Request for Information
New York State’s Freedom of Information Law (Public Officers Law §87 et; seq;) allows members of the public to access records of governmental agencies. FOIL provides a process for the review and copying of an agency’s records. Find out more about FOIL on the state website. Please note that each government entity or agency handles their own FOIL requests.
Submitting a Freedom of Information Law Request
Application
Sample Language for Filing and Appeal
Requests can be made by postal mail, email or in-person.
Mail:
Mary Beth Bruno
Records Access Officer
900 Watervliet-Shaker Road
Albany, NY 12205
518-862-4920
Email: foil@neric.org
In-person requests:
Requests can be made in person from 8 a.m. to 4 p.m. at:
Capital Region BOCES, 900 Watervliet-Shaker Road, Albany, NY 12205
Fee for Duplication of Records
Capital Region BOCES charges the statutorily permitted fee of $.25 per page for photocopies of records requested under FOIL (Public Officers Law §87[1][b][iii]). Additional copy preparation fees may apply as permitted by law. There is no provision in law or regulation requiring a waiver of this fee. Payment must be made to the Capital Region BOCES by check or money order. Payment should not be submitted until you are notified that your request is granted and informed of the charge for your request.
Submitting a FOIL Appeal
Any person denied access to a record may appeal within 30 days by emailing lauren.gemmill@neric.org or writing to: Lauren J. Gemmill, District Superintendent, Capital Region BOCES, 900 Watervliet-Shaker Rd, Albany, NY 12205.
FOIL Appeal Procedures
Pursuant to New York Public Officers Law §89(4) within ten business days of the receipt of a FOIL appeal an agency shall “fully explain in writing to the person requesting the record the reasons for further denial, or provide access to the record sought;” Failure by an agency to provide such a determination shall constitute a denial. A person denied access to a record in a FOIL appeal determination may bring a proceeding for review of such denial pursuant to article seventy-eight of the civil practice law and rules.
Requesting Confidential Educational Record(s), Information or Data
If you are requesting confidential educational record(s), information or data you must fill out the New York State Education Department’s “Verification and Authorization” form and provide the completed signed and notarized form to the Records Access Office. View sample Verification and Authorization form
A legible scanned or faxed copy is acceptable. You may fax the form, send it by email or postal mail.
Requesting Disciplinary Information on a Licensed Professional or Educator
The Freedom of Information Law, while making certain the New York State Education Department records available for inspection or release, does not apply to records that are specifically exempted from disclosure by state or federal statute (Public Officers Law, Section 87(2)(a)).
Section 6510 (8) of the Education Law specifically states “the files of the Department relating to the investigation of possible instances of professional misconduct, or the unlawful practice of any profession licensed by the board of regents, or the unlawful use of a professional title or the moral fitness of an applicant for a professional license or permit, shall be confidential and not subject to disclosure at the request of any person, except upon the order of a court in a pending action or proceeding;”
If you desire disciplinary information about professionals licensed by the New York State Education Department, please visit the state website. Disciplinary information related to physicians is available through the New York State Department of Health’s website.