Business Insider Delaware FOIA request - August 16, 2022

Jonathan Rudenberg filed this request on behalf of Insider Staff with the Newark Charter School District of Newark, DE.


From: Insider Staff

To Whom It May Concern:

Pursuant to the Delaware Freedom of Information Act, I hereby request the following records:

-All separation agreements and settlements reached with current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled.

-All public records relating to any and all claims of misconduct against current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled. Such public records should include, but not be limited to, all complaints; allegations; claims; investigatory reports; analyses; summaries; memoranda and/or notes; interview recordings; transcripts and/or notes; reviews; emails, text or other electronic messages, voicemails, and/or other communications and/or correspondence; determinations; decisions; orders; resignation letters; employment reclassification documents; offers in compromise and/or settlement agreements; termination and/or transfer papers; letters of reproval and/or other disciplinary actions, whether imposed or not; referrals to law enforcement, administrative, and/or licensing agencies, departments, and/or bodies; appeals; court filings and/or rulings; and all similar materials notwithstanding the use of other terminology, nomenclature, or categorization by this or other involved public agencies.

To further clarify this request, the scope of the misconduct at issue arises from, relates to, and/or is a consequence of sexual behavior and/or activities with district students, whether currently or previously enrolled, and notwithstanding whether any such behavior and/or activities were proven to have occurred or not. The construction of this request should be understood to be liberal and expansive, such that all public records which may be remotely responsive should be produced in full and may only be withheld and/or redacted only as required by law.

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.


Jonathan Rudenberg, a citizen of Delaware, in coordination with Insider Staff.

From: Newark Charter School District

Dear Mr. Rudenberg:

The attached letter is sent in response to your FOIA request.

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From: Insider Staff

Good afternoon,

Thank you for the update. It appears there's some confusion, here. With respect to the separation and settlement agreements I've requested, please note that I am requesting all such agreements, regardless of the underlying reason/rationale for departure. With some 1,000 employees at the Newark Charter School District, it defies logic that the district would not have separated with a single employee since 2017.

With respect to the disciplinary and other records I've requested regarding sexual abuse and/or misconduct, what search terms were used to process this request? And which department(s) did you search? By way of context, I've requested these same records from a dozen other school districts across the state, including many that are smaller than yours, and all have had responsive records. It strains credulity that with so many employees, the Newark Charter School District would not have had any complaints or reports regarding misconduct over the five year specified time period.

In an effort to assist you in processing this request, records regarding “activities with district students” should be interpreted to mean “Sexual Harassment,” “Unwelcome Conduct,” “Hostile Educational Environment,” and/or “Sexual Violence,” involving one or more former or current students.

Thanks again,

From: Newark Charter School District

The attached document is sent in response to your request.

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