FOIL Policy - Freedom of Information
This policy provides information concerning the procedures by which records may be obtained. Personnel shall furnish to the public the information and records required by the Freedom of Information Law (FOIL).
1. Designation of the Records Access Officer.
a. The Board of Trustees is responsible for insuring compliance with the regulations herein, and designates the following person as Records Access Officer:
Assistant Superintendent of Finance
ATTN: FOIL REQUEST
1409 West Genesee St.
Syracuse, NY 13204
b. The Records Access Officer shall insure that school personnel:
1. Maintain an up-to-date subject matter list.
2. Assist persons seeking records to identify the records sought, if necessary.
3. Contact persons seeking records when a request is voluminous or when locating the records involves substantial effort, so that personnel may ascertain the nature of records of primary interest and attempt to reasonably reduce the volume of records requested.
4. Upon locating the records, take one of the following actions:
a. Make records available for inspection, or,
b. Deny access to the records in whole or in part and explain reasons in writing.
5. Upon request for copies of records, make a copy available upon payment or offer to pay established fees, if any, in accordance with Section 5, or,
6. Upon request, certify that a record is a true and accurate copy, and
7. Upon any failure to locate records, certify that:
a. The school is not the custodian for such records, or
b. The records of which the school is a custodian cannot be found after a diligent search.
2. Location and hours.
Records shall be available during all regular school hours for public inspection and copying at:
SANY Charter Schools
1409 West Genesee St.
Syracuse, NY 13204
3. Subject matter list.
1. The Records Access Officer shall maintain a reasonably detailed current list by subject matter of all records in its possession, whether or not records are available pursuant to subdivision 2 of Section 87 of the Public Officers Law.
2. The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.
3. The subject matter list shall be updated annually. The most recent update shall appear on the first page of the subject matter list.
4. Availability of Records.
The school may deny access to requested records or portions thereof for one or more of the following grounds:
1. The records are specifically exempted from disclosure by state or federal statute.
2. Such access would constitute an unwarranted invasion of personal privacy.
3. The records, if disclosed, would impair present or imminent contract awards or collective bargaining negotiations.
4. The records are trade secrets or are submitted to the school by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of such enterprise.
5. The records are compiled for law enforcement purposes and which, if disclosed, would interfere with law enforcement investigations or judicial proceedings, deprive a person of a right to a fair trial or impartial adjudication, identify a confidential source or disclose confidential information relating to a criminal investigation or reveal criminal investigative techniques or procedures, except routine techniques and procedures.
6. The records, if disclosed, would endanger the life or safety of any person.
7. The records are inter-agency or intra-agency materials that are not statistical or factual tabulations of data, instructions to staff that affect the public, or a final policy or external audits.
8. The records constitute examination questions or answers which are requested prior to the final administration of such questions.
9. Disclosure of the records would jeopardize the school’s capacity to guarantee the security of its information technology assets, such assets encompassing both electronic information systems and infrastructures.
1. There shall be no fee charged for inspection of records, search for records, or any certification pursuant to this part.
2. Fees for copies may be charged, provided that:
a. The fee for copying records shall not exceed 50 cents per page for photocopies not exceeding 9 by 14 inches.
b. The fee for copies of records not covered by paragraph (1) of this subdivision shall not exceed the actual reproduction cost which is the average unit cost for copying a record, excluding fixed costs of the school such as operator salaries.
6. Requests for public access to records.
1. Requests to inspect or secure copies of records shall be submitted to the Records Access Officer on a form prescribed by the Records Access Officer. The request shall reasonably describe the record or records sought.
2. A response to the request shall be given within five (5) business days of receipt:
a. Informing a person requesting records that the request or portion of the request does not reasonably describe the records sought;
b. Granting or denying access to records in whole or in part;
c. Providing a written acknowledgement of receipt of the request, including an approximate date that the request will be granted or denied which shall not be more than 20 business days. If a response cannot be provided in twenty business days, then providing a written acknowledgement of receipt of the request, including a date certain that the request will be granted or denied and the reason that the answer cannot be provided in twenty business days.
7. Denial of access to records.
1. Denial of access to records shall be in writing stating the reason therefore and advising the requester of the right to appeal to the individual or body established to determine appeals, with that individual or body identified by name, title, business address and business phone number.
2. If requested records are not provided promptly, as required in Section 6 of these regulations, such failure shall also be deemed a denial of access.
3. The following Appeals Person shall determine appeals regarding denial of access to records under the Freedom of Information Law:
Assistant Superintendent for Accountability
ATTN: FOIL APPEAL
1409 West Genesee St.
Syracuse, NY 13204
4. Any person denied access to records may appeal a denial by providing a written appeal received by the Appeals Person within 30 days of receipt of the denial.
5. The time for deciding an appeal by the individual or body designated to determine appeals shall commence upon the receipt of a written appeal identifying:
a. The date and location of requests for records;
b. A description, to the extent possible, of the records that were denied; and
c. The name and return address of the person denied access.
6. A failure to determine an appeal within ten business days of its receipt by granting access to the records sought or fully explaining the reasons for further denial in writing shall constitute a denial of the appeal.
7. The person or body designated to determine appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to:
Committee on Open Government
Department of State
41 State Street
Albany, NY 12231
8. The person or body designated to determine appeals shall inform the appellant and the General Counsel to the Secretary of State of its determination in writing within ten business days of receipt of an appeal. The determination shall be transmitted to the General Counsel to the Secretary of State in the same manner as set forth in subdivision (7) of this section.
8. Public notice.
A notice containing the title and business address of the records access officer and appeals body and the location where records can be seen or copies shall be posted in a conspicuous location wherever records are kept and/or published in a local newspaper of general circulation.
9. Family Education Rights and Privacy Act.
The school will not disclose any information from a student's education record except as authorized pursuant to the Federal Education Rights and Privacy Act or in response to a subpoena as required by law. The parents or guardians of a student under the age of 18, or a student 18 years of age or older, is entitled to access to the student's school records by submitting a written request to the principal.
If any provision of these regulations or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of these regulations or the application thereof to other persons and circumstances.
Adopted by Resolution #3100 on 1/10/2017 by Board of Trustees