School District Web Site Still Not in Compliance with New York State FOIL Law

Written By: Robert Cox

This past August, Gov. David Patterson signed into law changes to the New York State Freedom of Information Law. State agencies, including the City School District of New Rochelle were given 60 days to bring their agencies into compliance with the law, a period which ended about 2 months ago. One of the requirements involved the web site.

Before Thanksgiving I asked Christine Coleman, head of IT for New Rochelle schools, to provide a link to the page on the web site where the district informs the public how they can obtain public records.

>>> Robert Cox 11/25/2008 9:31 AM >>>
Ms. Coleman,

Can you please send me a link to the page on the district’s web site
where the district has posted information about the Freedom of
Information law and the contact information for the records access
officer as well as the time and place where records are available?

Thank you,

Robert Cox

I never got a response so I raised the issue at the board meeting last night. Suddenly today I got an email from Ms. Coleman. Maybe someone is listening after all.

Mr. Cox,

In response to your questions-

– In the http://nred.org website – Look under Policies and Procedures in the left panel of the website.

The link reads – Inspection and Copying of Records – taken straight from Board Policy language.

http://www.nred.org/site_res_view_template.aspx?id=b7c027da-bd78-4dc2-9943-456f8ac349c8

The information is there.

Christine L. Coleman, M.S., P.D., A.B.D.
Director of Technology

In typical school district fashion, Ms. Coleman attempts a little CYA. If you look at the web page she sent the page was created AFTER I sent the email. Regardless, the web page she created does not comply with state law. Here is my reply.

Ms. Coleman,

Thank you for responding. I notice that the page says it was created on 11/25/2008 which suggests to me that you only added this page after my email last week. I appreciate your being so responsive. Unfortunately, the District web site is STILL not in compliance.

Let me suggest you review this web page: http://www.dos.state.ny.us/coog/foil2.htm

If you poke around a bit you will find this:

(c) Each state agency that maintains a website shall post information related to this article and article six-A of this chapter on its website. Such information shall include, at a minimum, contact information for the persons from whom records of the agency may be obtained, the times and places such records are available for inspection and copying, and information on how to request records in person, by mail, and, if the agency accepts requests for records electronically, by e-mail. This posting shall be linked to the website of the committee on open government.

The page you have sent me does not indicate the following, as required by law:

– The “persons” designated as Records Access Officer (you only show title)

– The times and places records are available for inspection and copying

– How to request records in person or by mail.

– Whether the district accepts record requests by email (it does)

Since you do accept requests by email you must provide the email address for the records access officer.

You also must have a link back to the New York State Committee on Open Government web site which is here: http://www.dos.state.ny.us/coog/coogwww.html.

This is what the District is REQUIRED to do by law. I would encourage you to go beyond the law and turn the page into a comprehensive resource for New Rochelle residents seeking to obtain records from the District. There is so much more you can do. I am sure we share the same desire for openness and transparency in what is, after all, a public institution, owned by the people. Let’s work together to help the people of New Rochelle get more involved with the public school system. In this spirit I hope you will links to documents the district is required to keep such as the complete list of all records, whether covered under FOIL or not, that are kept by the District and helpful tips on how best to obtain records.

I am doing a story on this for the newrochelletalk.com web site reporting that the district is not compliance with NYS law regarding FOIL and the web site. I will be happy to update the story if you bring the web site into compliance with New York State law. Please keep me informed when you get around to bringing the site into compliance and I will let my readers know.

Thank you,

Robert Cox