Atnre Alleyne, a former employee of the Delaware Department of Education and the current head of DelawareCAN, filed a Freedom of Information Act request with the DOE back in March. He was not satisfied with their response and filed a FOIA complaint with the Delaware Department of Justice. The Delaware DOJ issued their opinion on the complaint on May 4th and found the Delaware DOE did violate FOIA.
Attorney General Opinions
Delaware State Board of Education’s Wild Sunset Review & They Are Still Missing A MemberDelaware State Board of Education
The State Board does not hear or receive official complaints.
As the Delaware State Board of Education goes through their sunset review with the Delaware Sunset Committee, it has become more clear than ever this is a state agency in need of massive change.
After board member Jorge Melendez resigned last fall, the Delaware State Board of Education still has six members on their seven seat roster. Three weeks into Governor Carney’s four-year term, there has been no nomination for Melendez’ replacement.
My concern is what happens if the State Board of Education votes on an action item which results in a tie vote. Who breaks that stalemate? How long will Carney wait to choose a replacement? As well, the Governor has the authority to replace the existing State Board of Education President with Senate confirmation. Will Carney do this which has been a typical thing in the past?
At present, the Delaware State Board of Education is under Joint Sunset Review by Delaware legislators. Donna Johnson, the Executive Director of the State Board, submitted a very lengthy questionnaire to the committee last October. Johnson provided an extensive and very thorough history of the State Board of Education which included items I had no clue about. Included in the document is a list of Delaware Attorney General opinions that affect the agency. There have been 21 such opinions dating back to 1996 with an average of one per year. Eight Executive Orders, all issued for former Delaware Governor Jack Markell, had an impact on the State Board as well. There is one section that talks about bringing the former Delaware Teacher of the Year on the board as a non-voting member. Donna Johnson’s role was changed in 2010 from Policy Analyst to Executive Director. Aside from her, the only other staff is an administrative assistant through the Delaware Dept. of Education (awesome lady by the way, Dani Moore). Donna Johnson’s performance review is also included in the below document, but there is no indication of who approved this review aside from the State Board of Education in 2015. I do not recall seeing this performance review on a State Board of Education agenda, but that may not be required under Delaware code or perhaps I missed it. The most shocking part of this document exists towards the end. The State Board of Education does not receive or recognize complaints about their own agency. Perhaps this is why they are often perceived as a state agency that acts with an air of impunity and infallibility. I believe that needs to change.