How To File Freedom of Information (FOIL) Requests To The NYC Dept of Education
Many years ago I posted on my website two model FOIL request and appeal letters, which can be emailed to either Joseph A. Baranello, Esq., the Central Records Access Officer, or to Hon. Chancellor Dennis M. Walcott and Courtenaye Jackson-Chase, Esq., the Records Appeals Officers (as appropriate) at Tweed. At that time, Susan W. Holtzman, Esq., was in charge of FOIL requests, doing her best to delay, deny or destroy requests she didn't like. (Ms. Holtzman now works as the Attorney for District 75, and does the same thing for Individualized Education Plans and teachers' records.) I am updating the article here, and am including the email addresses:
2 Model FOIL Letters: Request For Records, and Appeal of Denial
Here's how to request records from NYCDOE under FOIL:
Your Name
Your Return Address
City, State, zip
(optional) VOICE: (area code) number
(optional) FAX: (area code) number
(optional) E-MAIL: ___________
Date
Joseph A. Baranello, Esq.
Dear Mr. Baranello:
Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request records or portions thereof pertaining to:
__________________ (attempt to identify the records in which you are interested as clearly as possible -- time periods -- names of people or offices suspected to have the records, etc. -- It is suggested that you use the format of an individually numbered or lettered list of categories).
If there are any fees for copying the records requested, please inform me before filling the request (or: . . . please supply the records without informing me if the fees are not in excess of $____).
As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request. Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly. If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.
Sincerely,
Signature
Typed Name (RETAIN 3 PHOTOCOPIES)
Here's how to appeal a denial of access (within 30 days of the date of denial) to NYCDOE records under FOIL:
Your Name
Your Return Address
City, State, zip
(optional) VOICE: (area code) number
(optional) FAX: (area code) number
(optional) E-MAIL: ___________
Date
2 Model FOIL Letters: Request For Records, and Appeal of Denial
Here's how to request records from NYCDOE under FOIL:Your Name
Your Return Address
City, State, zip
(optional) VOICE: (area code) number
(optional) FAX: (area code) number
(optional) E-MAIL: ___________
Date
Joseph A. Baranello, Esq.
Central Records Access Officer
Office of Legal Services
New York City Department of Education
52 Chambers Street
New York, NY 10007
Office of Legal Services
New York City Department of Education
52 Chambers Street
New York, NY 10007
Dear Mr. Baranello:
Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request records or portions thereof pertaining to:
__________________ (attempt to identify the records in which you are interested as clearly as possible -- time periods -- names of people or offices suspected to have the records, etc. -- It is suggested that you use the format of an individually numbered or lettered list of categories).
If there are any fees for copying the records requested, please inform me before filling the request (or: . . . please supply the records without informing me if the fees are not in excess of $____).
As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request. Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly. If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.
Sincerely,
Signature
Typed Name (RETAIN 3 PHOTOCOPIES)
Here's how to appeal a denial of access (within 30 days of the date of denial) to NYCDOE records under FOIL:
Your Name
Your Return Address
City, State, zip
(optional) VOICE: (area code) number
(optional) FAX: (area code) number
(optional) E-MAIL: ___________
Date
Hon. Chancellor Dennis M. Walcott
Records Appeals Officer
Office of the Chancellor
New York City Department of Education
52 Chambers Street
New York, NY 10007
DMWalcott@schools.nyc.gov
Courtenaye Jackson-Chase, Esq.
Records Appeals Officer
Courtenaye Jackson-Chase, Esq.
Records Appeals Officer
Office of the General Counsel
New York City Department of Education
52 Chambers Street
New York, NY 10007
New York City Department of Education
52 Chambers Street
New York, NY 10007
CJackson-Chase@schools.nyc.gov
Dear Chancellor Walcott and Ms. Jackson-Chase:
I hereby appeal the denial of access regarding my Freedom of Information Law request, which was made on __________ (date) and sent to Mr. Joseph Baranello, the Central Records Access Officer.
USE THE FOLLOWING SENTENCE IF MR. BARANELLO (OR ANYONE ELSE) CITED STATUTORY REASONS FOR DENIAL:
The records that were denied include:_______________ (enumerate the records that were denied).
OR USE THE FOLLOWING SENTENCE AFTER HAVING WAITED TWO TO THREE WEEKS, BUT NOT HEARING FROM MR. BARANELLO:
I have received neither a substantive response, nor a letter of acknowledgment of receipt of my request. Therefore, I consider access to have been constructively denied.
THIS NEXT SENTENCE IS OPTIONAL:
For your convenience, I have attached a copy of my letter of request (AND, IF APPLICABLE) and a copy of Mr. Joseph Baranello's (OR OTHER PERSON'S) letter of denial.
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, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, New York 12231.
Sincerely,
Signature
Typed Name (RETAIN 3 PHOTOCOPIES)
Dear Chancellor Walcott and Ms. Jackson-Chase:
I hereby appeal the denial of access regarding my Freedom of Information Law request, which was made on __________ (date) and sent to Mr. Joseph Baranello, the Central Records Access Officer.
USE THE FOLLOWING SENTENCE IF MR. BARANELLO (OR ANYONE ELSE) CITED STATUTORY REASONS FOR DENIAL:
The records that were denied include:_______________ (enumerate the records that were denied).
OR USE THE FOLLOWING SENTENCE AFTER HAVING WAITED TWO TO THREE WEEKS, BUT NOT HEARING FROM MR. BARANELLO:
I have received neither a substantive response, nor a letter of acknowledgment of receipt of my request. Therefore, I consider access to have been constructively denied.
THIS NEXT SENTENCE IS OPTIONAL:
For your convenience, I have attached a copy of my letter of request (AND, IF APPLICABLE) and a copy of Mr. Joseph Baranello's (OR OTHER PERSON'S) letter of denial.
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, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, New York 12231.
Sincerely,
Signature
Typed Name (RETAIN 3 PHOTOCOPIES)