Records on 1945 Legislation Authorizing School District Expenditures for NYSSBA Dues
| Tracking # |
P11206JRB |
| Submitted | Feb. 25, 2024 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: Jackson Parker
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
The New York State School Boards Association (NYSSBA) has communicated, albeit without specific legal citations, that "In 1945, the expenditure of public funds payable as dues to the Association was given a legal foundation in Education Law by the state Legislature." In light of this statement, I am seeking access to records under the New York State Freedom of Information Law that could provide clarification and documentation of this legal foundation. My request includes:
-Legislative Documents: I am requesting copies of legislative documents, memoranda, or official notices from around 1945 that detail the authorization for school districts to use public funds for NYSSBA membership dues. This includes any legislative acts or amendments specifically enabling such expenditures.
-Official Correspondence: I seek any official correspondence between the New York State Education Department (NYSED) and NYSSBA, dating from 1945 to the current day, which discusses or references the legal basis for using public funds for NYSSBA dues.
-Policy Documents: I am interested in obtaining any policy documents, guidelines, or bulletins issued by NYSED that address or relate to the expenditure of public funds for the purpose of NYSSBA membership dues.
I recognize the importance of making my request specific and actionable. This request is aimed at accessing existing, identifiable records without requiring your department to undertake legal interpretation or generate new documentation.
I recognize that the timeframe specified in my request, spanning from 1945 to the present, may present a broad scope that could potentially place an undue burden on your department. Therefore, I would like to emphasize my openness to partial responses. If locating documents from the entire period specified proves to be overly burdensome, I kindly request that the department prioritize the search and provision of documents from the following more focused timeframes, in order of importance:
-Documents from the year 1945/1946 itself, given its specific mention in the context of providing legal foundation for school districts' expenditures on NYSSBA membership dues.
-Key documents from significant legislative or policy milestones related to this matter, should they be readily identifiable by your department.
This approach is intended to balance the need for thoroughness with practical considerations regarding the volume of records and the effort required to retrieve them. My goal is to facilitate a manageable and effective search process that aligns with both our interests in accessing relevant public records.
Furthermore, if during the process of fulfilling this request, specific documents are identified that would substantially respond to the core of my inquiry, I am amenable to narrowing the scope further based on your suggestions. Your expertise and understanding of the department's records could provide valuable guidance in focusing this request more effectively.
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 5 business days, as the statute requires.
Sincerely,
Jackson Parker
From: New York State Education Department
To: Jackson Parker
Your e-mail sent to the Freedom of Information Law (FOIL) Officer of the New York State Education Department has been forwarded to the New York State Archives for a response. This e-mail acknowledges receipt of your request for disclosure and copies of records, dating from 1945 to the present, relating to a provision of the Education Law concerning school board membership in the New York State School Boards Association.
For your information, the provision of interest is Education Law sect. 1618, which was enacted by Laws of 1945, Chapter 92. The section has not been amended since its enactment. The text of sect. 1618 is attached for your reference.
Records of the State Education Department and other offices if relevant will be searched for records that are responsive to your request. Because of the long period of records to be searched, a final response to your request will be made within twenty (20) business days, on or before March 27, 2024.
James D. Folts
Acting Records Access Officer
Head, Researcher Services
New York State Archives
Cultural Education Center 11A42
Albany, NY 12230
www.archives.nysed.gov<http://www.archives.nysed.gov/>
archref@nysed.gov<mailto:archref@nysed.gov>
[cid:image001.jpg@01DA6A4F.E3E07670]
-
image001
From: New York State Education Department
To: Jackson Parker [e-mail requests@muckrock.com<mailto:requests@muckrock.com>]
This e-mail is the final response by the New York State Archives to your Freedom of Information Law (FOIL) request for records, dating from 1945 to the present, of records relating to Education Law sect. 1618. Specifically, you request copies of any records that "could provide clarification and documentation" of the statute, including legislative documents, policy documents, and official correspondence.
A diligent search was made for records responsive to your request, and the following records were located and copied:
[1.] Governor's "bill jacket" for Laws of 1945, Chapter 92 (in State Archives record series 12950), which enacted what is now Education Law sect. 1618. The bill jacket contains a copy of the bill that was enacted, as well as comments on the bill. The jacket has been scanned, and a link to the digital file will be transmitted to you in a separate e-mail.
[2.] Legal opinions of the Commissioner of Education relating to sect. 1618, found in 1 Education Department Reports 718 and 5 Education Department Reports 232. Digital copies of those published opinions are attached.
I hereby certify that after a diligent search, no "policy documents" or "official correspondence" concerning sect. 1618 were found in the correspondence and subject files of the Commissioner of Education that have been transferred to the State Archives by the State Education Department. Under my direction, staff searched the Commissioner's correspondence and subject files dating from 1945 through 2014, and no documents responsive to your request were located. More recent subject and correspondence files have not been transferred to the Archives.
Because no policy documents or official correspondence were located, you may appeal this partial denial of your request by sending a letter within thirty (30) days to Dr. Betty Rosa, Commissioner of Education, New York State Education Department, 89 Washington Avenue, Albany, NY 12234. The letter may attached to an e-mail sent to FOILappeal@nysed.gov<mailto:FOILappeal@nysed.gov>
James D. Folts
Acting Records Access Officer
Head, Researcher Services
New York State Archives
Cultural Education Center 11A42
Albany, NY 12230
www.archives.nysed.gov<http://www.archives.nysed.gov/>
archref@nysed.gov<mailto:archref@nysed.gov>
[cid:image001.jpg@01DA6A4F.E3E07670]
-
image001
From: New York State Education Department
Good morning,
The relevant record related to your request was sent to the Digitization unit and scanning has been completed.
Attached is a digital copy of the bill jacket for Chapter 92 of the Laws of 1945.
***
New York State Archives
Researcher Services
11A36 Cultural Education Center
222 Madison Avenue
Albany, NY 12230
518-474-8955
archref@nysed.gov<mailto:archref@nysed.gov>
P11206JRB
Confidentiality Notice
This email including all attachments is confidential and intended solely for the use of the individual or entity to which it is addressed. This communication may contain information that is protected from disclosure under State and/or Federal law. Please notify the sender immediately if you have received this communication in error and delete this email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
Files
pages