Holocaust Survey (South Colonie Central School District)

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

By way of background, on August 10, 2022, Governor Kathy Hochul signed into law Chapter 490 of the Laws of 2022 requiring a survey regarding instruction on the Holocaust within New York State public school districts. Through the survey, superintendents are required to attest that the district is teaching about the Holocaust appropriately as part of classroom instruction aligned with the NYS Social Studies Learning Standards and §801 of Education Law.

In October 2022, Deputy Commissioner Angelique Johnson-Dingle sent a memo to public school superintendents including a copy of that survey and instructions for accessing and submitting the survey via the SED Monitoring and Vendor Performance System in the NYSED Business Portal.

Pursuant to the New York Freedom of Information Law, I hereby request all of the Holocaust Instruction Survey responses submitted since August 10, 2022.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Jackson Parker

I am writing to appeal the denial of my request for access to records under the New York Freedom of Information Law (FOIL) that I submitted on 3/6/23. The response I received indicated that the requested records are too broad, that some requests ask the agency to create documents, and that the requested records may be produced by other New York State agencies. Additionally, the response stated that some of the requested records are interagency communications.

While I understand that other New York State agencies may have similar data, I believe that your agency is in the best position to provide the specific records I have requested. As I stated in my initial request, I am seeking access to all Holocaust Instruction Survey responses submitted since August 10, 2022. These records are critical to understanding how public school districts are implementing the NYS Social Studies Learning Standards and §801 of Education Law in relation to instruction on the Holocaust. Without these records, it is impossible to assess whether these standards are being met and whether the public is being adequately informed about this critical topic.

Furthermore, I believe that the requested records are not too broad, as they are narrowly focused on a specific survey and date range. As such, I do not believe that my request requires the creation of new records, as the requested records should already exist in your agency's possession.

I would like to request a written explanation of any exemptions or reasons for denial of access, as required under FOIL. I believe that any applicable exemptions should be narrowly construed in accordance with the law, and that the public interest in disclosure outweighs any privacy or confidentiality concerns that may exist.

Finally, I would like to emphasize the importance of transparency and accountability in government, and the critical role that FOIL plays in promoting these values. The requested records are essential to ensuring that the New York State Education Department is fulfilling its obligations under the law, and I believe that they should be made available to the public.

In light of the foregoing, I respectfully request that you reconsider your denial of my request for access to the requested records. If you require any additional information or clarification, please do not hesitate to contact me.

Thank you for your attention to this matter.