely,
Jonathan Rudenberg, a citizen of Delaware, in coordination with Insider Staff.
From: Department of Education
Delaware’s Freedom of Information Act (FOIA) does not apply to you because you are not a Delaware Citizen. Public bodies in Delaware are only required to comply with FOIA when the requesting party is a citizen of the State of Delaware. McBurney v. Young, 569 U.S. ____; 133 S. Ct. 1709 (2013); DE AG Opinion No. 16-IB20
From: Muckrock Staff
Hi,
Jonathan Rudenberg, the person filing this request, is a citizen of Delaware. Please indicate what proof of citizenship is needed to process this request.
Sincerely,
MuckRock
From: Department of Education
Please provide proof of Delaware citizenship, such as a copy of your Delaware-issued ID.
From: Muckrock Staff
Hello Alison,
Please see attached ID verification [REDACTED].
Sincerely,
MuckRock Staff
From: Department of Education
Thank you. Per Delaware’s FOIA statute: “Administrative fees shall be levied for requests requiring more than 1 hour of staff time to process. Charges for administrative fees may include staff time associated with processing FOIA requests, including, without limitation: identifying records; monitoring file reviews; and generating computer records (electronic or print-outs). Administrative fees shall not include any cost associated with the public body’s legal review of whether any portion of the requested records is exempt from FOIA. The public body shall make every effort to ensure that administrative fees are minimized, and may only assess such charges as shall be reasonable required to process FOIA requests. In connection therewith, the public body shall minimize the use of nonadministrative personnel in processing FOIA requests, to the extent possible.
Prior to fulfilling any request that would require a requesting party to incur administrative fees, the public body shall provide an itemized written cost estimate of such fees to the requesting party, listing all charges expected to be incurred in retrieving such records. Upon receipt of the estimate, the requesting party may decide whether to proceed with, cancel, or modify the request.
Administrative fees will be billed to the requesting party per quarter hour. These charges will be billed at the current hourly pay grade (prorated for quarter hour increments) of the lowest-paid employee capable of performing the service. Administrative fees will be in addition to any other charges incurred under this section for copying fees.”
We estimate fulfilling your request will take at least 2 hours of staff time. The first hour is free. The cost for the second hour is $36.91. Please send a check for $36.91 made payable to the Delaware Department of Education to my attention at 401 Federal St., Suite 2, Dover, DE 19901. Work will begin after payment has been received.
From: Insider Staff
Thank you. A check has been mailed to your office as requested. Please let me know if you do not receive it by next week.
From: Department of Education
Hi, I just wanted to let you know your check arrived today. I will mail your records.
From: Insider Staff
Thank you, but my request seeks electronic copies of responsive records. Can you reply to this message with those copies?
Please refrain from sending any paper files, which would result in both unnecessary delay as well as taxpayer expense.
From: Department of Education
Attached was received by the requester.
From: Insider Staff
Thanks, but this is a photo-copy scan of a spreadsheet. It appears there is still some confusion, here. I requested these records in electronic copy in the format that they are stored in. In this case, as with every other state that reports this data to the NASDTEC, that's a simple spreadsheet. Can you reply to this email with a copy of the actual spreadsheet?
From: Department of Education
From: requests@muckrock.com <requests@muckrock.com>
Sent: Tuesday, May 16, 2023 1:41 AM
To: May Alison <alison.may@doe.k12.de.us>
Subject: [External] RE: Delaware Freedom of Information Act Request: Business Insider January 30, 2023 public records request re: teacher credential/license adverse actions
WARNING: External Email - This email originated outside of the State email system.
DO NOT CLICK links or attachments unless you recognize the sender and are expecting the email.
Department of Education
FOIA Office
#2
401 Federal Street
Dover, DE 19901
May 16, 2023
This is a follow up to a previous request:
Thanks, but this is a photo-copy scan of a spreadsheet. It appears there is still some confusion, here. I requested these records in electronic copy in the format that they are stored in. In this case, as with every other state that reports this data to the NASDTEC, that's a simple spreadsheet. Can you reply to this email with a copy of the actual spreadsheet?
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 139747
263 Huntington Ave
Boston, MA 02115
---
On May 2, 2023:
Subject: Received Mail
Attached was received by the requester.
---
On April 28, 2023:
Subject: RE: Delaware Freedom of Information Act Request: Business Insider January 30, 2023 public records request re: teacher credential/license adverse actions
Thank you, but my request seeks electronic copies of responsive records. Can you reply to this message with those copies?
Please refrain from sending any paper files, which would result in both unnecessary delay as well as taxpayer expense.
---
On April 26, 2023:
Subject: RE: [External] RE: Delaware Freedom of Information Act Request: Business Insider January 30, 2023 public records request re: teacher credential/license adverse actions
Hi, I just wanted to let you know your check arrived today. I will mail your records.
---
On April 17, 2023:
Subject: RE: Delaware Freedom of Information Act Request: Business Insider January 30, 2023 public records request re: teacher credential/license adverse actions
Thank you. A check has been mailed to your office as requested. Please let me know if you do not receive it by next week.
---
On March 20, 2023:
Subject: RE: [External] RE: Delaware Freedom of Information Act Request: Business Insider January 30, 2023 public records request re: teacher credential/license adverse actions
Thank you. Per Delaware’s FOIA statute: “Administrative fees shall be levied for requests requiring more than 1 hour of staff time to process. Charges for administrative fees may include staff time associated with processing FOIA requests, including, without limitation: identifying records; monitoring file reviews; and generating computer records (electronic or print-outs). Administrative fees shall not include any cost associated with the public body’s legal review of whether any portion of the requested records is exempt from FOIA. The public body shall make every effort to ensure that administrative fees are minimized, and may only assess such charges as shall be reasonable required to process FOIA requests. In connection therewith, the public body shall minimize the use of nonadministrative personnel in processing FOIA requests, to the extent possible.
Prior to fulfilling any request that would require a requesting party to incur administrative fees, the public body shall provide an itemized written cost estimate of such fees to the requesting party, listing all charges expected to be incurred in retrieving such records. Upon receipt of the estimate, the requesting party may decide whether to proceed with, cancel, or modify the request.
Administrative fees will be billed to the requesting party per quarter hour. These charges will be billed at the current hourly pay grade (prorated for quarter hour increments) of the lowest-paid employee capable of performing the service. Administrative fees will be in addition to any other charges incurred under this section for copying fees.”
We estimate fulfilling your request will take at least 2 hours of staff time. The first hour is free. The cost for the second hour is $36.91. Please send a check for $36.91 made payable to the Delaware Department of Education to my attention at 401 Federal St., Suite 2, Dover, DE 19901. Work will begin after payment has been received.
---
On Jan. 30, 2023:
Subject: Delaware Freedom of Information Act Request: Business Insider January 30, 2023 public records request re: teacher credential/license adverse actions
To Whom It May Concern:
Pursuant to the Delaware Freedom of Information Act, I hereby request the following records:
-All adverse actions taken against teacher licenses or certificates as reported to the National Association of State Directors of Teacher Education and Certification (NASDTEC), including but not limited to public reprimands, denials, invalidations, annulments, revocations, suspensions, and voluntary surrenders, with the nature and description of the reason for action (i.e., sexual misconduct, breach of contract, incompetence, etc.) noted alongside the full names of every teacher, from January 1, 2017 through December 31, 2022.
I would like these records in the electronic format that they are stored in, transmitted via email or other digital method; please refrain from sending paper copies of the records. Rather than provide all responsive records at once, I ask that you provide copies of records on a rolling basis, as they become available.
If you determine that any of the information qualifies for an exemption from disclosure, I ask you to note whether the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any of the information is exempt and will not be disclosed.
Please waive any applicable fees; this information is being sought for reporting purposes. If I can provide any clarification that will help expedite the processing of my request, please contact me directly, at mdrange@insider.com<mailto:mdrange@insider.com>.
As provided in the open records law, I will expect your response within fifteen (15) business days. Note: a delay in access to these records is tantamount to a denial of access.
Thank you for your timely attention to this matter.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 15 business days, as the statute requires.
Sincerely,
Jonathan Rudenberg, a citizen of Delaware, in coordination with Insider Staff.
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 139747
263 Huntington Ave
Boston, MA 02115
Files
pages