Law & Courts Federal File

FOIA Request Elicits Greetings and Blank Pages

By Kathleen Kennedy Manzo — March 25, 2008 1 min read
  • Save to favorites
  • Print

Nearly three months and several follow-up phone calls and e-mails later, Education Week received a response to a request for information on a long-awaited federal commission that will review reading research.

It came in more than two months past the deadline, but was it worth the wait? A look through the 86 pages the Department of Education provided this month should answer that question.

The pages are almost completely blank, except for the “To” and “From” fields, the date and subject lines, and a sentence or two of greetings and pleasantries. That includes pages where the subject line on e-mail exchanges is “Education Week.”

The Education Department says that virtually all the content in the e-mail exchanges requested under the Freedom of Information Act is exempted from disclosure because that content is part of the decisionmaking process.

The decisionmaking process in the case of the Commission on Reading Research has been going on for more than four years. Education Week sought the exchanges after a promised announcement of commission members was stalled by the department in December, the latest of several hurdles since plans for the panel were first disclosed in 2002. (“Plans for Federal Reading Panel Hit a New Roadblock,” Dec. 12, 2007.)

The Bush administration has used the FOIA’s exemption related to “predecisional” communications far more aggressively than previous administrations, according to Lucy Dalglish, the executive director of the Reporters Committee for Freedom of the Press.

See Also

For more stories on this topic see our Federal news page.

But the exemption does not allow the blanket redaction, or editing, of correspondence if factual information contained in the communications is considered public.

“They can’t just say we haven’t made up our minds yet; … therefore, anything we communicate about this commission is predecisional,” Ms. Dalglish said. “This doesn’t pass the smell test. … They probably can do it legally, but at some point, I think they owe the taxpayers an explanation of what the heck they’ve been up to.”

Education Week is preparing an appeal.

A version of this article appeared in the March 26, 2008 edition of Education Week

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Beyond Teacher Tools: Exploring AI for Student Success
Teacher AI tools only show assigned work. See how TrekAi's student-facing approach reveals authentic learning needs and drives real success.
Content provided by TrekAi
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Building for the Future: Igniting Middle Schoolers’ Interest in Skilled Trades & Future-Ready Skills
Ignite middle schoolers’ interest in skilled trades with hands-on learning and real-world projects that build future-ready skills.
Content provided by Project Lead The Way

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Supreme Court Backs Parents in School Gender Disclosure Fight
The Supreme Court restored an injunction blocking California policies on student gender transitions
8 min read
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender in November 2025. A policy on the issue in the city’s elementary school district is the subject of a federal class-action lawsuit in which a judge just sided against the district.
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender at a meeting in November 2025. Two parents and two teachers from the district sued in 2023, challenging California state guidance concerning student gender transitions and parental notification. The U.S. Supreme Court has now reinstated a lower-court decision overturning those state policies.
Charlie Neuman for The San Diego Union-Tribune/TNS
Law & Courts Appeals Court Allows Louisiana Ten Commandments Displays to Proceed
The court said it was premature to rule on the constitutionality of La. Ten Commandments displays.
3 min read
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Thursday, Oct. 16, 2025.
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Oct. 16, 2025. A federal appeals court has lifted a lower-court injunction blocking a Louisiana law that requires Ten Commandments displays, clearing the way for the law to take effect.
Eric Gay/AP
Law & Courts Social Media Companies Face Legal Reckoning Over Mental Health Harms to Children
Some of the biggest players from Meta to TikTok are getting a chance to make their case in courtrooms around the country.
6 min read
Social Media Kids Trial 26050035983057
Meta CEO Mark Zuckerberg leaves court after testifying in a landmark trial over whether social media platforms deliberately addict and harm children, on Feb. 18, 2026, in Los Angeles.
AP Photo/Damian Dovarganes
Law & Courts Supreme Court Strikes Trump Tariffs in Case Brought by Educational Toy Companies
Two educational toy companies were among the leading challengers to the president's tariff policies
3 min read
Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson.
Members of the U.S. Supreme Court sit for a new group portrait following the addition of Justice Ketanji Brown Jackson, at the court building in Washington, Oct. 7, 2022. On Feb. 20, 2026, the court ruled 6-3 to strike down President Donald Trump's broad tariff policies, ruling that they were not authorized by the federal statute that he cited for them.
J. Scott Applewhite/AP