Dept of Ed Goes Silent on FOIA Requests after Facing Criticism in Vouchers Report

PFAW Foundation Files Suit, Seeks Unlawfully Withheld Records

Washington, DC – Yesterday, People For the American Way Foundation (PFAWF) filed suit against the U.S. Department of Education in federal court in the District of Columbia over the Department’s unlawful failure to disclose certain records concerning the new federally funded school voucher program in the District of Columbia. The law firm of Jenner & Block is co-counsel with PFAWF in this lawsuit.

PFAWF requested the records under two Freedom of Information Act (FOIA) requests. Over the span of seven months the Department disclosed a number of records in response to the first FOIA request. However, after PFAWF published a report concerning the implementation of the DC voucher program that was critical of the Department -- a report based in part on the previously disclosed records -- the Department stopped responding to PFAWF’s outstanding second FOIA request, despite prior representations that additional responsive records had been collected and would be disclosed. Furthermore, the Department has not responded to any communications from PFAWF about its failure to comply with its FOIA obligations, leaving PFAWF with no choice but to file suit.

PFAWF’s lawsuit seeks disclosure of improperly redacted and withheld records. It is the third lawsuit in recent months that PFAWF has had to file against an Executive Branch agency in the face of administration stonewalling of FOIA requests.

“The Department of Education cannot arbitrarily decide when and how it responds to FOIA requests, or whether it does so at all,” said Ralph G. Neas, president of PFAWF. “The Department apparently has now decided to give us the silent treatment, but the real casualty is openness in government.”