Snow Day, State of Emergency, Withheld Education

To Whom It May Concern:

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

Pursuant to the New York State Freedom of Information Law (FOIL), I am requesting the following records:

All communications, including emails, memos, and other written documents, related to the decision to cancel remote instruction on 3/14/23, specifically as it relates to the State of Emergency declared by the State of New York due to inclement weather.

Any policies, guidelines, or procedures related to the decision-making process for cancelling remote instruction during inclement weather and/or a State of Emergency.

Any documents related to funding differences between a regular school day, snow day off of school, snow day with remote instruction, and no instruction and school cancelled with a State of Emergency for the State of New York.

Any other documents or information related to the decision to cancel remote instruction on 3/14/23.

Additionally, I am requesting any records or information related to the potential impact of cancelling remote instruction on student learning, including but not limited to any identified learning loss or negative impacts on academic progress. Specifically, I am requesting any records or communications related to the report published by NYS Comptrollers Office [1] on 3/13/23, which identified concerns related to learning loss and academic progress.

I am making this request in the public interest as it relates to the use of public funds, the decision-making process for cancelling remote instruction during inclement weather and/or a State of Emergency, and the potential impact on student learning. I request that the records be provided in electronic format, if possible.

[1] https://www.osc.state.ny.us/press/releases/2023/03/dinapoli-federal-data-shows-new-yorks-losses-fourth-grade-math-and-reading-scores-are-double-national

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 the denial of access to records requested on 6/7/2023, acknowledged on 6/14/23, and simply ignored another 5 times; under the New York State Freedom of Information Law (FOIL), Public Officers Law Article 6. My original request sought :

"All communications, including emails, memos, and other written documents, related to the decision to cancel remote instruction on 3/14/23, specifically as it relates to the State of Emergency declared by the State of New York due to inclement weather.

Any policies, guidelines, or procedures related to the decision-making process for cancelling remote instruction during inclement weather and/or a State of Emergency.

Any documents related to funding differences between a regular school day, snow day off of school, snow day with remote instruction, and no instruction and school cancelled with a State of Emergency for the State of New York.

Any other documents or information related to the decision to cancel remote instruction on 3/14/23.

Additionally, I am requesting any records or information related to the potential impact of cancelling remote instruction on student learning, including but not limited to any identified learning loss or negative impacts on academic progress. Specifically, I am requesting any records or communications related to the report published by NYS Comptrollers Office [1] on 3/13/23, which identified concerns related to learning loss and academic progress.

I am making this request in the public interest as it relates to the use of public funds, the decision-making process for cancelling remote instruction during inclement weather and/or a State of Emergency, and the potential impact on student learning. I request that the records be provided in electronic format, if possible.

[1] https://www.osc.state.ny.us/press/releases/2023/03/dinapoli-federal-data-shows-new-yorks-losses-fourth-grade-math-and-reading-scores-are-double-national"

I have not received a response within the statutory time frame, which constitutes an implicit denial of my request. As per Public Officers Law § 89(4)(a), failure by an agency to conform to the provisions of FOIL shall constitute a denial.

"Implicit in the imposition of the duty is a sanction for disobedience. Custodians cannot fail to respond. A necessary implication from the language is that failure to explain in writing reasons for denying access compels a court to find that a petitioner is entitled to access."
— Floyd v. McGuire, 108 Misc. 2d 536 (New York Supreme Court, 1981)

I request that you expedite the processing of this appeal, given the public interest in the information sought. The delay in providing these records undermines the purpose of FOIL, making it more costly and burdensome for the public to obtain access to public records.

"Government agencies could all too easily undermine the purpose of FOIL by simply ignoring requests, thus making it more costly and burdensome for the seeker to obtain access to public records by way of court order."
— Floyd v. McGuire, 108 Misc. 2d 536 (New York Supreme Court, 1981)

I look forward to your prompt response to this appeal. If my appeal is denied, please provide a written explanation for the denial, including a reference to the specific statutory exemption(s) upon which the denial is based.