Overview
In accordance with the New York State Freedom of Information Law (Public Officers Law Article 6), [District Name] is committed to providing the public with access to existing records maintained by the district, unless those records are exempt from disclosure under the law.
What is FOIL?
The Freedom of Information Law allows the public to request access to government records, promoting transparency and accountability. More information about FOIL is available at the Committee on Open Government website.
How to Submit a FOIL Request
To request records, please submit a written request that includes:
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A clear and specific description of the records you are requesting
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Your name, mailing address, and email or phone number (for contact)
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Your preferred method of receiving the records (email, paper copy, in-person inspection)
You may submit your request by:
Email:
foil@perucsd.org
(Include “FOIL Request” in the subject line)
Mail:
Krista Devins
Peru Central School District
PO Box 68
Peru NY, 12972
Fax:
518-643-6080
Response Timeline
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The Records Access Officer will respond within 5 business days of receiving your request.
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The response may include:
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Granting access to records
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Denying access (with explanation)
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An acknowledgment with an estimated date for response if more time is needed
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Fees
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Copies: $0.25 per page (up to 9”x14”), or actual cost of reproduction for other formats
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Fees may be waived at the district’s discretion
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You will be notified in advance of any applicable charges
Exemptions and Appeals
Pursuant to New York Public Officers Law §89(4) within ten business days of the receipt of a FOIL appeal an agency shall “fully explain in writing to the person requesting the record the reasons for further denial, or provide access to the record sought;” Failure by an agency to provide such a determination shall constitute a denial. A person denied access to a record in a FOIL appeal determination may bring a proceeding for review of such denial pursuant to article seventy-eight of the civil practice law and rules.
Certain records or portions of records may be withheld under FOIL exemptions, such as:
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Personal privacy concerns
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Student educational records protected under FERPA
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Records exempt under state or federal law
If your request is denied, you may file an appeal within 30 days to:
FOIL Appeals Officer
Kara Bowes
School Business Executive
PO Box 68
Peru NY 12972
Requesting Confidential Educational Record(s), Information or Data
If you are requesting confidential educational record(s), information or data you must fill out the New York State Education Department’s “Verification and Authorization” form and provide the completed signed and notarized form to the Records Access Office. Sample- Verification and Authorization
Requesting Disciplinary Information on a Licensed Professional or Educator
The Freedom of Information Law, while making certain the New York State Education Department records available for inspection or release, does not apply to records that are specifically exempted from disclosure by state or federal statute (Public Officers Law, Section 87(2)(a)).
Section 6510 (8) of the Education Law specifically states “the files of the Department relating to the investigation of possible instances of professional misconduct, or the unlawful practice of any profession licensed by the board of regents, or the unlawful use of a professional title or the moral fitness of an applicant for a professional license or permit, shall be confidential and not subject to disclosure at the request of any person, except upon the order of a court in a pending action or proceeding;”
If you desire disciplinary information about professionals licensed by the New York State Education Department, please visit the state website. Disciplinary information related to physicians is available through the New York State Department of Health’s website.
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