Free Letter - District Court of Delaware - Delaware

Case 1:07—cv—00668-LPS Document 14 Filed 05/30/2008 Page 1 of 2
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JOSEPH R- BIDEN, III 102 west w/mea smear F;iX?3og 7641
ATTORNEY GENERAL Dov5R_ DE 19904 T-I-Y (302) 739-1545
May 27, 2008
The Honorable Leonard P. Stark E
U.S. District Court for the g
District of Delaware ··<
844 North King Street ecb)
Lock Box 26 ..¤
Wilmington, DE 19801 3
RE: Anello v. Indian River School District 5 ”* =S
Case Number 07-6687 (LPS) 10*** I
Dear Magistrate Stark:
On or about May 14, 2008, Valerie A. Woodrufi Secretary of Education,
Delaware Department of Education, was served with a civil subpoena in the above
referenced matter. Specifically, the subpoena, directs Secretary Woodruff to tile the
"administrative records and the Sussex County Family Court January 19, 2007 Order for
DP case #05-02 and 07-20; File CS05-02707 Case No. 05-32017” at the U. S. District
Court on or before June 7, 2008. (A copy of the subpoena is enclosed.) This letter is
intended to assist the parties and the Court in receiving the record.
The Department of Education is not a party to this proceeding. In order to respect
the confidential nature of the administrative record below and the student’s rights under
the Family Educational Rights and Privacy Act, Department practice has been to require
the parties to obtain a court order directing the Department to {ile the record with the
Court in special education administrative appeals.
Pursuant to 14 Del. C. § 3l42(c), the Department is the custodian of the
administrative record and the Secretary, or the Secretary designee, shall certify and file
with the Court the record of the administrative hearing, including all documents
submitted, transcripts of all testimony and the decision of the hearing panel. Upon
receipt of an Order in this matter, the Department will comply and tile the administrative
record forthwith.

Case 1 :07-cv-00668-LPS Document 14 Filed 05/30/2008 Page 2 of 2
Thank you for your consideration.
Mary . C ok?7
\ Deputy Attorney General
Cc: Dr. Peter T. Dalleo, Clerk
Maureen Anello
James H. McMackin, Esquire
The Honorable Valerie A. Woodruff
Martha Toomey

Case 1:07-cv-00668-LPS

Document 14

Filed 05/30/2008

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Case 1:07-cv-00668-LPS

Document 14

Filed 05/30/2008

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