Education Law Center v. Schools Development Authority

In November 2013 the American Civil Liberties Union of New Jersey filed a complaint on behalf the Education Law Center against the New Jersey School Development Authority to contest the denial of an OPRA request for the Facilities Condition Reports (FCR) for four public schools. FCRs are itemized lists of the physical conditions of schools. The agency denied the request asserting that the requested materials were not “final” and were therefore exempt as advisory, consultative or deliberative material. The ACLU-NJ argued that purely factual information is not deliberative and that any deliberative narrative could be redacted. The trial court agreed with the agency. After an appeal was filed, the Department of Education finalized and released the requested documents.

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