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                  New York State Education Department FOIL Requests

                  New York State’s Freedom of Information Law (Public Officers Law §87 et. seq.) allows members of the public to access records of governmental agencies. FOIL provides a process for the review and copying of an agency’s records. More information about the Freedom of Information Law can be found at:?http://www.dos.ny.gov/about/foil2.html.

                  Please note that each government entity or agency handles their own FOIL requests.

                  Click here for a Subject Matter List of Education Department records.

                  Submitting a Freedom of Information Law (FOIL) Request to the New York State Education Department

                  Freedom of Information Law requests for State Education Department records may be submitted by:

                  1. Online FOIL Submission Form
                  2. E-Mail to?FOIL@nysed.gov
                  3. Mail:

                  Records Access Officer
                  New York State Education Department
                  89 Washington Ave, Room 121 EB
                  Albany, NY 12234

                  Phone: 518-474-5520
                  Fax: 518-473-2827

                  Sample FOIL Request for Records

                  Fee for Duplication of Records

                  SED charges the statutorily permitted fee of $.25 per page for photocopies of records requested under FOIL (Public Officers Law §87[1][b][iii]). ?Additional copy preparation fees may apply as permitted by law.? There is no provision in law or regulation requiring a waiver of this fee. Payment must be made to the NYS Education Department by check or money order. Payment should not be submitted until you are notified that your request is granted and informed of the charge for your request.

                  Submitting a FOIL Appeal

                  Any person denied access to a record may appeal within thirty days?by emailing FOILappeal@nysed.gov or writing to:

                  Commissioner of Education
                  New York State Education Department
                  89 Washington Avenue
                  Room 111, Education Building
                  Albany, NY 12234

                  Sample for Filing an Appeal

                  FOIL Appeal Procedures

                  Pursuant to New York Public Officers Law §89(4) within ten business days of the receipt of a FOIL appeal an agency shall “fully explain in writing to the person requesting the record the reasons for further denial, or provide access to the record sought.”? Failure by an agency to provide such a determination shall constitute a denial.? A person denied access to a record in a FOIL appeal determination may bring a proceeding for review of such denial pursuant to article seventy-eight of the civil practice law and rules.

                  Requesting Confidential Educational Record(s), Information or Data

                  If you are requesting confidential educational record(s), information or data you must fill out the Department’s “Verification and Authorization” form and provide the completed signed and notarized form to the Records Access Office. ?

                  A legible scanned or faxed copy is acceptable. You may fax the form to 518-473-2827, send it by email to foil@nysed.gov, or mail to the Records Access Office, New York State Education Department, 89 Washington Avenue (Room 121 EB), Albany, NY 12234.

                  Click here for additional information.

                  Requesting Disciplinary Information on a Licensed Professional or Educator

                  The Freedom of Information Law, while making certain Department records available for inspection or release, does not apply to records that are specifically exempted from disclosure by state or federal statute (Public Officers Law, Section 87(2)(a)).

                  Section 6510 (8) of the Education Law specifically states “the files of the Department relating to the investigation of possible instances of professional misconduct, or the unlawful practice of any profession licensed by the board of regents, or the unlawful use of a professional title or the moral fitness of an applicant for a professional license or permit, shall be confidential and not subject to disclosure at the request of any person, except upon the order of a court in a pending action or proceeding.”

                  If you desire disciplinary information about professionals licensed by the State Education Department, please visit our website at http://www.op.nysed.gov/opd/.? Disciplinary information related to physicians is available through the New York State Department of Health’s website, www.health.state.ny.us/nysdoh/opmc/main.htm.

                  Requesting Diplomas or Educational Records

                  For high school equivalency (GED?/TASC?) records, go to http://www.acces.nysed.gov/ged/.

                  School records should be directed to the school or school district of attendance. You can find a list of school districts and contact information by going to http://www.november.tw/admin/admindex.html.

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