FOIL Request for Data Supporting Assumptions and Judgments in NYSED's Culturally Responsive-Sustaining Education Framework
| Tracking # |
FL-EM-23/350 |
| Submitted | March 18, 2023 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
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 writing to request access to statistical tabulations and data related to the "unbalanced conditions" outlined in the Culturally Responsive-Sustaining Education Framework. Specifically, I am requesting data related to the following items:
1. Lack of access to quality education due to underfunding of schools in low-income areas
2. Discrimination based on race, gender, sexual orientation, or other factors
3. Limited opportunities for career and personal advancement for individuals from certain backgrounds
4. Lack of representation and visibility of diverse perspectives in curriculum and teaching materials
5. Implicit biases held by teachers, administrators, and other education professionals that impact student experiences and outcomes
6. Inadequate support for students with disabilities or learning differences
7. Language barriers for students and families who speak languages other than English
8. Insufficient engagement with families and communities, especially those who have historically been marginalized
9. Limited access to technology and internet connectivity for students from low-income families
I would like the data to include any assumptions or judgments made in the Culturally Responsive-Sustaining Education Framework for which the statistical tabulations and data should support.
Thank you for your attention to this matter.
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: 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 18, 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: New York State Education Department
Dear Mr. Parker:
This is to acknowledge receipt of your Freedom of Information Law (FOIL) request for State Education Department (SED) records regarding:
1. Lack of access to quality education due to underfunding of schools in low-income areas
2. Discrimination based on race, gender, sexual orientation, or other factors
3. Limited opportunities for career and personal advancement for individuals from certain backgrounds
4. Lack of representation and visibility of diverse perspectives in curriculum and teaching materials
5. Implicit biases held by teachers, administrators, and other education professionals that impact student experiences and outcomes
6. Inadequate support for students with disabilities or learning differences
7. Language barriers for students and families who speak languages other than English
8. Insufficient engagement with families and communities, especially those who have historically been marginalized
9. Limited access to technology and internet connectivity for students from low-income families
The reference number for this request is FL-EM-23/350. 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 §87[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
-
~WRD1179
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 18, 2023. You had previously indicated that it would be completed on April 24, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #FL-EM-23/350.
Thanks for your help, and let me know if further clarification is needed.
From: New York State Education Department
Mr. Parker:
The following is in response to your FOIL request, dated March 18, 2023, for “statistical tabulations and data related to the ‘unbalanced conditions’ outlined in the Culturally Responsive-Sustaining Education Framework.”
Your request is granted in part and denied in part. The CR-S Framework contains a detailed listing of the studies, research, and writings that are referenced throughout the Framework (see pages 55-59 of the attached CR-S Framework). The Department does not possess data or documents (beyond those referenced in the CR-S Framework) that specifically respond to your request. An agency is under no obligation to furnish documents it does not possess (see Public Officers Law § 89[3][a]; see also 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 response, you may do so within 30 days by emailing FOILappeal@nysed.gov<mailto:FOILappeal@nysed.gov> or 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
-
~WRD1031
From: Jackson Parker
I am writing to appeal the determination of my Freedom of Information Law (FOIL) request, dated 3/18/23, for statistical tabulations and data related to the "unbalanced conditions" outlined in the Culturally Responsive-Sustaining Education Framework. I received a response to my FOIL request on 4/26/23, denying my request in part and stating that the Department does not possess data or documents beyond those referenced in the CR-S Framework that specifically respond to my request.
In your response, you indicated that the CR-S Framework contains a detailed listing of the studies, research, and writings that are referenced throughout the Framework, and that the Department does not possess data or documents (beyond those referenced in the CR-S Framework) that specifically respond to my request. However, as I noted in my original request, I am seeking access to statistical tabulations and data related to the nine items outlined in my request, and I believe that the Department must possess such data and documents in order to have produced a comprehensive framework on Culturally Responsive-Sustaining Education. Therefore, I respectfully disagree with your determination that the Department does not possess any responsive records beyond those referenced in the CR-S Framework.
To further clarify my request, I would like to focus specifically on any research or data conducted by the Department or referenced in the CR-S Framework related to the nine items outlined in my original request. I believe that this data is crucial to understanding the issues of equity and access in education that the CR-S Framework seeks to address, and I request that the agency provide me with access to this information.
As stated in my original FOIL request, 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.
I appreciate your attention to this matter and your assistance in ensuring that the Department complies with its obligations under FOIL. I look forward to your response within the timeframe required by law.
From: New York State Education Department
A letter stating that the request appeal has been rejected.
Files
pages