FOIL and FERPA Requests

FOIL Requests

The Freedom of Information Law (commonly referred to as FOIL) requires school districts to allow public access to certain official records and reaffirms the public’s right to know how government operates.  The law does not require that records be created or compiled in order to comply with a request.  The district is required to provide records that exist, are in its possession, and are not otherwise exempt from the provisions of FOIL.  Manipulation of computer data in response to a request will not be considered “creating” a new record unless it involves significant expense.

Submitting a FOIL

FOIL requests must be made in writing, either in hard copy or electronically, to the Records Access Officer by either:

  • Writing:
    Carmel Central School District
    Attention:  Mr. Ken Silver, Records Access Officer
    81 South Street, PO Box 296
    Patterson, NY  12563
  • Faxing: (845) 878-4337
  • Emailing: foil@carmelschools.org

You can copy the text below into your correspondence and use the portions that are most applicable to your request:

Dear Records Access Officer:

  1.  Please email me the following records if possible (include as much detail about the record as possible including names, dates, times, descriptions, etc.)

  2. Please advise me of the appropriate time during normal business hours for inspecting the following records prior to (or instead of) obtaining copies (include as much details about the record as possible including names, dates, times, descriptions, etc.)

  3. Please inform me of the cost of providing paper copies of the following records (include as much detail about the record as possible including names, dates, times, descriptions, etc.)

  4. If all the requested records cannot be emailed to me, please inform me by email of the portions that can be emailed and advise me the cost for reproducing the remainder of the records requested.

  5. If the requested records cannot be emailed to me due to the volume of records identified in response to my request, please advise me of the actual cost of copying all records onto a USB flash drive.

  6. If my request is too broad or does not reasonably describe the records, please contact me via email so that I may clarify my request, and when appropriate, inform me of the manner in which records are filed, retrieved or generated.

  7. If it is necessary to modify my request, please contact me at: (include your phone number).

If, for any reason, any portion of my request is denied, please inform me of the reasons for the denial in writing, and provide the name, address and email address of the person or body for whom an appeal should be directed.

Thank you.

Your name and contact information

Please be as specific as possible when describing the requested records. The narrower the request, the faster the District will be able to provide any responsive records. If your request is unclear, you will be contacted to provide specificity before work can begin on your request.

FOIL Request Acknowledgement

The school district must respond within five business days to acknowledge receipt of the written request by either making the record available, issuing a written denial, or acknowledging the request.  The acknowledgement will provide an estimated response date, no more than 20 business days away, of when the request is expected to be granted, or denied, based on the information in the request.  (Business days exclude weekends, holidays, and school recesses).  An extension may be necessary if the request is time consuming, yields a voluminous amount of records, requires extensive redacting, or other factors.  If this is the case, the district will provide another date by which the request will either be granted or denied.

Examples of information that may be withheld from a FOIL request include records that:

  1. Are specifically exempt from disclosure by state or federal law (e.g., attorney-client privileged information, or student records protected by the Family Educational Rights and Privacy Act (FERPA));
  2. Constitute an unwarranted invasion of personal privacy;
  3. Are inter-agency or intra-agency materials that contain opinion, recommendation or the like;
  4. If disclosed, would impair present or imminent contract awards or collective bargaining negotiations;
  5. If disclosed could endanger the life or safety of any person.

The fee for paper copies of documents up to 8 1/2 x 14 inches is 25 cents per page. The fee for other records will reflect the actual cost of reproducing the record (e.g., the cost of a USB flash drive, or professional copying services for very large documents such as property maps

FERPA Requests

Family Educational Rights and Privacy Act (FERPA)

Policy 5500 – Student Records

The Family Educational Rights and Privacy Act, (FERPA), is a federal law that protects the privacy of student educational records. It also places certain restrictions on the disclosure of “non-directory information” contained in a student’s educational record. It affords parents and students, who are 18 years of age or older (“eligible students”), certain rights with respect to their child’s educational records.

These rights are:

  1. The right to inspect and review the student's education records within 45 days after the day the District receives a request for access. Unlike a FOIL request, FERPA does not mandate that schools acknowledge receipt of such requests, but this courtesy is extended to the family and when acknowledged, the date the records will be made available to you will be provided.
  2. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. Parents or eligible students who wish to ask the District to amend their child’s or their education record should write the school principal, clearly identify the part of the record they want changed, and specify why it should be changed. If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
  3. The right to provide written consent before the school discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. The criteria for determining who constitutes a school official and what constitutes a legitimate educational interest must be set forth in the school’s or school district’s annual notification for FERPA rights. A school official typically includes a person employed by the school or school district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a member of the Board of Education; a person or company with whom the district has contracted to perform a special task (such as attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official typically has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Upon request, the school discloses education records without consent to officials of another school or school district in which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer.
  4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the [School] to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202 

FERPA Release Form – Authorization for Third Party

Under FERPA, your child’s educational records are protected and cannot be shared with others without your written consent unless the request falls under certain legal exceptions, and this includes speaking to anyone other than a parent/guardian about a child’s academic records and performance, grades, attendance, etc.

If you are parent/guardian and wish to authorize the Carmel Central School District to release educational records of your child, or to discuss your child’s education with a third party, please complete the FERPA Release Form and send it to the building principal where your child attends school. If you do not indicate otherwise, the authorization remains in effect for one year from the date of signature and must be renewed each year. The form can be revoked at any time by contacting the school principal where your child attends school.

Request to Review or Inspect Student Educational Records

If you are a parent/guardian and wish to review or inspect your child’s educational records, please complete and sign the FERPA Release Form and submit by either:

Emailing: ferpa@carmelschools.org.
Faxing: (845) 878-4337

Writing:
Carmel Central School District
Attention: Mr. Ken Silver, Records Officer
81 South Street, PO Box 296
Patterson, NY 12563

Unlike a FOIL request, FERPA does not mandate that schools acknowledge receipt of such requests, but this courtesy is extended to the family and when acknowledged, the date the records will be made available to you will be provided.

To Request to View a Video

FERPA requires that a school district provide parents/guardians with an opportunity to “inspect and review” a video that is part of their child’s educational record.

  • School Building Video: Please include in your written request your child’s name, school of attendance, estimated time of event, location in building where event took place, and any other information that you believe will help locate the video.
  • Bus Video: Please include in your written request the bus/route number, approximate location of where your child was sitting on the bus (front, back, middle), description of your child’s attire or backpack, and whether you would like to see the AM or PM route, or both.

FERPA generally does not require a school district to release copies of a video to a parent. After the FERPA request is made, the District will review the request and determine whether you have the right to view this particular video. Then the video is downloaded and reviewed by the district, and an appointment will be made to view the video in the office of Ken Silver, Assistant Superintendent for Operations, Human Resources and Business, at the District Office, located at 81 South Street, Patterson, NY. Please know that the video cannot be recorded.

A court order is required for the release of any video that is part of a child’s educational record.