Diversity, Equity, Inclusion materials (Sole Supervisory District Of Albany-schoharie-schenectady-saratoga Counties And Boces (capital Region))

To Whom It May Concern:

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

All materials and correspondence between the district Board of Education, district Administration, district Equity Committee or Office, Faculty, Staff, Third Party Contractors and Consultants related to the following terms, subjects or concepts between April 2021 to the date this request is fulfilled:

Race
Anti-racism
Racism
Equity
Culturally Responsive
Decolonize
Diversity
Implicit Bias
Intersectionality
Microaggression
Oppression
Patriarchy
People of Color
Privilege(d)
Safe Space
Social Justice
Tokenism
White Supremacy

This request shall also include any teachings of such curriculum mentioned above by any faculty employed within the school district, third party contractors, consultants or other third parties invited by the school or agents of the school.

This request shall also include any documents or materials accessed by the school district, but stored on third party service providers on behalf of the district, and links/references/credentials for access to such materials if present in emails or electronic systems or files stored in browser caches, cloud storage (i.e. Google Drive, Dropbox, OneDrive, etc), or local hard drives managed by the district. This request shall also include non-school email and texting services used by the district, board, administration and faculty to conduct activities and business related to the school district (i.e. Gmail, Outlook, etc).

This request shall also include any training material or supplemental information provided to district staff, whether required or suggested.

Please keep in mind, pursuant to the Retention and Disposition Schedule for New York Local Government Records (LGS-01): Any record listed in the LGS-01 Schedule for which a Freedom of Information (FOIL) request has been received should not be destroyed until that request has been answered and until any potential appeal is made and resolved, even if the retention period of the record has passed.

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 formally appeal the delay in response to my Freedom of Information Law (FOIL) request, which was submitted on March 5, 2023. The request sought all materials and correspondence related to various terms, subjects, or concepts pertaining to diversity, equity, and inclusion from April 2021 to the date the request is fulfilled.

As per the New York State Public Officers Law, a response to a FOIL request is required within five business days of the receipt of the request. If more time is needed, the agency must provide a reason for the delay and a date by which the requester can expect a response. While I acknowledge and appreciate the updates provided by your office, the repeated extensions without a substantive response have exceeded reasonable expectations.

The initial estimated completion date provided was April 30, 2023. Subsequent communications pushed this date to May 15, May 26, and most recently, July 31, 2023. As of Aug 11, 2023, I have yet to receive the requested documents or a valid reason for the continued delay.

The purpose of the FOIL is to ensure transparency and accountability in government operations. The repeated delays in responding to this request undermine the spirit of the law and hinder the public's right to access information.

I kindly request that:

The Sole Supervisory District Of Albany-schoharie-schenectady-saratoga Counties And Boces (capital Region) expedite the processing of this request.
Provide a concrete and final date by which I can expect to receive the requested documents.
If there are any specific challenges or reasons for the delay, please communicate them transparently.
I understand that certain circumstances might require additional time to gather and review documents. However, it is essential to balance this with the public's right to timely access to information.

Thank you for your attention to this matter. I look forward to your prompt response.

Hello Sharon,

Thank you for taking the time this morning to discuss next steps regarding these requests and appeals. This is one of the appeals that requires follow up. Please let me know if you need anything else.

Sincerely,

MuckRock Staff

Subject: Urgent Appeal and Response to Denial - FOIL Request ID: 142005-08225841

Dear Superintendent Gemmill,

I am compelled to write to you again to urgently appeal and respond to the handling and denial of my Freedom of Information Law (FOIL) request, ID 142005-08225841, originally submitted on March 5, 2023. This request pertains to the procurement of materials and correspondence related to diversity, equity, and inclusion initiatives within the Capital Region BOCES from April 2021 to the date of fulfillment.

I assert that my FOIL request was reasonably described, enabling your systems to identify what has been referred to as "hundreds of thousands of records" as responsive. This acknowledgment confirms the capability of the Capital Region BOCES to retrieve records that match the specified criteria, thereby deeming them responsive to my request.

Concerns and Clarifications:

Reasonable Description of Records: The assertion that my request was overly broad is contested. The specificity of terms and subjects provided was designed to capture a defined range of materials, which your response has indicated was successfully identified within your records system.
Acknowledgment of System Capability: Your response admits to a "diligent effort" that uncovered a substantial volume of potentially responsive documents. This contradicts the basis for denial and suggests that the request was, in fact, executable within the confines of your records management capabilities.
Lack of Response to Initial Appeal: My initial appeal dated August 11, 2023, has not been substantively addressed. The continued lack of engagement and updates since this appeal contradicts the procedural requirements set forth by New York State FOIL, undermining the transparency and accountability the law seeks to uphold.
Request for Reevaluation: Given the system's proven ability to identify responsive records, I urge a reevaluation of the denial. The volume of records should not be a barrier to access but rather considered responsive in their entirety to the request made.
Appeal for Immediate Action:

In light of these points, I respectfully request immediate action to:

Review the previously communicated denial in the context of the information and clarification provided herein.
Provide a detailed update on the status of my initial appeal sent on August 11, 2023, which remains unanswered.
Establish a concrete and final timeline for the delivery of the requested documents, considering the substantial delay already incurred.
I understand the challenges posed by requests of significant scope. However, the fundamental principles of FOIL mandate that such challenges be navigated to ensure public access to information. The extensive delay and current stance not only hinder this access but also detract from the intended transparency of educational policy and practice discussions within our community.

I appreciate your consideration of this urgent appeal and look forward to a prompt and detailed response. My commitment to engaging constructively remains, should there be any avenue for dialogue to facilitate the resolution of this request.

Thank you for your attention to this critical matter.