NYSED / OATH IESP 2024

Jesse Cutler filed this request with the New York State Education Department of New York.

It is a clone of this request.

Tracking #

FL-EM-24-1227

FL-EM-24/1227

Status
Rejected

From: Jesse Cutler

To Whom It May Concern:

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

all correspondence and communication from July 1, 2022 to the present time between the New York State Education Department, including but not limited to the Board of Regents, and the New York City Office of Administrative Trials and Hearings, regarding Individualized Education Services Plans, and including proposed changes to the Section 200.5 of the Regulations of the Commissioner of Education Relating to Special Education Due Process System Procedures for students with Individualized Education Services Plans.

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,

Jesse Cutler

From: New York State Education Department

We are in receipt of your request as of this morning. We did not receive it on the 16th.

From: New York State Education Department

Dear Mr. Cutler:

This is to acknowledge receipt of your Freedom of Information Law (FOIL) request for State Education Department (SED) records regarding NYSED/OATH IESP 2024. The reference number for this request is FL-EM-24/1227. Please be advised that you will hear further from the Department by approximately November 6, 2024 as to whether your request will be granted or denied in whole or in part.

SED charges the statutorily permitted fees under FOIL. These include $.25 per page for photocopies or the actual cost of reproducing records requested under FOIL (Public Officers Law §87[1][b][iii]). Payment must be made to the NYS Education Department by check or money order. Do not send any payment until you are notified that your request is granted and informed of the charge for your request. If your request is granted, the records will be provided to you in the manner requested (i.e. hardcopy or electronic), or if not specified, in a reasonable manner selected by this office.

If your request is granted, and there is a fee, one of the following will happen:

1. If your request can be filled immediately, and the total photocopy or reproduction fee is under $25.00, staff will forward the requested records to you with a statement what you owe. Or:

2. If the reproduction fee or photocopy fee for your request is $25.00 or more, you will be advised of the page count (+100 pages) or other expenses and the fee(s) owed in advance of our providing the records. Upon receipt of payment, staff will photocopy or otherwise reproduce the requested records and transmit, as appropriate. Or:

3. If it will take time to locate and/or photocopy or otherwise reproduce the records you have requested, you will be given a date by which you will be provided with a page count and/or estimated cost to fulfil your request.

Please note, there is no provision in law or regulation requiring the waiver of a fee under FOIL.
Regards,
Records Access Officer

From: New York State Education Department

Dear Jesse Cutler:
This is in response to your Freedom of Information Law (FOIL) request for New York State Education Department (NYSED) records FL-EM-24-1227 regarding Individualized Education Services Plans and proposed changes to the Section 200.5 of the Regulations of the Commissioner of Education as described further in the attached FOIL request.

Please be advised that your FOIL request is still under review. Due to the scope and nature of your request, and the effort required to identify and collate the appropriate records, it will take the Department additional time to complete your request. The NYSED Office of Special Education will be providing documents responsive to your request on a rolling basis. You will hear from the Department on or before May 16, 2025, as to whether your request will be granted or denied in whole or in part. If your request is granted, we will provide you with the documents or advise you of the page count and any duplication costs.

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.

From: New York State Education Department

Dear Jesse Cutler:

This is in response to your Freedom of Information Law request for New York State Education Department records FL-EM-24-1227 regarding correspondence and communication from July 1, 2022 to the present time between the New York State Education Department, including but not limited to the Board of Regents, and the New York City Office of Administrative Trials and Hearings, regarding Individualized Education Services Plans, and including proposed changes to the Section 200.5 of the Regulations of the Commissioner of Education Relating to Special Education Due Process System Procedures for students with Individualized Education Services Plans, received on September 16, 2024.

Please be advised that the requested documents have been withheld pursuant to the exemptions specified in the Public Officers Law ("POL") §87(2). At this time, the requested records are considered "inter-agency or intra-agency materials" not disclosable under POL §87(2)(g)(i) through (iv).

If you wish to appeal this decision, you may do so within 30 days by emailing FOILappeal@nysed.gov<mailto:FOILappeal@nysed.gov> or writing to:

Betty A. Rosa
Commissioner of Education
NYS Education Department
Room 111, Education Building
89 Washington Avenue
Albany, NY 12234

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.