By Kimberly A. Fanniff

Associated Counsel

Recent amendments made to the state Freedom of Information Law (FOIL) require public entities, including school districts, to accept electronic requests for records and to transmit the records electronically if they can.  These amendments become effective October 24, 2006.

The state Committee on Open Government has prepared a model form that may be used by the public to make electronic requests.  Both may be found at http://www.dos.state.ny.us/coog/coogwww.html.

The committee recommends that public entities designate a single e-mail address to be used solely for accepting electronic requests for records.

Districts should remember that when receiving e-mail requests for records, the standard FOIL time lines apply.

Therefore, within five business days of receiving a request the records access officer must:

• Grant or deny the records request in whole or in part; or

• Inform the person requesting the records that the request does not reasonably describe the records sought and include the clarification needed;

• Furnish a written acknowledgement of the receipt of the request and a statement of the approximate date when the request will be granted in whole or in part (the approximate date must be within 20 days of the request).

When a request is denied, the school district must do so in writing and also inform the person of his or her right to appeal the denial within 30 days. The notification should contain the name, title, business address, and telephone number of the appeals officer.  Any appeal filed must be acted upon within 10 days.

To request information from Clinton Central School District please send your request to: foil@ccs.edu