In Today’s Game: Can You Spot The FOIA Violation?

Gateway Lab School, a Delaware charter school that serves a very high population of students with disabilities, held a special board meeting on April 4th, 2016.  The purpose of the meeting was to discuss a due process mediation.  Can you spot the Delaware FOIA violation?  It’s easy if you try!

Oops! That’s a big one! I’ve already filed the FOIA complaint to the Attorney General’s office. As a gentle reminder to all school boards in Delaware: you can discuss student related matters in executive session if it pertains to an issue, but you can’t vote on it in executive session. You need to come out of executive session and vote on it then. Now you can’t, and shouldn’t, say this is for x student’s due process mediation situation. But I would suggest giving a number for all action items at a board meeting. Many boards do this already. You can just say, as an example, “In the matter of 16-322, may I have a motion to vote on this action item?”, or something along those lines. It wasn’t that long ago that Brandywine School District’s board had the same issue which is causing issues for the district now as part of a lawsuit.

As well, I have also requested an opinion from the same office about public comment at public meetings. I have noticed some Delaware charter schools ask public comment to be submitted up to two weeks in advance before a board meeting. I don’t think that is in the spirit of the law. Any member of the public should have unfettered access to a public meeting and have the ability to give public comment without having to give advance notice.

Sorry Gateway! Don’t mean to call you out but if all of your board members have not received the full training on these matters I would definitely get on that!

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