Requesting school information in NY – Use this FOIL template

FOIL Basics

A FOIL (Freedom of Information Law) request provides the public right to access to records maintained by government agencies with certain exceptions. This legally gives you the right to access policies, information regarding curriculum, etc from any school in NY.

Step 1 – Get required info

Go on your childs school district website. Find the staff directory and search for “Records officer”, “Records clerk”, “Records Custodian”, or “District Clerk”. If you cannot find these titles, Email the superintendent using the same method and ask “Can you please send me the name and email of the records custodian who is responsible for fulfilling FOIL (Freedom of information law) requests, please”.

Step 2 – Use our template

Download the following templates and replace highlighted sections with your own information. It is important that you download and use all 3. This will decrease the odds of the request being wholly denied.

NY – FOIL Template – Gender Identity
NY – FOIL Template – LGBTQ
NY – FOIL Template – Critical Race Theory

Step 3 – Submit the request

Send all 3 filled out foil requests to the records keeper with the subject “FOIL REQUEST”. In the message body direct them to the 3 attached files.

FAQ

How long must I wait to get access to records?
When an agency receives a request, §89(3)(a) of the Freedom of Information Law states that it has five
business days to grant or deny access in whole or in part, or if more time is needed, to acknowledge the
receipt of the request in writing and indicate an approximate date by which the agency will respond to
the request, usually not more than 20 additional business days.

How long must I wait to get access to records if I sent my request via email?
Because an electronic request may be sent at any time, for purposes of determining the date of receipt
and the required response time frame, an email request is determined to have been received on the
first business day on which it was received during normal business hours. For example, if an email
request is sent at 6 pm on Tuesday, it is deemed to have been received at 9 am Wednesday.
When an agency receives a request, §89(3)(a) of the Freedom of Information Law requires that it has
five business days to grant or deny access in whole or in part, or if more time is needed, to acknowledge
the receipt of the request in writing and indicate an approximate date by which the agency will respond
to the request.

What happens if an agency fails to respond within five business days of receipt of my request?
A failure to comply with any of the time limitations imposed by law would constitute a denial of a
request that may be appealed in accordance with §89(4)(a) of the Freedom of Information Law. That
provision states that an appeal must be made within thirty days of the denial. The appeal should be
made to the person designated by the agency to determine appeals or the chief executive or governing
body of the agency.

What happens if an agency fails to respond to my appeal?
The agency is required to respond to the appeal within ten business days of the receipt of the appeal by
granting access to the records or fully explaining the reasons for further denial in writing. See FOIL
§89(4)(b). If a determination on the appeal is not rendered within ten business days, the failure to do so
constitutes a denial of the appeal. In that circumstance, you may initiate a proceeding to challenge the
denial of access under Article 78 of the Civil Practice Law and Rules.

How much can I be charged for public records?
It depends. If you request paper copies, an agency may charge up to twenty-five cents per photocopy
up to 9”x14”. If the paper copies requested are larger than 9’x14’, the agency can charge the actual cost
of making the copies.
If you request records to be transmitted electronically, and the agency maintains the records
electronically, there may be no basis for charging a fee.
If you request a large volume of electronic records, the agency can charge the actual cost of reproducing
the records. When it takes an agency more than 2 hours to prepare, extract or generate electronic data,
the agency could charge for the employee’s time.

Can I inspect records instead of paying the fees?
Yes. Any person has the right to inspect accessible records at no charge. If portions of the records may
be withheld, however, the agency is permitted to require payment for redacted copies of records. If
portions of electronic records can reasonably be redacted electronically, prior to disclosure, no payment
can be required for time needed to review the records and redact.

Do I have to give a reason why I want public records?
No. A