FOIL Request for Information on COVID-19 Tests and Masks Distribution to Schools (New York State Education Department)
| Tracking # |
FL-EM-23/1172 |
| Multi Request | FOIL Request for Information on COVID-19 Tests and Masks Distribution to Schools |
| Submitted | Sept. 15, 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:
1. All communications between the Governor's Office and/or the State Education Department and/or Boards of Cooperative Educational Services (BOCES) regarding the distribution of COVID-19 rapid test kits and N-95 and KN-95 masks to schools, dated from January 1, 2023, to the present.
2. Records of all requests submitted by school districts and BOCES for COVID-19 rapid test kits and N-95 and KN-95 masks, dated from January 1, 2023, to the present.
3. Inventory records detailing the quantities of COVID-19 rapid test kits and N-95 and KN-95 masks that have been delivered to each BOCES for distribution to school districts, dated from January 1, 2023, to the present.
4. Any and all guidelines, memos, or advisories issued by the Governor's Office or the New York State Department of Health (DOH) regarding the distribution of COVID-19 rapid test kits and masks to schools, dated from January 1, 2023, to the present.
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
Dear Mr. Parker:
This is to acknowledge receipt of your Freedom of Information Law (FOIL) request for State Education Department (SED) records regarding COVID-19 test kits and mask distribution. The reference number for this request is FL-EM-23/1172. Please be advised that you will hear further from the Department by approximately October 20, 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
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~WRD3380
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 Sept. 18, 2023. You had previously indicated that it would be completed on Oct. 20, 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-23/1172.
Thanks for your help, and let me know if further clarification is needed.
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 Sept. 18, 2023. You had previously indicated that it would be completed on Oct. 20, 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-23/1172.
Thanks for your help, and let me know if further clarification is needed.
From: New York State Education Department
Dear Mr. Parker:
The following is in response to your FOIL request (FL-EM-23/1172) regarding:
1. All communications between the Governor's Office and/or the State Education Department and/or Boards of Cooperative Educational Services (BOCES) regarding the distribution of COVID-19 rapid test kits and N-95 and KN-95 masks to schools, dated from January 1, 2023, to the present.
2. Records of all requests submitted by school districts and BOCES for COVID-19 rapid test kits and N-95 and KN-95 masks, dated from January 1, 2023, to the present.
3. Inventory records detailing the quantities of COVID-19 rapid test kits and N-95 and KN-95 masks that have been delivered to each BOCES for distribution to school districts, dated from January 1, 2023, to the present.
4. Any and all guidelines, memos, or advisories issued by the Governor's Office or the New York State Department of Health (DOH) regarding the distribution of COVID-19 rapid test kits and masks to schools, dated from January 1, 2023, to the present.
received on September 18, 2023.
Your request is granted in part and denied in part.
Please find the responsive documents for part one attached. Records were also redacted and withheld pursuant to Public Officers Law §87(2)(g), as inter/intra agency communications. After a review of such records, it was determined that they contain non-final communications which express opinion, advice, recommendations, and the like (see Public Officers Law §87[2][g][iii]).
In response to parts two through four, please be advised the State Education Department does not possess these records. The Freedom of Information Law does not require an agency to prepare any record not possessed or maintained by the agency (Public Officers Law Section 89[3][a]); therefore, those portions of your request are denied.
You may wish to contact the NYS Governor’s Office or the NYS Department of Health regarding those portions.
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
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~WRD1981
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