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
Assessment Webinar
The Assessment Trust Crisis: How to Measure Learning in the Age of AI
AI is reshaping learning. Is assessment keeping up? Join this webinar to explore how to measure student thinking, not just right answers.
Content provided by Instructure
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
From Student Trends to Counselor Action: Turning Insight Into Impact
Find out what is changing in how students approach planning for life after graduation and how schools can help.
Content provided by PowerSchool
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
McKinney-Vento Transportation Strategies: Managing Cost & Protecting Access
Explore McKinney-Vento transportation strategies to manage costs, respond quickly to changing needs, and protect student access.
Content provided by HopSkipDrive

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 Can This Religious Preschool Exclude LGBTQ Families and Still Get State Funding?
The Supreme Court appears ready to let Catholic preschools bypass Colorado’s LGBTQ+ anti-discrimination requirement.
5 min read
The Supreme Court is seen at day's end in Washington, Thursday, Oct. 1, 2026, as the justices prepare to begin the new term next week.
The U.S. Supreme Court, seen here in Washington on Oct. 1, 2026, appeared ready to side with Catholic preschools in challenging Colorado’s requirement that publicly funded providers sign an anti-discrimination pledge covering sexual orientation and gender identity.
J. Scott Applewhite/AP
Law & Courts Can Public Schools Try to Boost Diversity? Admissions Policies Face a New Test
Challenges to race-neutral methods for selective admissions are continuing.
6 min read
Photo collage of the Supreme Court building with a diverse group of teens superimposed over it.
Collage by Gina Tomko/Education Week + Canva
Law & Courts Trump Says Title IX Excludes Trans Girls. The Supreme Court Could Weigh In Next
It's the flip side of a recent U.S. Supreme Court decision upholding state laws that bar transgender girls.
7 min read
Becky Pepper-Jackson prepares to throw a discus Tuesday, April 7, 2026, at Bridgeport High School in Bridgeport, W.VA.
Becky Pepper-Jackson prepares to throw a discus on April 7, 2026, at Bridgeport High School in Bridgeport, W.Va. Jackson's challenge of a West Virginia law barring transgender girls from girls' athletic teams ended up before the Supreme Court, which upheld the state's law. Now, the court could take on the question of whether Title IX requires that transgender athletes be excluded from teams that match their gender identity.
John Raby/AP
Law & Courts Ten Commandments in Classrooms: 'Passive Display' or Part of the Curriculum?
Five states now have laws that require or authorize Ten Commandments displays in public schools.
9 min read
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, Monday, Nov. 17, 2025.
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Nov. 17, 2025. Texas is one of four states that now require the commandments be displayed in public school classrooms.
Eric Gay/AP