2024

Chief FOIA Officer Report

The Department of Education’s mission is to

promote student achievement and preparation for 

global competitiveness by fostering educational 

excellence and ensuring equal access.

DEPARTMENT PARTMENT OF EDUCATION UCATION

OFFICE OF THESECRETARY

FREEDOM OF INFORMATION FORMATION ACT (FOIA)

SERVICECENTER
2 

INTENTIONALLY BLANK
3 

About the Department1 

The U.S. Department of Education’s mission is to promote student achievement and 

preparation for global competitiveness by fostering educational excellence and 

ensuring equal access. The Department accomplishes its education mission by 

funding programs (i.e., early intervention services and employment training 

programs) that provide services to children as early as birth all the way to adult 

learners. Many of these programs provide grants to state or local educational 

agencies and support students and families protected by Federal civil rights laws and 

other laws, including students with disabilities and those from socio-economically 

disadvantaged backgrounds. 

Several programs prepare students, teachers, and the nation’s citizenry to engage 

with and succeed in an increasingly globalized world. Other programs provide grants 

and loans to postsecondary students and facilitate research that examines ways that 

states, schools, districts, and postsecondary institutions can improve America’s 

education system. In addition, the Department fulfills its mission through the 

enforcement of student privacy and of Federal civil rights laws that, among other 

things, provide equal access for all individuals to the programs funded by the 

Department.

1 Retrieved from the Department of Education’s FY 2022-26 Strategic Plan: U.S. Department of Education 

Fiscal Years 2022–2026 Strategic Plan.
4 

Department Purposes2

When Congress created the Department in 1979, it established the following

purposes for the agency:

• Strengthen the federal commitment to ensuring access to equal educational

opportunity for every individual.

• Supplement and complement the efforts of states, local school systems

and other instrumentalities of states, the private sector, public and private

educational institutions, public and private nonprofit educational research

institutions, community-based organizations, parents, and students to

improve the quality of education.

• Encourage the increased involvement of the public, parents, and students in

federal education programs.

• Promote improvements in the quality and usefulness of education through

federally supported research, evaluation, and sharing of information.

• Improve the coordination of federal education programs.

• Improve the management and efficiency of federal education activities,

especially with respect to the process, procedures, and administrative

structures for the dispersal of federal funds, as well as the reduction of

unnecessary and duplicative burdens and constraints, including unnecessary

paperwork, on the recipients of federal funds.

• Increase the accountability of federal education programs to the President,

Congress, and the public (Section 102, Pub. L. No. 96-88).

The Department works with state agencies, including education, health, and

vocational rehabilitation, as well as local educational agencies, educational

institutions, administrators, educators, parents, caregivers, students, and other

stakeholders to foster educational excellence and ensure equal access to education

for all students.

2 Retrieved from the Department of Education’s FY 2022-26 Strategic Plan: U.S. Department of Education 

Fiscal Years 2022–2026 Strategic Plan.
5 

Table of Contents

Message from the Chief FOIA Officer..................................................................................................6 

Section I: FOIA Leadership and Applying the Presumption of Openness........................................7 

A. Leadership Support for FOIA ......................................................................................................7 

B. Presumption of Openness..............................................................................................................8 

Section II: Ensuring Fair and Effective FOIA Administration..........................................................9 

A. FOIA Training................................................................................................................................9 

B. Outreach........................................................................................................................................13

C. Other Initiatives ...........................................................................................................................15

Section IV: Steps Take to Greater Utilize Technology......................................................................21

Section V: Steps Taken to Remove Barriers to Access, Improve Timeliness in Responding to 

Requests, and Reduce Backlogs...........................................................................................................23

B. Timeliness......................................................................................................................................23

C. Backlogs........................................................................................................................................24

D. Backlog Reduction Plans.............................................................................................................26

F. Additional Information about FOIA Processing .......................................................................28
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Message from the Chief FOIA Officer

As a Cabinet-level department that began operating in 1980, the Department of Education (ED) 

and its mission contribute significantly to the U.S. Government’s administration and 

enforcement of federal laws. ED’s mission is to promote student achievement and preparation for 

global competitiveness by fostering educational excellence and ensuring equal access. The 

Department’s Freedom of Information Act (FOIA) program is one of the many functions that 

advance ED’s mission. 

ED’s FOIA program focuses on responding efficiently and fully to requests within the statutory 

time limits for responding under the FOIA. As the Chief FOIA Officer, I am pleased to report 

that the FOIA program has continued to improve its administration of the FOIA. Throughout this 

March 2023 to March 2024 reporting period, ED has initiated new and built on existing efforts to 

increase responsiveness to requesters, promote transparency, and reduce backlogs of initial FOIA 

requests and FOIA appeals. 

Despite increasing numbers of incoming requests and reductions in available resources, ED 

made several positive gains, including reducing the average age of pending requests by 31 

percent over the prior year. Additionally, ED closed nine of its 10 oldest FOIA requests and 

closed 10 out of the 10 oldest FOIA appeals. Due to improvements in its consultation process 

and streamlined communications, ED reduced its consultation processing time by roughly 37 

percent and began the fiscal year with zero open consultations. Further, ED revised its entire 

suite of letter templates, increasing efficiency of ED’s operations and transparency for ED’s 

requesters. Because ED’s FOIA program follows a decentralized model, the importance of 

providing ample training to its FOIA community is amplified. As such, FSC hosted and provided 

access to a vast array of trainings throughout the year. Demonstrating its commitment to the 

principles of the FOIA, for the second year in a row, ED hosted a full week of department-wide 

events during Sunshine Week, elevating the importance of open government for all members of 

the Department. 

I invite you to read more about these and other initiatives that ED undertook to ensure continued 

compliance with the FOIA in the following pages of this report. ED’s FOIA program will build 

on these accomplishments, in collaboration with its program offices, in the years to come. 

Inquiries about this report are best directed to ED’s FOIA Service Center via phone at (202) 401-

8365 or via email at EDFOIAManager@ed.gov. 

Deborah O. Moore, Ph.D. 

Chief FOIA Officer
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Section I: FOIA Leadership and Applying 

the Presumption of Openness

The guiding principle underlying the Attorney General’s 2022 FOIA Guidelines is the 

presumption of openness. The Guidelines also highlight the importance of agency leadership in 

ensuring effective FOIA administration. Please answer the following questions about FOIA 

leadership at your agency and describe the steps your agency has taken to ensure that the 

presumption of openness is being applied to all decisions involving the FOIA. 

A. Leadership Support for FOIA

1. The FOIA requires each agency to designate a Chief FOIA Officer who is a senior official at 

least at the Assistant Secretary or equivalent level. See 5 U.S.C. § 552(j)(1) (2018). Is your 

agency’s Chief FOIA Officer at or above this level? 

Yes. The designated Chief FOIA Officer is at the Assistant Secretary or equivalent level.

2. Please provide the name and title of your agency’s Chief FOIA Officer. 

Deborah O. Moore, Ph.D., Chief FOIA Officer 

3. What steps has your agency taken to incorporate FOIA into its core mission? For example, 

has your agency incorporated FOIA milestones into its strategic plan? 

The Department of Education (ED hereafter) has incorporated FOIA into its core mission, 

and FOIA milestones are embedded into its strategic plan. The Department of Education’s 

Strategic Plan establishes five strategic goals. In Strategic Goal 5, ED commits to “Enhance 

the Department’s internal capacity to optimize the delivery of its mission” by managing 

technology, improving data access, recruiting/retaining/developing the workforce, and 

delivering mission outcomes through efficient acquisition management. These strategic 

objectives broadly mirror the Chief FOIA Officer’s vision and serve as proof of the steps 

the agency has taken to demonstrate its commitment to the FOIA mission. By 

implementing these goals throughout the agency, the Chief FOIA Officer has been able to 

use ED’s strategic plan as the foundation for building partnerships and coalitions among

the FOIA Service Center (FSC), senior departmental leadership, and agency staff 

throughout ED. 

The Chief FOIA Officer meets regularly with ED’s each Principal Office’s (PO) senior 

leadership to ensure understanding of and compliance with requirements under the FOIA. 

Further, the Chief FOIA Officer actively encourages the incorporation of meeting FOIA 

requirements into agency staff performance plans wherever applicable. As part of its 

robust, Department-wide training portfolio, the FSC conducts mandatory annual FOIA 

training for all political appointees to ensure awareness of their FOIA responsibilities. 
8 

Political leadership fulfilling FOIA responsibilities sets the example and direction for the 

staff they lead that FOIA is a key part of the Department’s mission.

B. Presumption of Openness

4. The Attorney General’s 2022 FOIA Guidelines provides that “agencies should confirm in 

response letters to FOIA requesters that they have considered the foreseeable harm standard 

when reviewing records and applying FOIA exemptions.” Does your agency provide such 

confirmation in its response letters? 

Yes. ED confirms in every response letter to FOIA requesters that it has considered the 

foreseeable harm standard when reviewing records and invoking exemptions. 

5. In some circumstances, agencies may respond to a requester that it can neither confirm nor 

deny the existence of requested records if acknowledging the existence of records would harm an 

interested protected by a FOIA exemption. This is commonly referred to as 

a Glomar response. If your agency tracks Glomar responses, please provide: 

• the number of times your agency issued a full or partial Glomar response (separate full 

and partial if possible); 

As appropriate, ED issues Glomar responses, responding to requesters that it can neither 

confirm nor deny the existence of requested records. ED tracks these Glomar responses. 

During this reporting period, ED issued 85 full Glomar responses. At this time, ED is 

unable to account for partial Glomar responses that were issued along with partial 

disclosure of records. 

• the number of times a Glomar response was issued by exemption (e.g., Exemption 7(C) – 

20 times, Exemption 1 – 5 times).

ED’s Glomar responses were issued by the following FOIA Exemptions and frequencies

described below:

o Exemption 6: 77 times; 

o Exemption 6 and 7(c) combined: 7 times; and

o Exemption 3 (20 U.S.C. § 1099c–1), 6, and 7(a) combined: 1 time. 

6. If your agency does not track the use of Glomar responses, are you planning to track this 

information in the future? 

N/A. ED tracks Glomar responses. 

7. Optional -- If there are any other initiatives undertaken by your agency to ensure that the 

presumption of openness is being applied, please describe them here. 
9 

In collaboration with ED’s Office of General Counsel (OGC), the FSC developed a 

Foreseeable Harm Checklist. The checklist incorporates prompts and questions to assist 

individuals responsible for reviewing records in determining whether a foreseeable harm, 

barring release, exists. 

Section II: Ensuring Fair and Effective FOIA 

Administration

The Attorney General’s 2022 FOIA Guidelines provide that “[e]nsuring fair and effective FOIA 

administration requires . . . proper training, and a full understanding of FOIA obligations by the 

entire agency workforce.” The Guidelines reinforce longstanding guidance to “work with FOIA 

requesters in a spirit of cooperation.” The Attorney General also “urge[s] agency Chief FOIA 

Officers to undertake comprehensive review of all aspects of their agency’s FOIA 

administration” as part of ensuring fair and effective FOIA administration. 

A. FOIA Training

1. The FOIA directs agency Chief FOIA Officers to ensure that FOIA training is offered to 

agency personnel. See 5 U.S.C. § 552(a)(j)(2)(F). Please describe the efforts your agency has 

undertaken to ensure proper FOIA training is made available and used by agency personnel. 

ED’s Chief FOIA Officer ensures that FOIA training is offered to agency personnel. As 

such, the FSC has undertaken efforts to ensure FOIA training was made available, along 

with multiple outreach events, throughout fiscal year 2023. Additionally, agency personnel 

have access to on-demand training modules, some acquired from the Department of Justice

and others created by ED; these modules are available through the agency’s web-based 

training application. 

In collaboration with the OGC’s FOIA attorneys, the FSC conducts multiple FOIA 

training sessions, including a FOIA Overview & Procedural Requirements, Agency Best 

Practices, mandatory New Hire FOIA Training, FOIAXpress Case Management Training, 

Proactive and Discretionary Releases of Information Discussions, and numerous ad hoc 

outreach events tailored to and driven by the needs of ED’s FOIA community of leaders, 

subject matter experts, and FOIA professionals. These training opportunities were

presented to ED staff through a multitude of outreach efforts, including a marketing 

format coined the ED FOIA Update, a branded e-mail campaign sent to the Department’s 

FOIA community announcing training, outreach events, and FOIA opportunities, and 

relevant information. 

During this reporting period and the first month of the new fiscal year, the Chief FOIA 

Officer onboarded an Outreach Director in the FSC. This position was created to design 

and implement a program of training that executes the Chief FOIA Officer’s vision for 

enhancements to the Department’s FOIA training program. An integral part of these 

enhancements has included solicitation of training topics from ED’s FOIA Community at 
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large, endeavoring to bring targeted FOIA training based on indicated needs and 

preferences during the 2024 calendar year. 

2. Did your FOIA professionals or the personnel at your agency who have FOIA responsibilities 

attend substantive FOIA training during the reporting period such as that provided by the 

Department of Justice?

Yes. In addition to the FSC staff, several hundred of ED’s FOIA professionals and

personnel who have FOIA responsibilities attended substantive FOIA Training during the 

reporting period, including training provided by the Department of Justice (DOJ). In 

addition, during our Annual Training and during Sunshine Week, ED provided training 

and education events that included prominent thought-leaders, FOIA professionals from 

other Federal agencies, and leaders from the Office of Government Information Services

(OGIS) to increase the exposure of ED’s FOIA community to ideas and trends in FOIA.

3. If yes, please provide a brief description of the type of training attended or conducted and the 

topics covered. 

The following table outlines the type of training, a description, and date: 
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Training Provider Description of Event Date

1 ED Principal Offices Familiarization Sessions June, July and December 

2023

2 ED FOIA Fees June 2023

3 ED Principle Office Operations and Case Processing Meeting August and September

2023

4 ED FOIAXpress Overview Training June 2023

5 ED FOIAXpress Document Redaction Workshop January 2023

6 ED FOIA Overview (OCR-Dallas) June 2023

7 ED 2023 ED Sunshine Week:

• Litigation-Free in ’23. 

• Minimizing Your FOIA Litigation Risk. 

• Inter-Agency Perspectives on FOIA: An Unredacted 

Discussion. 

• FOIA and Technology. 

March 2023

8 ED Reviewing and Improving ED’s Search Forms January 2024

9 ED General FOIA Overview for new ED employees August 2023

10 ED Mandatory FOIA Training for Political Appointees July 2023

11 ED Introduction to Foreseeable Harm Analysis Tool/Checklist May 2023

12 ED Handling of Incoming Consultations May 2023

13 DOJ Training Exemption 4 and Exemption 5 Training January 2024

14 2023 ED Annual 

FOIA Training

Department-wide half day training event covering the following 

topics presented by DOJ, OGIS, and ED FOIA attorneys: 

• Procedural Requirements & New Guidance. 

• DOJ’s FOIA Exemptions Overview. 

• Foreseeable Harm Standard. 

• Exemption 5 Drill-down; and

• Exemption 4 & Submitters Notices.

August 2023

15 2023 American 

Society of Access 

Professionals 

(ASAP)

ASAP National Conference June 2023

16 DOJ Training Virtual Meeting of the Chief FOIA Officers Council April & November 2023

17 DOJ Training Report Refresher Trainings October 2023

18 DOJ Training Virtual Advanced FOIA Training February 2023

19 DOJ Training Appeals, FOIA Compliance and Customer Service Training May 2023

20 DOJ Training FOIA Litigation Training May 2023

21 ED Meet/Greet with ED Procurement Policy Team November 2023
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4. Please provide an estimate of the percentage of your FOIA professionals and staff with FOIA 

responsibilities who attended substantive FOIA training during this reporting period. 

ED estimates 100% of its FOIA professionals and staff with FOIA responsibilities attended 

substantive training during this reporting period. 

5. OIP has directed agencies to “take steps to ensure that all of their FOIA professionals attend 

substantive FOIA training at least once throughout the year.” If your response to the previous 

question is that less than 80% of your FOIA professionals attended training, please explain your 

agency’s plan to ensure that all FOIA professionals receive or attend substantive FOIA training 

during the next reporting year. 

N/A. ED ensured that 100% of its FOIA professionals attended substantive FOIA training 

at least once throughout the year. 

6. Describe any efforts your agency has undertaken to inform non-FOIA professionals of their 

obligations under the FOIA. In particular, please describe how often and in what formats your 

agency provides FOIA training or briefings to non-FOIA staff; and if senior leaders at your 

agency received a briefing on your agency’s FOIA resources, obligations and expectations 

during the FOIA process? 

ED has undertaken substantial efforts to inform non-FOIA professional of their obligations 

under the FOIA. This is accomplished through conducting Annual FOIA Training, 

Mandatory Political Appointee Training, New Hire FOIA Training, and a five-day 

Sunshine Week series of events. These training sessions are widely promoted and open to 

all Departmental employees. To ensure maximum participation, the FSC initiated a 

department-wide communication outreach campaign well in advance of the training, 

resulting in excellent attendance by non-FOIA staff for each of these events. These training 

events are described below:

• New Hire FOIA Training: The FSC, in conjunction with OGC, conducted New Hire 

Training to all new ED personnel. Attendees were informed of their FOIA 

obligations as part of ED’s onboarding process. The FSC made New Hire FOIA 

Training opportunities available to FOIA Professional and non-FOIA professionals 

alike, nearly twice last year. This training was made mandatory for new employees 

joining the Department. 

• ED’s Annual FOIA Training: This event was a half-day workshop, covering various 

topics. It was open to all Departmental employees. In collaboration with OGIS, 

DOJ, and attorneys from ED’s OGC, the FSC provided substantive training on 

multiple topics relevant to the work of FOIA professionals and non-professionals 

alike.

22 ED FOIA Operations Overview October 2023
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• ED’s Annual Mandatory Political Appointee Training: In collaboration with ED’s 

Office of White House Liaison, the FSC hosted mandatory FOIA training for all 

political appointees, providing an overview and compliance requirements. 

• Sunshine Week: ED showcased a week of FSC-hosted events, making the primary

objective the raising FOIA awareness throughout the department. The purpose of a

five-day Sunshine Week series of events was to expose ED’s non-FOIA staff to the 

requirements of the FOIA, creating a culture of awareness that FOIA is everyone’s 

responsibility. Launched by the Secretary and supported by participation of the 

Deputy Secretary, Sunshine Week demonstrated to non-FOIA professionals the 

Department’s and its seniormost leadership embrace the Department’s commitment 

to FOIA.

• ED’s Office for Civil Rights (OCR) FOIA Training: OCR’s OPEN Center provided 

training to OCR’s regional offices on FOIA obligations three times during this 

reporting period. While some of the attendees had FOIA experience, some were new 

to the requirements and implementation of the FOIA. OPEN’s FOIA team also 

provided a brief training on FOIA and Personally Identifiable Information (PII) to 

OCR’s Customer Service team. Creating awareness of ED’s responsibilities to 

create access while also safeguarding and protecting PII aligned with the Chief 

FOIA Officer’s initiatives and messaging. 

B. Outreach

7. As part of the standard request process, do your FOIA professionals proactively contact 

requesters concerning complex or voluminous requests in an effort to clarify or narrow the scope 

of the request so requesters can receive responses more quickly? 

Yes. In coordination with ED’s FOIA professionals department wide, ED’s Chief FOIA 

Officer and the FOIA Public Liaison routinely communicated with requesters concerning 

complex or voluminous requests; these communications often led to helping the requester 

formulate their FOIA request and/or clarifying or narrowing the scope of the request so 

requesters can receive responses more quickly. 

Please describe any such outreach or dialogue and, if applicable, any specific examples.

ED’s outreach and dialogue most often resulted from the FSC’s group review and

discussions about incoming requests during the FSC’s daily Triage Meeting and associated 

processes. During the daily Triage Meeting, the FSC individually reviewed every request

received the prior day and discussed them as a group. In addition to the FSC staff 

collectively participating in the assignment of requests to the correct program office, these 

meetings also afforded opportunities to carefully review requests to determine if the scope 

of records was reasonably described and/or to clarify or narrow the scope. The following 

are a few of ED’s outreach and dialogue samples, among many: 
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• Narrowing and Clarifying: The FOIA Public Liaison organized a call between a 

FOIA requester and the Subject Matter Experts (SME) from OGC. The call was 

scheduled to discuss the broad scope of a FOIA request for which a similar request 

had recently been processed and disclosed. The call enabled the requester to explain 

in more detail the information sought, and it was determined that the previously 

records would fulfill the request. This phone call resulted in the Department being 

able to respond to the request quickly and within the statutory time limit. 

• Formulating and Clarifying: ED received 13 requests from one organization that 

sought any/all communications involving numerous search terms, leading to 

voluminous datasets pertaining to ED senior staff. The FOIA Public Liaison

consolidated the requests on a spreadsheet and reached out to the requester to 

discuss each FOIA request. By showing the requester all the requests in one 

document, it helped the requester identify administrative errors in their submissions

and afforded and opportunity for the requester to reformulate the request. This 

phone call resulted in the requester clarifying half of the requests and realizing that 

others were submitted to ED in error and were intended for other federal agencies. 

This clarifying and proactive outreach directly impacted the requester’s ability to 

locate information outside of ED. 

• Formulating and Narrowing: ED received a complex FOIA request seeking at least 

two dozen datasets, encompassing a wide variety of records related to the 

administration of Elementary and Secondary School Emergency Relief (ESSER) 

funds. The FSC brokered a phone call between the requester and ED’s SMEs 

familiar with the responsive records. The SMEs were able to explain the categories 

of records pertaining to ESSER, thus assisting the requester with formulating a 

reasonably described request, which not only narrowed the scope drastically, but 

also led to an efficient reasonably calculated search. As a result of this discussion, 

ED was able satisfy the need of the requester by providing one 32-page document. 

• Fee Estimate and Authorization to Pay: ED received a broadly written FOIA 

request and the search for records located several boxes of potentially responsive 

records, resulting in a large fee estimate, beyond the indicated fee limit. The FSC 

contacted the requester to discuss fees and offer the requester the option to narrow 

the scope of the request or increase the fee authorization. The requester decided to 

narrow the scope of the request and appreciated greatly the option to do so. This 

outreach effort resulted in a drastically narrowed request and more efficient 

processing times. During the discussion with the requester, it was determined that 

one single document would fulfill the request. 

• Fee Waiver Criteria: ED received an inquiry from a requester seeking information 

about his fee waiver determination. The Chief FOIA Officer engaged closely with 

the requester to help him understand ED’s determination of his fee waiver request. 

The Chief FOIA Officer explained the fee waiver criteria, how to remedy the defects 

of the fee waiver request, and provided additional information on the requester’s

right to appeal, should he wish to avail himself of that process. The requester 
15

appreciated the phone call and was likely surprised that the Chief FOIA Officer was 

indeed the person returning his phone call.

8. Outside of the standard request process or routine FOIA Liaison or FOIA Requester Service 

Center interactions, did your FOIA professionals engage in any outreach or dialogue, with the 

requester community or open government groups regarding your administration of the 

FOIA? For example, did you proactively contact frequent requesters, host FOIA-related 

conference calls with open government groups, or provide FOIA training to members of the 

public? 

Yes. ED’s FOIA professionals engaged in outreach and dialogue with the requester 

community and open government groups, outside of the standard request process, by 

providing information about the requirements of the FOIA and associated resources to 

students and parents. 

Please describe any such outreach or dialogue and, if applicable, any specific examples of how 

this dialogue has led to improvements in your agency’s FOIA administration. 

ED’s FOIA professionals engaged in significant outreach with the requester community or 

open government groups, outside of the standard FOIA request process for accreditation 

inquiries and student privacy questions. In addition to processing FOIA requests, the FSC 

is often the destination for individuals and groups wanting to confirm whether their 

institution of higher learning is accredited or not. Since inquiries are not actionable 

pursuant to the FOIA, ED established a website that allows inquirers to find out this 

information outside of the FOIA process, see generally: 

https://www.ed.gov/accreditation?src=rn. 

The same is true for questions about student privacy—while agencies are not required to 

answer questions, the FSC nonetheless engaged with students, parents, and third-party 

representatives by responding to their inquiries and redirecting them to informational 

resources, such as: https://studentprivacy.ed.gov/audience/parents-and-students, and 

usually outside of the FOIA process. 

9. The FOIA Improvement Act of 2016 requires additional notification to requesters about the 

services provided by the agency’s FOIA Public Liaison. Please provide an estimate of the 

number of times requesters sought assistance from your agency’s FOIA Public Liaison during 

Fiscal Year 2023 (please provide a total number or an estimate of the number for the agency 

overall).

ED notified all requesters about the services provided by the agency’s FOIA Public 

Liaison, along with contact information, in every determination letter. During this 

reporting period, requesters sought assistance from ED’s FOIA Public Liaison 

approximately 210 times. 

C. Other Initiatives
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10. Has your agency evaluated the allocation of agency personnel resources needed to respond to 

current and anticipated FOIA demands? If so, please describe what changes your agency has or 

will implement.

Yes. ED evaluated the allocation of agency personnel resources needed to respond to 

current and anticipated FOIA demands. The Chief FOIA Officer requested and received 

funding for two Senior FOIA Analysts and one senior-level director within FSC. Further, 

the FSC has submitted a comprehensive budget request for additional positions to be 

added in fiscal year 2025, if approved. 

11. How does your agency use data or processing metrics to ensure efficient management of your 

FOIA workload? For example, case management reports, staff processing statistics, etc. In 

addition, please specifically highlight any data analysis methods or technologies used. 

ED uses data and processing metrics to ensure efficient management of the FOIA workload 

to determine trends, streamline processes, enhance quality, and improve processing times. 

All FSC staff performance plans include focused, outcome-based metrics tied to case 

processing and quality assurance measures. The following are examples of case 

management reports and process metrics:

• Weekly Metrics Report: This report provides data on the three key 

processing elements; 1) cases received; 2) cases closed; 3) cases pending for 

FOIA requests, Privacy Act Requests, appeals, and consultations. The report 

also provides prior year data for comparison and provides weekly status

updates of ED’s ten oldest requests, appeals, and consultations.

• Backlog Report: FSC Leadership uses the Backlog Report to identify trends, 

guide discussions with the program offices on challenges and obstacles, to 

brainstorm solutions, and determine potential mitigation measures.

• Monthly Post-Closure Review: FSC Leadership every month conducts a denovo quality assurance review on a random sample of 20% of cases closed in 

the prior period. This internal control effort allows FSC Leadership to 

determine if there are errors or error trends that need to be addressed.

• Dashboard Reports: The OCR OPEN Center relies on FOIAXpress 

dashboard reports to track FOIA requests, appeals, and the progress of 

regional work. The OPEN has also developed its own excel trackers which 

are used to documents all requests with the office, their status, age, next steps 

needed, etc. These trackers are often cross-referenced with FOIAXpress 

reports to ensure consistency/accuracy. OPEN’s internal trackers are used 

for all requests, backlog requests, appeals, 2nd layer reviews, etc.
17

• Workload Reports: OCR-Atlanta uses workload reports and other data 

metrics to ensure efficient processing and manage time limit requirements, 

which also helps manage the regionals office’s FOIA workload. 

12. Optional -- If there are any other initiatives undertaken by your agency to ensure fair and 

effective FOIA administration, please describe them here.

ED has undertaken initiatives to ensure fair and effective FOIA administration by 

reviewing and changing its full suite of template letters using Plain Language to promote 

transparency, designing and implementing the use of a Foreseeable Harm Checklist, and 

initiating a full revision of its search form through the use of a focus group to pilot the 

change. Each of these initiatives are discussed below: 

• Foreseeable Harm Checklist: FSC designed, implemented, and trained its 

FOIA community on the use of a Foreseeable Harm Checklist, which 

facilitates the process for SMEs and FOIA professionals ensuring that when 

contemplating the use of certain exemptions, the requirement that an 

articulable foreseeable harm does exist. 

• Revised Templates: The FSC, working with ED’s OGC and consulting with 

OGIS, revised all correspondence template letters to be clearer and more 

concise for our requester community. ED also made changes to reduce the 

possibility of error in template usage. 

• Revised Search Form and Focus Group: ED created a new internal search 

form that custodial offices will be required to complete as formal 

documentation of their search. The FSC is currently testing the form with 

focus groups within ED. 
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Section III: Proactive Disclosures

The Attorney General’s 2022 FOIA Guidelines emphasize that “proactive disclosure of 

information is . . . fundamental to the faithful application of the FOIA.” The Guidelines direct 

agencies to post “records online quickly and systematically in advance of any public request” 

and reiterate that agencies should post records “in the most useful, searchable, and open formats 

possible.” 

1. Please describe what steps your agency takes to identify, track, and post (a)(2) proactive 

disclosures. 

ED completed the following steps to identify, track, and post (a)(2) proactive disclosures: 

The FSC regularly collaborated with program offices across the Department to identify 

records for proactive disclosure. These records are identified using the electronic search 

function of the FSC’s case management tracking system, which queries frequently 

requested records. ED’s FSC also identifies records for proactive disclosure during the 

daily intake triage meeting.

2. How long after identifying a record for proactive disclosure does it take your agency to post 

it?

Once records are identified, they are posted to ED’s reading room within a few days. 

However, this frequency was sometimes delayed due to hurdles such as size and/or the 

volume of the records, and/or the amount of time necessary to remediate the document to 

meet accessibility standards, such as Section 508 compliance. 

3. Does your agency post logs of its FOIA requests? 

• If so, what information is contained in the logs? 

• Are they posted in CSV format? If not, what format are they posted in? 

Yes, ED posts FOIA logs to the Department’s FOIA Reading Room as an Excel 

spreadsheet monthly. The log consists of the request tracking number, requester’s name, 

organization, received date, request description, exemption cited, and final disposition for 

requests closed during the reporting period. 

4. Provide examples of any material that your agency has proactively disclosed during the past 

reporting year, including records that have been requested and released three or more times in 

accordance with 5 U.S.C. § 552(a)(2)(D). Please include links to these materials as well. 

Departmental

• Resources for Preventing and Addressing Antisemitism in Schools

• Nation’s Report Card
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Office of the Secretary 

• Return to Repayment Protections Memorandum

Office for Civil Rights

• List of Open Title VI Shared Ancestry Investigations

• Resources for LGBTQI+ Students

• 2020-21 Civil Rights Data Collection (CRDC) 

Federal Student Aid

• Decision Memo: Use of Secretary’s Compromise Authority for Remediating 

Potential Harm to Borrowers Caused by Return to Repayment servicing 

Errors

• Data Center

• Grand Canyon University: Notice of Fine Action and Provisional Program 

Participation Agreement

• Free Application for Federal Student Aid (FAFSA) update

Office of Special Education and Rehabilitative Services

• Guidance to Improve Equal Educational Opportunity for Children with 

Disabilities

Office of Elementary and Secondary Education

• Bipartisan Safer Communities Act FAQs

• Elementary and Secondary Education Act (ESEA) Guidance

• ED Data Express

5. Beyond posting new material, is your agency taking steps to make the posted information 

more useful to the public, especially to the community of individuals who regularly access your 

agency’s website?

Yes. ED is taking steps to make posted information more useful to the public for the 

community of individuals who regularly access ED’s website.

6. If yes, please provide examples of such improvements. In particular, please describe steps 

your agency is taking to post information in open, machine-readable, and machine-actionable 

formats, to the extent feasible. If not posting in open formats, please explain why and note any 

challenges.

The following are examples of improvements and steps ED has taken to post information in 

open, machine-readable and machine-actionable formation: 
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• Data.ed.gov is part of the Department of Education’s (ED) Open Government 

initiative to make high-value data sets publicly available in user-friendly, machinereadable formats. Data.ed.gov organizes, makes accessible, and highlights data from 

ED’s diverse set of programs. It serves as a one-stop shop for education data, 

allowing practitioners, researchers, and the public to access data that can inform 

their work in classrooms and communities across America.

• The National Center for Education Statistics recently released the Integrated 

Postsecondary Education Data System (IPEDS). IPEDS gathers information 

annually from U.S. college, university, and technical and vocational institutions 

eligible to participate in any of the Title IV federal student financial aid programs. 

• The Database of Accredited Postsecondary Institutions and Programs (DAPIP)

contains information report the Department of Education directly by recognized 

accrediting agencies and state approval agencies. 

7. Does your proactive disclosure process or system involve any collaboration with agency staff 

outside the FOIA office, such as IT or data personnel? If so, describe this interaction. 

Yes. ED’s FSC routinely engaged program office staff through meetings and training 

where proactive postings are encouraged. Posting to ED’s FOIA Reading Room requires 

interaction between the program office and the FSC webpage content manager.

8. Optional -- Please describe the best practices used to improve proactive disclosures and any 

challenges your agency faces in this area. 

ED continues to make headway in regularly improving its practice of proactive disclosures. 

However, workload and human capital realities make meeting accessibility standards 

challenging. Nonetheless, the FSC recently developed a preliminary plan to remediate its 

own documents using an agency-resourced application that scans/evaluate a document’s 

accessibility, identify accessibility failures, and indicates necessary changes in accordance 

with Section 508 of the Rehabilitation Act of 1973. 
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Section IV: Steps Take to Greater Utilize 

Technology 

A key component of FOIA administration is using technology to make information available to 

the public and to gain efficiency in FOIA processing. The Attorney General’s 2022 FOIA 

Guidelines emphasize the importance of making FOIA websites easily navigable and complying 

with the FOIA.gov interoperability requirements. Please answer the following questions to 

describe how your agency is using technology to improve its FOIA administration and the 

public's access to information. 

1. Has your agency reviewed its FOIA-related technological capabilities to identify resources 

needed to respond to current and anticipated FOIA demands? 

Yes. Throughout the reporting year, the FSC meets regularly with internal stakeholders in 

which FOIA-related technology is discussed.

2. Please briefly describe any new types of technology your agency uses to support your FOIA 

program. 

During this reporting period, ED began using the following tools: 

1. CommonLook: The FSC began using a plug-in tool to scan and evaluate 

accessibility compliance in responsive documents before posting to the public 

domain. 

2. Shared Microsoft Teams Channels: The FSC used shared Team channels as 

dedicated digital workspaces that promote collaboration, file sharing, and 

open communication between team members. 

3. Case Management Queues: The FSC created multiple queues within ED’s

case management system that provides “at a glance” management 

dashboards. These queues have streamlined quality reviews and improved 

processing times.

3. Does your agency currently use any technology to automate record processing? For example, 

does your agency use machine learning, predictive coding, technology assisted review or similar 

tools to conduct searches or make redactions? If so, please describe and, if possible, estimate 

how much time and financial resources are saved since implementing the technology. 

Yes. ED uses Veritas (Clearwell) and Office 365: The FSC’s Administrative Search Unit 

uses these tools to conduct enterprise-wide Boolean and Keyword searches, using syntax 

search language and to manage the resulting document production. This resource reduces 

the agency’s human capital burden of performing manual searches.
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4. OIP issued guidance in 2017 encouraging agencies to regularly review their FOIA websites to 

ensure that they contain essential resources and are informative and user-friendly. Has your 

agency reviewed its FOIA website(s) during the reporting period to ensure it addresses the 

elements noted in the guidance? 

Yes, ED routinely reviews it FOIA website.

5. Did all four of your agency's quarterly reports for Fiscal Year 2023 appear on FOIA.gov? 

Yes. All four quarterly reports were posted and appear on FOIA.gov. 

6. If your agency did not successfully post all quarterly reports on FOIA.gov, please explain why 

and provide your agency’s plan for ensuring that such reporting is successful in Fiscal Year 

2024. 

N/A. ED successfully posted all quarterly reports on FOIA.gov. 

7. The FOIA Improvement Act of 2016 requires all agencies to post the raw statistical data used 

to compile their Annual FOIA Reports. Please provide the link to this posting for your agency’s 

Fiscal Year 2022 Annual FOIA Report and, if available, for your agency’s Fiscal Year 2023 

Annual FOIA Report. 

ED’s raw statistical data can be found here. 

8. In February 2019, DOJ and OMB issued joint Guidance establishing interoperability standards 

to receive requests from the National FOIA Portal on FOIA.gov. Are all components of your 

agency in compliance with the guidance? 

Yes. All components are in compliance with the established interoperability standards. 

9. Optional -- Please describe the best practices used in greater utilizing technology and any 

challenges your agency faces in this area. 
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Section V: Steps Taken to Remove Barriers 

to Access, Improve Timeliness in Responding 

to Requests, and Reduce Backlogs

The Attorney General’s 2022 FOIA Guidelines instruct agencies “to remove barriers to 

requesting and accessing government records and to reduce FOIA processing backlogs.” Please 

answer the following questions to describe how your agency is removing barriers to access, 

improving timeliness in responding to requests, and reducing FOIA backlogs. 

A. Remove Barriers to Access

1. Has your agency established alternative means of access to first-party requested records, 

outside of the typical FOIA or Privacy Act process? 

Yes. ED has established an alternative means of access to first-party requested records 

outside of the typical FOIA and Privacy Act processes. 

2. If yes, please provide examples. If no, please indicate why not. Please also indicate if you do 

not know. 

ED established a website that allows inquirers to find out accreditation information outside 

of the FOIA process, see generally: https://www.ed.gov/accreditation?src=rn. ED also 

engaged with students, parents, third-party representatives by responding to their 

inquiries and redirecting them to informational resources, such as: 

https://studentprivacy.ed.gov/audience/parents-and-students, and usually outside of the 

FOIA process.

3. Please describe any other steps your agency has taken to remove barriers to accessing 

government information. 

During this reporting period, the Chief FOIA Officer reviewed delegations of authority, 

such as delegated denial authority, to determine how redelegations, modifications or new 

delegations might improve efficiencies and reduce barriers to accessing government 

information. 

B. Timeliness

4. For Fiscal Year 2023, what was the average number of days your agency reported for 

adjudicating requests for expedited processing? Please see Section VIII.A. of your agency's 

Fiscal Year 2023 Annual FOIA Report. 

The average number of days was 9.46. 
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5. If your agency's average number of days to adjudicate requests for expedited processing was 

above ten calendar days, according to Section VIII.A. of your agency's Fiscal Year 2023 Annual 

FOIA Report, please describe the steps your agency will take to ensure that requests for 

expedited processing are adjudicated within ten calendar days or less. 

N/A. ED’s number of days to adjudicate requests for expedited processing was less than ten 

calendar days. 

6. Does your agency utilize a separate track for simple requests?

Yes. ED utilizes a separate track for simple requests.

7. If your agency uses a separate track for simple requests, according to Annual FOIA Report 

section VII.A, was the agency overall average number of days to process simple requests twenty 

working days or fewer in Fiscal Year 2023? 

No. ED’s processing time for simple requests for Fiscal Year 2023 was not twenty working 

days or fewer.

8. If not, did the simple track average processing time decrease compared to the previous Fiscal 

Year?

No. The simple track average processing time did not decrease compared to the previous 

Fiscal Year. 

9. Please provide the percentage of requests processed by your agency in Fiscal Year 2023 that 

were placed in your simple track. Please use the following calculation based on the data from 

your Annual FOIA Report: (processed simple requests from Section VII.C.1) divided by 

(requests processed from Section V.A.) x 100. 

During Fiscal Year 2023, 32% of the 2,385 requests processed were placed in the simple 

track.

10. If your agency does not track simple requests separately, was the average number of days to 

process all non-expedited requests twenty working days or fewer? 

N/A. ED tracks simple requests separately.

C. Backlogs

Backlogged Requests

11. If your agency had a backlog of requests at the close of Fiscal Year 2023, according to 

Annual FOIA Report Section XII.D.2, did that backlog decrease as compared with the backlog 

reported at the end of Fiscal Year 2022? 
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No. ED’s FOIA backlog did not decrease. 

12. If not, according to Annual FOIA Report Section XII.D.1, did your agency process more 

requests during Fiscal Year 2023 than it did during Fiscal Year 2022? 

Yes. ED processed 2,385 requests during Fiscal Year 2023 compared to 1,462 requests in 

Fiscal Year 2022. 

13. If your agency’s request backlog increased during Fiscal Year 2023, please explain why and 

describe the causes that contributed to your agency not being able to reduce its backlog. When 

doing so, please also indicate if any of the following were contributing factors: 

• An increase in the number of incoming requests 

• A loss of staff

• An increase in the complexity of the requests received (if possible, please provide 

examples or briefly describe the types of complex requests contributing to your backlog 

increase)

• Litigation

• Any other reasons – please briefly describe or provide examples when possible 

ED experienced a few contributing factors that prevented the Department from reducing 

the backlog, including a significant increase in the number of new requests. In addition, 

ED’s FSC experienced a loss of resources in that its contract staff was reduced by 80%. 

The FSC’s FOIA program continued to make numerous procedural changes during this 

reporting period intended to increase efficiency. These resource and procedural changes

require near term adjustments and training for staff. 

14. If you had a request backlog, please report the percentage of requests that make up the 

backlog out of the total number of requests received by your agency in Fiscal Year 2023. Please 

use the following calculation based on data from your Annual FOIA Report: (backlogged 

requests from Section XII.A) divided by (requests received from Section V.A) x 100. This 

number can be greater than 100%. If your agency has no request backlog, please answer with 

“N/A.”

The percentage of requests that make up the backlog of the total number of requests 

received by ED in Fiscal Year 2023 is 70.2%. 

Backlogged Appeals

15. If your agency had a backlog of appeals at the close of Fiscal Year 2023, according to 

Section XII.E.2 of the Annual FOIA Report, did that backlog decrease as compared with the 

backlog reported at the end of Fiscal Year 2022? 

No. ED’s appeals backlog did not decrease.
26

16. If not, according to section XII.E.1 of the Annual FOIA Report, did your agency process 

more appeals during Fiscal Year 2023 than it did during Fiscal Year 2022?No. ED did not 

process more appeals during Fiscal Year 2023 than it did during Fiscal Year 2022. 

 17. If your agency’s appeal backlog increased during Fiscal Year 2023, please explain why and 

describe the causes that contributed to your agency not being able to reduce its backlog. When 

doing so, please also indicate if any of the following were contributing factors: 

• An increase in the number of incoming appeals 

• A loss of staff

• An increase in the complexity of the requests received (if possible, please provide 

examples or briefly describe the types of complex requests contributing to your backlog 

increase)

• Litigation

• Any other reasons – please briefly describe or provide examples when possible 

ED focused on closing the 10 oldest appeals during Fiscal Year 2023, which were complex 

in nature. Although this approach resulted in the closure of the 10 oldest, the appeals 

backlog grew by one appeal. 

18. If you had an appeal backlog please report the percentage of appeals that make up the 

backlog out of the total number of appeals received by your agency in Fiscal Year 2023. Please 

use the following calculation based on data from your Annual FOIA Report: (backlogged 

appeals from Section XII.A) divided by (appeals received from Section VI.A) x 100. This 

number can be greater than 100%. If your agency did not receive any appeals in Fiscal Year 

2023 and/or has no appeal backlog, please answer with "N/A." 

The percentage of appeals that make up the backlog out of the total number of appeals 

received by ED in Fiscal Year 2023 is 77.7%. 

D. Backlog Reduction Plans

19. In the 2023 guidelines for Chief FOIA Officer Reports, any agency with a backlog of over 

1000 requests in Fiscal Year 2022 was asked to provide a plan for achieving backlog reduction in 

the year ahead. Did your agency implement a backlog reduction plan last year? If so, describe 

your agency’s efforts in implementing this plan and note if your agency was able to achieve 

backlog reduction in Fiscal Year 2023? 

Yes. ED implemented a backlog reduction plan last year. Unfortunately, ED was unable to 

achieve backlog reduction in Fiscal Year 2023. 

20. If your agency had a backlog of more than 1,000 requests in Fiscal Year 2023, please explain 

your agency’s plan to reduce this backlog during Fiscal Year 2024. 

ED intends to reduce the backlog during Fiscal Year 2024 with established processing goals 

throughout the year. Continuous monitoring of cases processed will provide FSC 
27

leadership insight into the progress. Also, improved performance metrics have been added 

to ED’s FOIA professionals' performance plans.

The Department continues to provide FOIA training within ED to reach more non-FOIA 

professionals, ensuring these subject matter experts understand their obligation to search 

for and produce responsive records timely.

E. Reducing the Age of Requests, Appeals, and Consultations

Ten Oldest Requests

21. In Fiscal Year 2023, did your agency close the ten oldest pending perfected requests that 

were reported in Section VII.E. of your Fiscal Year 2022 Annual FOIA Report? 

No. ED did not close the ten oldest pending FOIA requests.

22. If no, please provide the number of these requests your agency was able to close by the end 

of the fiscal year, as listed in Section VII.E of your Fiscal Year 2022 Annual FOIA Report. If 

you had less than ten total oldest requests to close, please indicate that. 

ED closed 9 of the 10 oldest requests by the end of the fiscal year. 

23. Beyond work on the ten oldest requests, please describe any steps your agency took to reduce 

the overall age of your pending requests. 

The FSC continues to meet with program offices throughout the fiscal year to assist them 

with developing individual backlog plans.

During this reporting period, the FSC conducted familiarization meetings with program 

offices within ED. The purpose of these meetings is to help the FSC learn more about the 

program office and their records. Having this knowledge of the responsive records will 

improve the timeliness of the record review by the FSC staff. In addition, these meetings 

afforded FSC the opportunity to reinforce program office staff understanding of FOIA 

responsibilities and ED processes and procedures for meeting them. 

Ten Oldest Appeals

24. In Fiscal Year 2023, did your agency close the ten oldest appeals that were reported pending 

in Section VI.C.5 of your Fiscal Year 2022 Annual FOIA Report? 

Yes. ED closed the 10 oldest appeals. 

25. If no, please provide the number of these appeals your agency was able to close by the end of 

the fiscal year, as listed in Section VII.C.(5) of your Fiscal Year 2022 Annual FOIA Report. If 

you had less than ten total oldest appeals to close, please indicate that. 
28

N/A. 

26. Beyond work on the ten oldest appeals, please describe any steps your agency took to reduce 

the overall age of your pending appeals. 

The FSC met with program offices throughout the fiscal year and assisted them with 

developing individual backlog plans. 

Ten Oldest Consultations

27. In Fiscal Year 2023, did your agency close the ten oldest consultations that were reported 

pending in Section XII.C. of your Fiscal Year 2022 Annual FOIA Report? 

Yes. ED closed the 10 oldest consultations. 

28. If no, please provide the number of these consultations your agency was able to close by the 

end of the fiscal year, as listed in Section XII.C. of your Fiscal Year 2022 Annual FOIA 

Report. If you had less than ten total oldest consultations to close, please indicate that. 

N/A. 

Additional Information Regarding Ten Oldest

29. If your agency did not close its ten oldest pending requests, appeals, or consultations, please 

explain why and provide a plan describing how your agency intends to close those “ten oldest” 

requests, appeals, and consultations during Fiscal Year 2024. 

ED was unable to close one of the ten oldest pending requests this Fiscal Year. This request 

was complex and consisted of a voluminous number of responsive records, involving

several external consultations. 

ED is confident it will be able to close the 10 oldest requests during the current Fiscal Year. 

ED’s plan will be to continue meeting with the assigned program offices and follow up on 

developed individual backlog reduction plans. These meetings allow the FSC to understand 

the challenges the program offices are facing and assist as needed.

F. Additional Information about FOIA Processing

30. Were any requests at your agency the subject of FOIA litigation during the reporting 

period? If so, please describe the impact on your agency’s overall FOIA request processing and 

backlog. If possible, please indicate: 

• The number and nature of requests subject to litigation 

• Common causes leading to litigation

• Any other information to illustrate the impact of litigation on your overall FOIA 

administration
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Yes. For this reporting period, 17 FOIA requests became the subject of litigation. 

Constructive denials were the most common issue leading to litigation, causing a ripple 

effect, and making it even more difficult for ED to make subsequent release determinations

within the statutory timeline. With limited resources and an already stretched-thin staff, 

responding to litigative requirements negatively impacted the Department’s ability to keep 

pace and consequently was a significant factor in the growing backlog.