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Freedom of Information Law (FOIL)

Freedom of Information Law (FOIL)

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. More information about the Freedom of Information Law can be found at: http://www.dos.state.ny.us/coog/foil2.html .

Please note that each government entity or agency handles their own FOIL requests.

For a Subject Matter List of Education Department records, click here.

Submitting a Freedom of Information Law (FOIL) Request

Freedom of Information Law requests for State Education Department records may be made by:

E-Mail:FOIL@nysed.gov

Mail:

Records Access Officer
New York State Education Department
89 Washington Ave, Room 121 EB
Albany, NY 12234
Phone: 518-408-1818
Fax: 518-473-2827

Sample FOIL Request for Records

Fee for Duplication of Records:

SED 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 NYS Education Department 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.

FOIL Appeal Procedures:

Any person denied access to a record may appeal within thirty days by writing to:

Commissioner of Education
New York State Education Department
89 Washington Avenue
Room 111, Education Building
Albany, NY 12234

Sample for Filing an Appeal

Requesting Confidential Educational Record(s), Information or Data

If you are requesting confidential educational record(s), information or data you must fill out the Department’s “Verification and Authorization” form and provide the completed signed and notarized form to the Records Access Office.  

A legible scanned or faxed copy is acceptable. You may fax the form to 518-473-2827, send it by email to foil@nysed.gov, or mail to the Records Access Office, New York State Education Department, 89 Washington Avenue (Room 121 EB), Albany, NY 12234.

For additional information, click here.

Requesting Disciplinary Information on a Licensed Professional or Educator

The Freedom of Information Law, while making certain 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 State Education Department, please visit our website at http://www.op.nysed.gov/opd/.  Disciplinary information related to physicians is available through the New York State Department of Health’s website, www.health.state.ny.us/nysdoh/opmc/main.htm.

Requesting Diplomas or Educational Records

For high school equivalency (GED®/TASC™) records, go to http://www.acces.nysed.gov/ged/.

School records should be directed to the school or school district of attendance. You can find a list of school districts and contact information by going to http://www.nysed.gov/admin/admindex.html.