FOIL: Enrollment Projection Source Data including Live Birth Data and Communications (Plainedge Union Free School District)

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

Live Birth Data including constant birth rate, long term, short term and average birth rates for within the district for current and previous 6 years.

Birth to Kindergarten Survival Ratio used for the past 10 years by year.

Projected Kindergarten Enrollment for the past 10 years by year, and supporting data.

Any communications with NYS DOH or County DOH or other data service provider requesting, receiving or inquiring regarding live birth data, birth to kindergarten survival rate or other statistical data used for projecting enrollment.

Copies of all enrollment projections for the past 6 years and source statistical data, including but not limited to live birth data which were used to provide projected enrollment data upon which securities purchasers rely.

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

I am writing to appeal the Plainedge Union Free School District's decision to require a non-solicitation certification as a precondition to fulfilling my Freedom of Information Law (FOIL) request, submitted on March 5, 2023. The request sought information pertaining to enrollment projections, live birth data, and related communications.

According to the Committee on Open Government, public bodies are not allowed to impose such conditions. In an advisory opinion by the Committee, it was stated that, "it is emphasized that the provision imposing a condition on disclosure pertains only to lists of names and addresses of natural persons; no conditions may be imposed, in my opinion, with respect to requests for records other than such lists of names and addresses, irrespective of the intended use of the records." (FOIL-AO-15707).

Additionally, in another advisory opinion, the Committee on Open Government clarified that, "unless there is a basis for withholding records in accordance with the grounds for denial appearing in §87(2), the use of the records, including the potential for commercial use or the status of the applicant, is in my opinion irrelevant." (FOIL-AO-16508).

That said, please note that in my initial request the following attestation was provided: "The requested documents will be made available to the general public, and this request is not being made for commercial purposes."

In light of these advisory opinions, I respectfully request that the Plainedge Union Free School District reconsider its decision and process my FOIL request without requiring a non-solicitation certification. I have already stated in my initial request that the requested documents will be made available to the general public, and that the request is not being made for commercial purposes.

As required by the New York Freedom of Information Law, I expect a determination regarding this appeal within ten business days of your receipt of this appeal letter.

Thank you for your attention to this matter.