FOIL Request for Records Related to Communications with American Academy of Pediatrics and Council on School Health (North Colonie Central School District)

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

I am writing to appeal a failure to respond to my FOIL request made on 3/7/23. The request was for 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, I requested a search of specific terms.

As of today's date, I have not received a response to my FOIL request. Therefore, I am appealing the lack of response and request that you conduct a diligent search for responsive records and provide them to me in a timely manner.

Furthermore, I would like to modify my original request to narrow the affiliated organizations list to remove references to "pediatric," "child health," and "school health." This modification will allow for a more specific and reasonable description of the records being requested.

Please 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.

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

I hope this email finds you well. I am writing in response to your recent communication regarding my New York Freedom of Information Law (FOIL) request dated 3/7/2023. I appreciate the acknowledgment of receipt and the updates provided thus far.

However, I would like to express my concern regarding the extended timeline for responding to my request. It has come to my attention that you have also extended the deadline to fulfill another FOIL request, as indicated in your email dated May 17, 2023. This raises serious concerns about the district's compliance with the New York Freedom of Information Law and the timely release of public records.

I want to stress the importance of these records, as they are crucial for the public's understanding of how the educational system has responded to the COVID-19 pandemic. The lack of timely access to such information undermines transparency, which is a fundamental principle of effective governance and maintaining public trust in our educational institutions.

To provide you with some context, my original request was made on 3/7/2023, and it seeks records related to the American Academy of Pediatrics (AAP) and the Council on School Health (COSH). The requested documents include 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. The information being sought is of significant public interest, and I believe it is essential to expedite the process of fulfilling this request.

Considering the extensive delays that have transpired thus far, I kindly request that you prioritize the completion of this request and provide the requested records as soon as possible. The New York Freedom of Information Law mandates that agencies respond promptly and within a reasonable period. It is evident that the current timeline for response is beyond what can be deemed as reasonable.

If there are any specific challenges or circumstances that have contributed to these delays, I urge you to communicate them to me at your earliest convenience. By doing so, we can engage in a constructive dialogue and explore potential solutions to ensure compliance with the New York Freedom of Information Law.

Thank you for your attention to this matter, and I sincerely hope that the records can be provided within an expedited timeframe. I look forward to your prompt response and the resolution of this request.

I am writing to formally appeal the implicit denial of my Freedom of Information Law (FOIL) request, which was submitted to the North Colonie Central School District on March 6, 2023.

Background:
My request sought all records related to the American Academy of Pediatrics (AAP) and the Council on School Health (COSH) from January 1, 2017, to the present. This included any communications or correspondence between the district and these organizations, or any other party that may have relayed information to the district from these entities.

Timeline of Correspondence:

March 7, 2023: FOIL request submitted.
March 24, 2023: Receipt of request acknowledged with a response deadline of April 21, 2023.
April 21, 2023: Notification of additional time needed.
May 17, 2023: Further extension communicated with a new deadline of June 16, 2023.
June 16, 2023: Another extension communicated with a deadline of June 30, 2023.
As of Aug 11, 2023 I have not received the requested records or any valid justification for the continued delay. The district has surpassed its own set deadlines without providing the records.

Basis for Appeal:
The implicit denial of my request is in violation of New York's Freedom of Information Law. The prolonged delay without a substantive response or valid reason constitutes a de facto denial of access to the requested records.

Action Requested:
I kindly request that the North Colonie Central School District:

Acknowledge this appeal in writing within five business days, as required by law.
Conduct a diligent search for the requested records.
Provide the requested records without further delay or provide a valid legal basis for withholding them.
If the district maintains that there are no responsive records, I request a certification, in writing, that a diligent search was conducted and that the records do not exist.

I appreciate your prompt attention to this matter. Please understand the importance of transparency and the public's right to access records under the Freedom of Information Law.