Holocaust Surveys

Russel Neiss filed this request with the New York State Education Department of New York.
Status
Completed

Communications

From: Russel Neiss

To Whom It May Concern:

By way of background, on August 10, 2022, Governor Kathy Hochul signed into law Chapter 490 of the Laws of 2022 requiring a survey regarding instruction on the Holocaust within New York State public school districts. Through the survey, superintendents are required to attest that the district is teaching about the Holocaust appropriately as part of classroom instruction aligned with the NYS Social Studies Learning Standards and §801 of Education Law.

In October 2022, Deputy Commissioner Angelique Johnson-Dingle sent a memo to public school superintendents including a copy of that survey and instructions for accessing and submitting the survey via the SED Monitoring and Vendor Performance System in the NYSED Business Portal.

Pursuant to the New York Freedom of Information Law, I hereby request all of the Holocaust Instruction Survey responses submitted this year.

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,

Russel Neiss

From: New York State Education Department

Dear Mr. Neiss:

This is to acknowledge receipt of your Freedom of Information Law (FOIL) request for State Education Department (SED) records regarding Holocaust surveys. The reference number for this request is FL-EM-22/1846. Please be advised that you will hear further from the Department by approximately January 27, 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

From: New York State Education Department

Dear Mr. Neiss:

This is in response to your Freedom of Information Law request for State Education Department records regarding the Holocaust Instruction Surveys, which was received on December 15, 2022.

Please find the responsive document attached.

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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