FOIA March Madness 2017 - IV - Appeal logs, procedures, letters, opinions (U.S. Department of Education)

Beryl Lipton filed this request with the U.S. Department of Education of the United States of America.
Tracking #

17-01204-F

Est. Completion None
Status
Fix Required

Communications

From: Beryl Lipton

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

1. Any available log of appeals submitted to this agency or the agency tasked with processing Freedom of Information Act appeals for this division. Please provide such logs for the period from January 1, 2015 through December 31, 2016. Please, if possible, include with the log the following items:
• the request number associated with the FOIA in question
• the appeal number assigned to the appeal
• the description of the subject matter addressed by the request
• the division or office of initial receipt
• the date on which the appeal was received
• the date on which the appeal was closed
• the determination or final disposition status of the appeal

2. All appeal letters and opinion letters associated with appeals for which the determination was to reverse, in whole or in part, the decision of the initial request agency. Please provide such letters for appeals closed during the period from January 1, 2015 through December 31, 2016.

3. All appeal letters and opinion letters associated with appeals for which the determination was to remand the request to the appropriate agency. Please provide such letters for appeals closed during the period from January 1, 2015 through December 31, 2016.

4. All appeal letters and opinion letters associated with appeals for which the determination was to affirm the decision of the initial agency. Please provide such letters for appeals closed during the period from January 1, 2015 through December 31, 2016.

5. Any instructive or guiding materials provided to and/or utilized by employees of this department’s Freedom of Information Act office. Please include any manuals, procedural materials, reference guides, checklists, training materials, flow charts, directives, memorandums, legal decisions, presentations, or similar material used in the process of an appeal by this office or the office tasked to process FOIA appeals for this office. Any guiding materials used for the preparation of an appeal package should be considered responsive to, though not the entirety of, this element of this request.

6. The name and contact information for the appropriate appeal authority to whom appeals for this agency should be directed. If such information exists as part of a template letter sent to requesters, provision of this document will be considered satisfactory.

Please provide responsive materials on a rolling basis.

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 20 business days, as the statute requires.

Sincerely,

Beryl Lipton

From: Baker, Juanita

This is the Department's acknowledgment of your request for information pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. Your request was forwarded to the primary responsible office(s) for action.
Any future correspondence or questions regarding your request, please contact the FOIA Public Liaison at 202-401-8365 or
EDFOIAManager@ed.gov

  • Department of Education FOIA Acknowledgment Letter 17-01204-F

From: Jones, Kim

This is the Department's acknowledgment of your request for information pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. Your request was forwarded to the primary responsible office(s) for action.
Any future correspondence or questions regarding your request, please contact the FOIA Public Liaison at
202-401-8365 or EDFOIAManager@ed.gov

  • Department of Education FOIA Acknowledgment Letter - 17-01214-F

From: U.S. Department of Education

A copy of documents responsive to the request.

From: Swafford, Christie

Dear Mr. Lipton;
This email is to inform you that the Department is currently processing your request; however, we have not yet completed our consultations to make a determination regarding the release of any responsive material. Therefore, we will be unable to respond to your request within 20 working days of having received the request, nor within the 10 day extension for complex or voluminous material. We apologize for any inconvenience this may cause you, and assure you that your request will be processed as soon as possible

You can check on the status of your request on the Department’s FOIA Web page at http://www2.ed.gov/policy/gen/leg/foia/foiatoc.html and click on the Requests Status Log link under “More Resources.”

You have the right to seek further assistance from the Department’s FOIA Public Liaison, Robert Wehausen. The Department’s FOIA Public Liaison can be reached by e‑email at robert.wehausen@ed.gov<mailto:robert.wehausen@ed.gov>; by phone at 202-205-0733; by fax at 202-401-0920; or by mail at Office of the Chief Privacy Officer, U.S. Department of Education, 400 Maryland Ave., SW, LBJ 2E321,Washington, DC 20202-4536, Attn: FOIA Public Liaison.

If you have any questions, please contact me at (202) 205-3691 or via e-mail at Christie.Swafford@ed.gov<mailto:Christie.Swafford@ed.gov>.

Sincerely,

Christie D. Swafford
Government Information Specialist
OM/OCPO/FSC
U. S. Department of Education
400 Maryland Avenue, 2E325
Washington, DC 20202
(202) 205-3691
(202) 401-0920-Fax
“Go where you are celebrated not where you are tolerated”-Author Unknown

From: Swafford, Christie

Dear Mr. Lipton;
Enclosed is a final response letter for the above FOIA request.
Thanks!

Christie D. Swafford
Government Information Specialist
OM/OCPO/FSC
U.S.Department of Education
400 Maryland Avenue, 2W218-54
Washington, DC 20202
(202) 205-3691
(202)401-0920-Fax
"Go where you are celebrated not where you are tolerated"-Author Unknown

From: U.S. Department of Education

Mr. Lipton,

Regarding the above FOIA request, The office of the Secretary has the following information:

OS would like to process this request as quickly as possible. The internal materials you requested contain deliberative material and so will take some time to review. We do have a number of materials on our website that are responsive. Do you want to take a look at those and see if they satisfy your request?

* April 25, 2017 memo re: Appointment of the Department of Education Regulatory Reform Officer and Establishment of the Regulatory Reform Task Force in accordance with the Presidential Executive Order Enforcing the Regulatory Reform Agenda dated February 24, 2017: https://www2.ed.gov/policy/gen/leg/foia/reg-reform-task-force.html

* Regulatory Reform Task Forces Status Report, May 2017: https://www2.ed.gov/documents/press-releases/regulatory-reform-task-force-progress-report.pdf

* Regulatory Reform Task Forces Status Report, October 2017: https://www2.ed.gov/documents/press-releases/regulatory-reform-task-force-progress-report-2.pdf

* November 14, 2017, testimony of Robert Eitel, Senior Counselor to the Secretary, U.S. Department of Education, before the U.S. House of Representative's Committee on Oversight and Government Reform Subcommittee on Intergovernmental Affairs and Subcommittee on Healthcare, Benefits, and Administrative Rules: https://oversight.house.gov/wp-content/uploads/2017/11/Eitel_Testimony_IGA-HCBAR-Reg.-Task-Forces-II.pdf (also https://oversight.house.gov/hearing/regulatory-reform-task-forces-check-part-ii/)

Please advise.

V/r

Naida I. Ruiz
FOIA Analyst
U.S. Department of Education
400 Maryland Ave. SW, Room 4C155
Washington, DC 20202-4510
Naida.Ruiz@ed.gov<mailto:Naida.Ruiz@ed.gov>

From: U.S. Department of Education

Dear Beryl Lipton: T
This letter is in response to your request dated March 13, 2018, requesting information pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. Your request was received in this office on March 18, 2018. Your request has been assigned to the Office for Civil Rights within the Department to search for documents that may be responsive to your request.
In your request, you have asked for a waiver of all fees associated with the processing of your request. You will receive the records that you requested, if they exist, but, your request for a fee waiver is denied.

From: U.S. Department of Education

From: Beryl Lipton

Hi there,

Thanks so much for your letter. Please let me know if you'd like to discuss this request.

Best wishes,
Beryl

From: U.S. Department of Education

Good Morning,

Attached to the following email is a copy of the “Final Letter response” for case 17-01204-F sent to you on March 28th, 2017

Thank You,

(ED FOIA MANAGER- Julian)

From: U.S. Department of Education

Our records show that request 17-01204-F was closed on March 8, 2017.

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