Holocaust Survey (Sharon Springs Central School District)

To Whom It May Concern:

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

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 since August 10, 2022.

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

Dear Mr. Yorke,

I am writing to appeal the denial of my Freedom of Information Law (FOIL) request for the Sharon Springs Central School District's Holocaust Instruction Survey responses. I received a response stating that the district does not respond to FOIL requests via email and that my request was denied due to a lack of contact information. I would like to provide my contact information now and request that my FOIL request be reconsidered.

As per my original request, I am requesting all Holocaust Instruction Survey responses submitted since August 10, 2022. My request was made in accordance with the New York Freedom of Information Law, which grants the public the right to access government records. Specifically, FOIL requires that agencies respond to requests in writing within five business days, and that they provide the records unless they fall under one of the statutory exemptions.

Moreover, FOIL regulations state that agencies should accept requests via any medium, including email, unless doing so would interfere with the operation of the agency's IT system or pose a threat to data security. As a result, the district's claim that they do not respond to FOIL requests via email is not supported by the law.

I understand that the district has an obligation to protect sensitive information, but there is no evidence that my request would compromise the security of the district's data. In fact, I requested that the documents be provided in electronic format, which would not require the district to disclose any personal information or access to any internal systems.

In addition, the Committee on Open Government has issued several advisory opinions stating that agencies may not require requesters to provide personal information or fill out forms as a precondition for granting access to records. Accordingly, the district's demand for a contact name, address, and telephone number is not supported by the law.

I respectfully request that the district comply with my original FOIL request and provide me with the Holocaust Instruction Survey responses submitted since August 10, 2022. If the district continues to deny my request, I ask that you provide me with a detailed explanation of the basis for the denial and the specific legal authority for withholding the records.

Thank you for your attention to this matter.

Dear Mr. Yorke,

I am writing to appeal the denial of my Freedom of Information Law (FOIL) request for the Sharon Springs Central School District's Holocaust Instruction Survey responses. I received a response stating that the district does not respond to FOIL requests via email and that my request was denied due to a lack of contact information. I would like to provide my contact information now and request that my FOIL request be reconsidered.

As per my original request, I am requesting all Holocaust Instruction Survey responses submitted since August 10, 2022. My request was made in accordance with the New York Freedom of Information Law, which grants the public the right to access government records. Specifically, FOIL requires that agencies respond to requests in writing within five business days, and that they provide the records unless they fall under one of the statutory exemptions.

Moreover, FOIL regulations state that agencies should accept requests via any medium, including email, unless doing so would interfere with the operation of the agency's IT system or pose a threat to data security. As a result, the district's claim that they do not respond to FOIL requests via email is not supported by the law.

I understand that the district has an obligation to protect sensitive information, but there is no evidence that my request would compromise the security of the district's data. In fact, I requested that the documents be provided in electronic format, which would not require the district to disclose any personal information or access to any internal systems.

In addition, the Committee on Open Government has issued several advisory opinions stating that agencies may not require requesters to provide personal information or fill out forms as a precondition for granting access to records. Accordingly, the district's demand for a contact name, address, and telephone number is not supported by the law.

I respectfully request that the district comply with my original FOIL request and provide me with the Holocaust Instruction Survey responses submitted since August 10, 2022. If the district continues to deny my request, I ask that you provide me with a detailed explanation of the basis for the denial and the specific legal authority for withholding the records.

Thank you for your attention to this matter.

I am writing to appeal the response to my Freedom of Information Law (FOIL) request for the Sharon Springs Central School District's Holocaust Instruction Survey responses.

As per my original request, I requested that the documents be provided in electronic format, by e-mail attachment if available or CD-ROM if not. FOIL regulations state that agencies should accept requests via any medium, including email, unless doing so would interfere with the operation of the agency's IT system or pose a threat to data security. The district's claim that they cannot provide documents via email is not supported by the law.

Moreover, I understand that the district has an obligation to protect sensitive information, but there is no evidence that my request would compromise the security of the district's data. In fact, I requested that the documents be provided in electronic format, which would not require the district to disclose any personal information or access to any internal systems.

Additionally, the district's response states that the documents can be provided via mail at a cost of $.25 per page, and that the estimated cost for my request is $.75 for 3 pages. However, FOIL explicitly states that agencies may not charge for the cost of staff time or use of equipment, and may only charge for actual photocopying or mailing costs. The requirement to print out documents that are already in electronic format and the demand for payment are an attempt to extort FOIL requestors for funds that are not required to fulfill the response.

I respectfully request that the district comply with my original FOIL request and provide me with the Holocaust Instruction Survey responses submitted since August 10, 2022, in electronic format via email or CD-ROM. If the district continues to deny my request, I ask that you provide me with a detailed explanation of the basis for the denial and the specific legal authority for withholding the records.

Furthermore, I would like to remind the district that continued willful avoidance of complying with FOIL laws will result in appeals to the Committee on Open Government and may result in Article 78 proceedings at the district's expense. Please be advised that a copy of this appeal will also be sent to the Committee on Open Government for their review.

Thank you for your attention to this matter.

I am writing in response to your email dated 3/14/2023, in which you indicated that the Sharon Springs Central School District is unable to provide the Holocaust Instruction Survey responses in electronic format due to limited technological resources. As you are aware, I made a request for the records pursuant to the New York Freedom of Information Law, which grants the public the right to access government records.

While I appreciate your efforts to accommodate my request, I must note that your response constitutes a willful violation of FOIL. Peer districts have been able to easily comply with similar requests and provide records electronically, as required by FOIL. Your insistence on printing and charging for the records in paper form demonstrates a clear intent to extort FOIL requestors for funds that are not required to fulfill the response.

Moreover, your initial response denying the request to be delivered electronically was a willful denial of the rights provided to me under FOIL, and your current response only serves to further delay and complicate the process. Your obligations under FOIL are clear, and the Committee on Open Government has issued several advisory opinions stating that agencies must provide records in the format requested by the requester, so long as the records exist in that format and doing so would not interfere with the agency's operations.

I request that the records be provided to me in the requested format without charge, as required by law. I remind you that your continued willful avoidance of complying with FOIL laws will continue to result in appeals to the Committee on Open Government and Article 78 proceedings at the district's expense.

Thank you for your attention to this matter.

Completed promptly: https://www.muckrock.com/foi/middleburgh-22776/holocaust-survey-middleburgh-central-school-district-142045/
Completed promptly: https://www.muckrock.com/foi/guilderland-22919/holocaust-survey-guilderland-central-school-district-guilderland-center-142033/
Completed promptly: https://www.muckrock.com/foi/schenectady-22772/holocaust-survey-schalmont-central-school-district-142041/

I am writing in response to your email dated 3/14/2023, in which you indicated that the Sharon Springs Central School District is unable to provide the Holocaust Instruction Survey responses in electronic format due to limited technological resources. As you are aware, I made a request for the records pursuant to the New York Freedom of Information Law, which grants the public the right to access government records.

While I appreciate your efforts to accommodate my request, I must note that your response constitutes a willful violation of FOIL. Peer districts have been able to easily comply with similar requests and provide records electronically, as required by FOIL. Your insistence on printing and charging for the records in paper form demonstrates a clear intent to extort FOIL requestors for funds that are not required to fulfill the response.

Moreover, your initial response denying the request to be delivered electronically was a willful denial of the rights provided to me under FOIL, and your current response only serves to further delay and complicate the process. Your obligations under FOIL are clear, and the Committee on Open Government has issued several advisory opinions stating that agencies must provide records in the format requested by the requester, so long as the records exist in that format and doing so would not interfere with the agency's operations.

I request that the records be provided to me in the requested format without charge, as required by law. I remind you that your continued willful avoidance of complying with FOIL laws will continue to result in appeals to the Committee on Open Government and Article 78 proceedings at the district's expense.

Thank you for your attention to this matter.

Completed promptly: https://www.muckrock.com/foi/middleburgh-22776/holocaust-survey-middleburgh-central-school-district-142045/
Completed promptly: https://www.muckrock.com/foi/guilderland-22919/holocaust-survey-guilderland-central-school-district-guilderland-center-142033/
Completed promptly: https://www.muckrock.com/foi/schenectady-22772/holocaust-survey-schalmont-central-school-district-142041/

Thank you for your response to my previous appeal regarding my Freedom of Information Law (FOIL) request for the Sharon Springs Central School District's Holocaust Instruction Survey responses. While I appreciate your efforts to provide the requested documents, I respectfully disagree with your assessment that a charge is appropriate in this case.

The New York Freedom of Information Law specifies that agencies may only charge for actual reproduction costs, and that such costs may not include labor or other indirect costs. In addition, the Committee on Open Government has issued several advisory opinions stating that agencies may not charge for electronic copies if they are readily available in electronic form.

I understand that the district may not have the resources to create electronic copies of the requested documents, but I would like to point out that there are many free tools and resources available for generating PDF files in various operating systems and browsers, many are installed by default in software already installed in district computers. Providing the requested documents in electronic form would not only save the district time and resources, but would also be more convenient and accessible for requestors.

Moreover, I must express my disappointment in the district's handling of this matter thus far. It is my understanding that several other school districts have been able to easily comply with similar FOIL requests, and that the use of online portals and electronic delivery is becoming increasingly common in government agencies. I urge the district to take a proactive approach to complying with FOIL and to make every effort to provide requested documents in a timely and accessible manner.

I respectfully request that the district reconsider its decision to charge for the requested documents and provide them to me in electronic form as soon as possible. If the district continues to deny my request or requires payment beyond the actual reproduction costs, I will have no choice but to appeal to the Committee on Open Government and pursue legal action if necessary.

Thank you for your attention to this matter.

PS: I also respectfully suggest that the district consider providing training and education to staff and administrators on the generation of PDF files and other electronic document formats to avoid the need for printing and scanning in the future. This could not only save time and resources, but also ensure compliance with FOIL and other state and federal laws regarding open government and transparency.

disregard the last appeal, i will mark this for payment once you finalize.

Thank you for your response. I appreciate that you have agreed to fulfill my request for the Holocaust Instruction Survey responses, and I look forward to receiving them.

First, I apologize if my language in previous emails was unprofessional or uncalled for. However, I stand by my assertion that the district's initial response to my FOIL request was in violation of FOIL regulations, and that the district's insistence on charging for electronic copies of the documents was not supported by the law.

Second, I would like to draw your attention to the fact that there are 17 FOIL requests on behalf of MuckRock that have been ignored or refused by Sharon Springs Central School District. These requests can be viewed at the following link: https://www.muckrock.com/foi/list/?agency=31065. I believe that this pattern of behavior demonstrates a disregard for the public's right to access government records and a failure to comply with FOIL regulations.

That being said, I accept your agreement to fulfill my FOIL request for the Holocaust Instruction Survey responses for a charge of $0.75. Please send the documents to me in PDF format via email. If there are any issues with the document format or delivery, please contact me to discuss further.

Thank you for your attention to this matter.

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Jackson Parker