Law & Courts

‘Reading First’ FOIA Requests Hampered by Delays, Costs

By Kathleen Kennedy Manzo — August 29, 2006 4 min read
  • Save to favorites
  • Print

With the first findings from a federal review of the Reading First program due out soon, complainants continue to battle state and federal officials for the release of more documents related to the implementation of the $1 billion-a-year program.

At the same time, Georgia education officials appear to have launched their own battle against charges of mismanagement, with a complaint alleging that the U.S. Department of Education’s inspector general’s office has exhibited bias in its review of that state’s $200 million Reading First grant.

Officials for the Success for All Foundation, which filed a lawsuit in federal court in January to compel the Education Department to fulfill the group’s requests under the Freedom of Information Act, are seeking documents they say could show a pattern of preferential treatment, as well as a failure to adhere to the requirements for research-based reading materials and services.

The Baltimore-based foundation, however, was considering dropping part of its request after being told this month that it would take more than a year and cost more than $200,000 to retrieve the records.

“I don’t think they have any intention of ever giving me anything,” said Policy Director Cheryl Sattler.

Since its rollout 4½ years ago, the reading initiative authorized under the No Child Left Behind Act has been hounded by allegations that contracts were awarded to favor key consultants and publishers. Last fall, the inspector general and the Government Accountability Office, the investigative arm of Congress, both launched inquiries. (“Inspector General to Conduct Broad Audits of Reading First,” Nov. 9, 2005.)

67 Weeks, $200,000

The complaints by Success for All, which administers a reading-based, whole-school improvement program, were instrumental in spurring the federal reviews.

Ms. Sattler said she was discouraged after being told by the Education Department that the search of e-mail records of federal employees she requested would take 67 weeks of staff time and cost more than $200,000—more than four times the estimate given earlier this year.

Technology workers for the department said that the e-mail records would need to be retrieved and redacted in their entirety and that the department’s server did not allow simpler search methods such as the use of keywords, according to Ms. Sattler.

“In a program that has so much secrecy, so many accusations, they are just piling up question upon question,” she said.

Last week, the foundation received an answer on a FOIA request submitted in June 2005. The Education Department wrote Ms. Sattler Aug. 17 that staff members were “unable to locate” any correspondence and e-mail messages between the department and the National Institute of Child Health and Human Development, the division of the National Institutes of Health that oversees reading research, regarding the Reading First program.

G. Reid Lyon, who directed the reading-research program at the NICHD, helped design the Reading First program and was reassigned to the Education Department for a time before he left his post in summer 2005. The letter does not detail how the department staff searched for the print and electronic records the foundation requested.

The Education Department would not comment on the case because of the pending litigation, according to a spokeswoman.

The nature of the bias complaint Georgia officials filed against the Education Department’s inspector general’s office is not known.

Cindy Cupp, a former state education official and the publisher of a reading-textbook series, filed numerous complaints with both the Georgia and federal inspectors general last year. She claims that Georgia officials, under the advice of federal representatives, illegally steered local grantees away from using her reading texts.

The Savannah, Ga.-based publisher of Dr. Cupp’s Readers has been denied documents related to a complaint letter sent by state schools Superintendent Kathy Cox this past spring to federal Inspector General John P. Higgins Jr. In his response, Mr. Higgins urges Georgia officials to keep the correspondence between their offices “confidential for now” due to the ongoing audit and review of the bias allegations.

Officials could not comment on the case.

‘Let 12-Year-Olds Loose’

The inspector general expects to release the first of five probes of the Reading First program within the next few weeks. The GAO study is due out in mid-January.

In June, the federal Education Department released a plan for improving responses to open-records requests.

But Lucy Dalglish, the executive director of the Reporter’s Committee for Freedom of the Press, based in Arlington, Va., said the ordeal the Success for All Foundation has had in seeking information “sounds suspicious.”

“It’s possible that they have an absolutely, completely backward [computer] system, but I would think somebody could figure out how to get these folks what they need,” without it requiring so much time and money, she said. “Maybe [the department] should purchase Outlook [or another commercial e-mail system that can easily retrieve and search through messages] … or they should let some 12-year-olds loose on their servers to find what they need.”

Related Tags:

A version of this article appeared in the August 30, 2006 edition of Education Week as ‘Reading First’ FOIA Requests Hampered by Delays, Costs

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
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, as well as responsible adoption.
Content provided by Lightspeed Systems
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
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.

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 Louisiana's Ten Commandments Law Gets Full Federal Appeals Court Review
The full 5th Circuit threw out a panel decision that blocked a Louisiana law requiring Ten Commandments displays in schools.
2 min read
Jackson County High School in Kentucky posts the Ten Commandments in the front hall of the school, shown here in 2000, and in every classroom, on June 25, 2025. A group of North Texas reverends filed a federal lawsuit this week to challenge a new state law that would require posting the Ten Commandments in each public school classroom.
The Ten Commandments were seen on display at Jackson County High School in Kentucky in 2000. The full U.S. Court of Appeals for the 5th Circuit, in New Orleans, will review a Louisiana law that requires the display of the commandments in public school classrooms.
<a href="https://www.gettyimages.com/search/2/image?artistexact=Lexington%20Herald-Leader">Lexington Herald-Leader</a>/Getty Images
Law & Courts Ed. Dept. Workers' Union Sues Over Emails Blaming Democrats for Shutdown
The lawsuit challenges an automatic email from furloughed staff that blames U.S. Senate Democrats for the government shutdown.
3 min read
Screenshot of a portion of a response email blaming Democrat Senators for the government shutdown.
Vanessa Solis/Education Week + Getty
Law & Courts New Supreme Court Term Puts Transgender Student Rights in the Spotlight
The justices will weigh state laws that bar transgender girls from female athletics, amid other issues of interest to educators in new term
8 min read
AB Hernandez, a transgender student at Jurupa Valley High School, competes in the high jump at the California high school track-and-field championships in Clovis, Calif., May 31, 2025.
AB Hernandez, a transgender female student at Jurupa Valley High School, competes in the high jump at the California high school track and field championships in Clovis, Calif., on May 31. The U.S. Supreme Court in its new term will consider state laws that prohibit transgender girls and women from competing in female athletics.
Jae C. Hong/AP
Law & Courts Appeals Court Says Ed. Dept. Can Fire Civil Rights Staff
Office for civil rights employees had already begun returning to work under a court order
4 min read
A commuter walks past the headquarters of the U.S. Department of Education on March 12, 2025, in Washington.
A commuter walks past the headquarters of the U.S. Department of Education in Washington on March 12, 2025. A federal court sided with the Trump administration this week, allowing it to proceeds with laying off half of the department's office for civil rights.
Mark Schiefelbein/AP