AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE FREEDOM OF INFORMATION ACT.

This Act would remove the broad exemption that the University of Delaware and Delaware State University currently receive under the state Freedom of Information Act. In recognition of the sensitive nature of some records held by public universities, this Act would also add some specific exemptions for public universities. Specifically, confidential letters or statements related to admission, employment or honors would not be a public record for purposes of FOIA. Universities would not be required to disclose scholarly research or information related thereto where such information is of a proprietary nature. Finally, certain information related to fundraising activities would be protected from disclosure. Delaware’s FOIA, as currently written, already exempts personally identifiable student information protected by the federal Family Educational Rights and Privacy Act (FERPA).