August 23 Renewal of Appeal of Freedom of Information Law Request

We have renewed our appeal regarding the New York City Department of Education’s noncompliance with our Freedom of Information Law request.

Here are excerpts from our legal counsel’s Renewed Appeal Letter:

As indicated in our August 1, 2007, letter setting out grounds for appeal of your constructive denial of our July 23, 2007, FOIL request (New York City Department of Education
[“NYCDOE”] FOIL request number 5281), the undersigned represent a broad coalition of concerned parents and residents of New York City, the State of New York, and others.

We hereby renew our previously submitted appeal given the fact that more than 20 business days has transpired since the NYCDOE acknowledgment dated July 25, 2007….

…with the additional fact that now more than 20 business days have elapsed since the NYCDOE acknowledgment and there has been no written explanation whatsoever as to why the materials requested have not been made available….

…Twenty business days have elapsed since the date of the NYCDOE acknowledgment letter and we have received no explanation for the delay in providing the information requested as per the FOIL.

Pursuant to Section 4(a) of the Freedom of Information Law, non-compliance with Section 3(a) of the law constitutes “denial” of the FOIL request. Therefore, we hereby appeal on behalf of our clients to Chancellor Klein, as head of the NYCDOE, to order his subordinates to conform immediately and forthrightly to the law and to respond appropriately to the FOIL Request we submitted on behalf of our clients.

The Renewed Appeal Letter is also available in the Press and Documents sections of this website.

Concerned citizens of New York have donated a significant sum to help with legal costs. We look forward to sharing with the public all materials provided through FOIL and other legal processes in the coming weeks.

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