Delaware School District FOIA Fees

UPDATE: On February 2, 2026, Defendant School Districts filed a motion to dismiss the verified complaint, and on February 23, ACLU-DE filed a response opposing this motion to dismiss.

People should not have to pay exorbitant fees to access their right to information about Delaware public institutions.

On December 22, 2025, ACLU of Delaware filed a complaint challenging excessive fee charges in response to Freedom of Information Act (FOIA) requests from Delaware school districts.

Most school districts in Delaware have historically not charged extensive fees for fulfilling FOIA requests. However, for the first time in 2025, Cape Henlopen, Christina, and Woodbridge quoted charges of approximately $3,438, $1,934, and $2,000 respectively for the requests. The prior year all three school districts fulfilled similar requests at no charge.

Charging thousands of dollars for information requests creates a substantial barrier to the average Delawarean seeking information about their local school district. This greatly undermines the intention of Delaware’s Freedom of Information Act, which is meant to give the public greater access to information about public-serving institutions in the state.

At ACLU-DE, we are strong proponents of government transparency and accountability. We will continue to work to break down any barriers to information that the public has a right to know about the institutions that serve them.