NYS FOIL - ARP-ESSER Application and Assurance

To Whom It May Concern:

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

A copy of the completed and signed ARP-ESSER Applications, Parts 1 and 2, that the district submitted to the New York State Education Department.
http://www.nysed.gov/common/nysed/files/programs/federal-education-covid-response-funding/arp-esser-application-part-1-assurances.pdf
http://www.nysed.gov/common/nysed/files/programs/federal-education-covid-response-funding/arp-esser-application-part-2-arp-act.pdf

Any documents or communications on steps the district took to meet assurance #9 defined in above ARP-ESSER application Part 1 including but not limited to:

EDGAR 34 CFR Part 97 – Protection of Human Subjects
https://www.ecfr.gov/current/title-34/subtitle-A/part-97
Including but not limited to § 97.107 IRB membership.
Including but not limited to § 97.108 IRB functions and operations.
Including but not limited to § 97.109 IRB review of research.
Including but not limited to § 97.114 Cooperative Research.
Including but not limited to § 97.116 General Requirements for Informed Consent.
Including but not limited to § 97.117 Documentation of informed consent.
Including but not limited to § 97.118 Applications and proposals lacking definite plans for involvement of human subjects.
Including but not limited to § 97.404 Research not involving greater than minimal risk.
Including but not limited to § 97.408 Requirements for permission by parents or guardians and for assent by children.

EDGAR 34 CFR Part 98 – Student Rights in Research, Experimental Programs, and Testing
https://www.ecfr.gov/current/title-34/subtitle-A/part-98
Including but not limited to § 98.4 Protection of students' privacy in examination, testing, or treatment.
Including but not limited to § 98.7 Filing a complaint.
Including but not limited to § 98.8 Notice of the complaint.
Including but not limited to § 98.9 Investigation and findings.
Including but not limited to § 98.10 Enforcement of the findings.

EDGAR 34 CFR Part 99 – Family Education Rights and Privacy
https://www.ecfr.gov/current/title-34/subtitle-A/part-99

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,

Douglas Lloyd

Hi Michelle -
Thank you for the completed application documents. Could you provide documents and communications in regards to meeting assurance #9 including EDGAR 34 CFR Part 97 – Protection of Human Subjects; EDGAR 34 CFR Part 98 – Student Rights in Research, Experimental Programs, and Testing; and EDGAR 34 CFR Part 99 – Family Education Rights and Privacy?

The district mandated products that are still in clinical trials which would require compliance with these regulations. Please note the clinical trials for this product do not end until March 2023 and only phase 1/2 clinical trials were completed for the emergency use authorization.

https://clinicaltrials.gov/ct2/show/NCT04848584
https://www.fda.gov/media/150386/download
https://www.fda.gov/media/153714/download

Regards,

Doug

Hi Michelle -
Unfortunately the district did mandate vaccination under EUA for 5-11 year olds. The middle school implemented vaccine mandates for Chess club which impacted my 11 year old. I escalated from Mr. Klugman, to Jody Monroe, to the BOE. When they failed to remove the mandate in violation of 21 U.S. Code § 360bbb-3, I escalated to Bethlehem Police and the Albany county Sheriff who's investigator spoke with Jody Monroe who claimed she was just following orders. I would expect my emails, internal communications discussing this matter, discussion of above edgar regulations agreed to in assurances, as well as from other concerned parents, at minimum, to show up in this foil.

Additionally, as I have pointed out to BOE and Superintendent in person and in writing, no FDA approved vaccine is available in the United States.
The FDA Approved vaccine Comirnaty, is not available in the United States.
Only the EUA vaccine is available in the United States.
A Federal judge has ruled these products are not interchangeable.
All vaccinations mandated and administered used the EUA product.

Even with "FDA approval", we are still in clinical trials as phase 3 clinical trials do not end until 2023.

Thank you for your help!!

Regards,

Doug

I hereby appeal the denial of access regarding my request, which was made on 3/28/2022 and sent to:
Judith E. Kehoe
Chief Business and Financial Officer
Bethlehem Central School District
700 Delaware Avenue
Delmar, NY 12054
jkehoe@bethlehemschools.org

The records that were denied include:

Any documents or communications on steps the district took to meet assurance #9 defined in above ARP-ESSER application Part 1 including but not limited to:

EDGAR 34 CFR Part 97 – Protection of Human Subjects
https://www.ecfr.gov/current/title-34/subtitle-A/part-97
Including but not limited to § 97.107 IRB membership.
Including but not limited to § 97.108 IRB functions and operations.
Including but not limited to § 97.109 IRB review of research.
Including but not limited to § 97.114 Cooperative Research.
Including but not limited to § 97.116 General Requirements for Informed Consent.
Including but not limited to § 97.117 Documentation of informed consent.
Including but not limited to § 97.118 Applications and proposals lacking definite plans for involvement of human subjects.
Including but not limited to § 97.404 Research not involving greater than minimal risk.
Including but not limited to § 97.408 Requirements for permission by parents or guardians and for assent by children.

EDGAR 34 CFR Part 98 – Student Rights in Research, Experimental Programs, and Testing
https://www.ecfr.gov/current/title-34/subtitle-A/part-98
Including but not limited to § 98.4 Protection of students' privacy in examination, testing, or treatment.
Including but not limited to § 98.7 Filing a complaint.
Including but not limited to § 98.8 Notice of the complaint.
Including but not limited to § 98.9 Investigation and findings.
Including but not limited to § 98.10 Enforcement of the findings.

EDGAR 34 CFR Part 99 – Family Education Rights and Privacy
https://www.ecfr.gov/current/title-34/subtitle-A/part-99

As required by the Freedom of Information Law, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.

In addition, please be advised that the Freedom of Information Law directs that all appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, 41 State Street, Albany, New York 12231.