FOIL Request for Records Related to Communications with American Academy of Pediatrics and Council on School Health (Duanesburg Central School District)
It is a clone of this request.
| Multi Request | FOIL Request for Records Related to Communications with American Academy of Pediatrics and Council on School Health |
| Submitted | March 6, 2023 |
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Communications
From: Jackson Parker
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
I am seeking all records related to the American Academy of Pediatrics (AAP) and the Council on School Health (COSH), including any communications or correspondence between the school district and these organizations, or any other party that may have provided information to the district from these organizations.
To help identify responsive records, you can limit your time period to 1/1/2017 until the date of final response; also I request that you search for the following terms, which are focused on the American Academy of Pediatrics and its affiliated organizations:
"American Academy of Pediatrics"
"AAP"
"Council on School Health"
"COSH"
"pediatric"
"child health"
"school health"
Please include records of any type, including but not limited to emails, letters, memoranda, reports, meeting minutes, presentations, and any other records of communication or correspondence between the American Academy of Pediatrics, the Council on School Health, and the school district or any other party that may have provided information to the district from these organizations.
If no records are responsive to this request, please provide a certification of that fact pursuant to Public Officers Law §89(3), and inform me of the district's obligations under LGS-01 to retain records until any appeal has been resolved.
If any records are withheld, please provide an explanation of the legal basis for the withholding.
If my request is denied in whole or in part, please provide a written explanation of the reasons for the denial.
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
From: Duanesburg Central School District
We are in receipt of your request for information, received by this office
on March 6, 2023 as it is a request for documents and/or records, I am
considering it made pursuant to the Freedom of Information Law (“FOIL”).
We will review the request and compile the available information you are
requesting. I will respond to your specific requests within twenty(20)
business days.
Record Access Officer
Jeffrey Rivenburg
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From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 7, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 7, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 7, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 7, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 7, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 7, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 7, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Duanesburg Central School District
Jackson parker:
This will respond to your correspondence dated March 05, 2023
which purports to be a request made pursuant to the New York State Freedom
of Information Law (“FOIL”) and which I responded on March 10, 2023. I am
responding to your request as the Records Access Officer of Duanesburg
Central School District. In your request you attempt to obtain information
about FOIL Request for Records Related to Communications with American
Academy of Pediatrics and Council on School Health (Duanesburg Central
School District)
Please be advised that your request is denied due to the fact
that the district does not communicate with the American Academy of
Pediatrics. Due to this factor, the district does not possess
communication connecting the American Academy of Pediatrics with "American
Academy of Pediatrics"
"AAP"
"Council on School Health"
"COSH"
"pediatric"
"child health"
"school health"
Therefore, I have determined that this request is considered complete. No
other further documentation is available.
Pursuant to FOIL, you have a right to appeal a denial of any
portion of your request. Any appeal of this decision should be made within
thirty (30) days, in writing to Superintendent of Duanesburg Central School
District. Duanesburg Central School District can be contacted at 133
School Drive, Delanson, NY 12053.
I conclude,
Jeffrey Rivenburg
Records Access Officer
Duanesburg Central School District
Jeffrey Rivenburg
Assistant Superintendent of Management Services
Duanesburg Central School District
133 School Drive, Delanson, NY 12053
www.duanesburg.org | 518.895.2279
--
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
This message contains confidential information and is intended only for the
individual named. If you are not the named addressee you should not
disseminate, distribute or copy this e-mail. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system. If you are not the intended recipient
you are notified that disclosing, copying, distributing or taking any
action in reliance on the contents of this information is strictly
prohibited.
From: Jackson Parker
I am writing to appeal the denial of my Freedom of Information Law (FOIL) request dated March 05, 2023, in which I sought records related to communications with the American Academy of Pediatrics and the Council on School Health. The denial letter, dated June 27, 2023, stated that the district does not communicate with the American Academy of Pediatrics, and therefore, does not possess any related communications.
However, I have reason to believe that this is not the case. It is known that at a minimum on multiple occasions (Mar 9, 2020, Jun 26, 2020, Jun 28, 2020, Aug 5, 2020, Sep 28, 2020, Dec 30, 2020, Jan 27, 2021), materials were sent from Anita Murphy of BOCES to Jeffrey Ziegler and James Niedermeier with materials and guidance from or with reference to the American Academy of Pediatrics (AAP). Furthermore, the district's reopening plan, publicly available on the district's website, explicitly states reliance on information from the AAP.
Given this evidence, it is reasonable to conclude that the district is in possession of materials from or referencing the AAP. If the district does not possess these materials, as per your rejection, it raises concerns that the district may not have exercised appropriate due diligence. Instead, it appears that statements from other sources may have been repeated without thorough review, potentially bypassing the fiduciary and oath-based obligations for due diligence incumbent upon board members and senior officials at the district.
Additionally, the rejection letter does not mention that a diligent search has been conducted, which is a requirement under the Freedom of Information Law. This omission further supports the observation that this is a knowingly willful denial of access.
I kindly request that you conduct a diligent search for the requested records and provide them in accordance with the Freedom of Information Law. If my appeal is denied, I request a written explanation citing the reasons for the denial.
From: Duanesburg Central School District
Appeal Response attached
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