FOIL: Involvement with and Influences from GARE (New York State Education Department)

Jackson Parker filed this request with the New York State Education Department of New York.
Multi Request FOIL: Involvement with and Influences from GARE
Submitted March 18, 2023
Est. Completion None
Status
No Responsive Documents

Communications

From: Jackson Parker

Subject: New York Freedom of Information Law Request: FOIL: Involvement with and Influences from GARE (New York State Education Department)

Email

To Whom It May Concern:

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

I am writing to request records pursuant to the New York State Freedom of Information Law (FOIL) (Public Officers Law Article 6) regarding the involvement of the agency with the Government Alliance on Race and Equity (GARE) or The Local & Regional Government Alliance on Race and Equity and/or an organization by the name "Race Forward" and/or an organization by the name "[the] Center for Social Inclusion" collectively referred to as GARE.

I am requesting access to any and all records, documents, communications, or other materials related to the following:

1. Any contracts or agreements between the agency and GARE or any related organizations.
2. Any training materials or presentations related to racial equity, diversity, or inclusion that the agency has used or received from GARE or any related organizations.
3. Any policies or programs related to racial equity, diversity, or inclusion that have been influenced by GARE or any related organizations.
4. Any reports, data, or other information related to the agency's efforts to promote racial equity or reduce racial disparities among students, faculty, staff, or the community at large, in collaboration with GARE or any related organizations.
5. Any meeting minutes or other records of discussions or decision-making related to the agency's involvement with GARE or any related organizations.

Please include all documents and materials from January 1, 2016, to the present.

If any portion of my request is denied, please provide a written explanation for the denial, citing the specific FOIL exemption(s) that justify 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: New York State Education Department

Subject: RE: New York Freedom of Information Law Request: FOIL: Involvement with and Influences from GARE (New York State Education Department)

Email

Dear Mr. Parker:

This is to acknowledge receipt of your Freedom of Information Law (FOIL) request for State Education Department (SED) records regarding:
1. Any contracts or agreements between the agency and GARE or any related organizations.
2. Any training materials or presentations related to racial equity, diversity, or inclusion that the agency has used or received from GARE or any related organizations.
3. Any policies or programs related to racial equity, diversity, or inclusion that have been influenced by GARE or any related organizations.
4. Any reports, data, or other information related to the agency's efforts to promote racial equity or reduce racial disparities among students, faculty, staff, or the community at large, in collaboration with GARE or any related organizations.
5. Any meeting minutes or other records of discussions or decision-making related to the agency's involvement with GARE or any related organizations.
The reference number for this request is FL-EM-23/351. Please be advised that you will hear further from the Department by approximately April 24, 2023 as to whether your request will be granted or denied in whole or in part.

SED charges the statutorily permitted fees under FOIL. These include $.25 per page for photocopies or the actual cost of reproducing records requested under FOIL (Public Officers Law ยง87[1][b][iii]). Payment must be made to the NYS Education Department by check or money order. Do not send any payment until you are notified that your request is granted and informed of the charge for your request. If your request is granted, the records will be provided to you in the manner requested (i.e. hardcopy or electronic), or if not specified, in a reasonable manner selected by this office.

If your request is granted, and there is a fee, one of the following will happen:

1. If your request can be filled immediately, and the total photocopy or reproduction fee is under $25.00, staff will forward the requested records to you with a statement what you owe. Or:

2. If the reproduction fee or photocopy fee for your request is $25.00 or more, you will be advised of the page count (+100 pages) or other expenses and the fee(s) owed in advance of our providing the records. Upon receipt of payment, staff will photocopy or otherwise reproduce the requested records and transmit, as appropriate. Or:

3. If it will take time to locate and/or photocopy or otherwise reproduce the records you have requested, you will be given a date by which you will be provided with a page count and/or estimated cost to fulfil your request.

Please note, there is no provision in law or regulation requiring the waiver of a fee under FOIL.
Regards,
Records Access Officer

From: New York State Education Department

Subject: RE: New York Freedom of Information Law Request: FOIL: Involvement with and Influences from GARE (New York State Education Department)

Email

Jackson Parker
C/O MuckRock News
DEPT MR 143030
263 Huntington Ave
Boston, MA 02115
requests@muckrock.com<mailto:requests@muckrock.com>

Dear Mr. Parker:

This is in response to your Freedom of Information Law (FOIL) request, dated March 20, 2023, for the following State Education Department records:
1. Any contracts or agreements between the agency and GARE or any related organizations.
2. Any training materials or presentations related to racial equity, diversity, or inclusion that the agency has used or received from GARE or any related organizations.
3. Any policies or programs related to racial equity, diversity, or inclusion that have been influenced by GARE or any related organizations.
4. Any reports, data, or other information related to the agency's efforts to promote racial equity or reduce racial disparities among students, faculty, staff, or the community at large, in collaboration with GARE or any related organizations.
5. Any meeting minutes or other records of discussions or decision-making related to the agency's involvement with GARE or any related organizations.

Your request is denied as the Department does not possess any of the requested documents or records. An agency is under no obligation to furnish documents it does not possess (see Matter of Walsh v Wasser, et al., 225 AD2d 911 [3rd Dept 1996]; Matter of Adams v Hirsch, et al., 182 AD2d 583 [1st Dept 1992]).

If you wish to appeal this decision, you may do so within 30 days by writing to:

Betty A. Rosa
Commissioner of Education
NYS Education Department
Room 111, Education Building
89 Washington Avenue
Albany, NY 12234

Sincerely,
Records Access Officer

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