FOIL and FERPA Policies

Freedom of Information Law (FOIL)

It is our policy as required by the Freedom of Information Law (FOIL) to furnish to the public the information and records maintained by St HOPE Leadership Academy Charter School. A “record” is any information kept, held, filed, produced or reproduced by, with or for St HOPE Leadership Academy Charter School in any physical form whatsoever, including, but not limited to reports, statements, examinations, memoranda, minutes, agendas, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, electronic documents, rules, regulations, or codes.

Any request for records or information from the school must be in writing and submitted to the school leader.  Within five business days of receipt of a written request, the school, depending on the requested information, will respond by:

• Making the information available at the school itself during normal business hours to the person requesting it;
• Providing written acknowledgement of receipt of the request that supplies an approximate date for when the request will be granted or denied; or
• Denying the request in writing.

If the person requesting information is denied access to a record, s/he may, within 30 days, appeal such denial to the school leader. Upon timely receipt of such an appeal, the school, within 10 business days of the receipt of the appeal, will fully explain the reasons for further denial or provide access to the record(s) sought. The school will also forward a copy of the appeal, as well as its ultimate determination, to the Committee on Open Government. If further denied, the person requesting information may further appeal through an Article 78 proceeding.

The school may deny access to requested records if:

• Such records are specifically exempted from disclosure by state or federal statute;
• Such access would constitute an unwarranted invasion of personal privacy;
• Such records, if disclosed, would impair present or imminent contract awards or collective bargaining negotiations;
• Such records are trade secrets and which, if disclosed, would cause substantial injury to the competitive position of a commercial enterprise;
• Such records are compiled for law enforcement purposes and which, if disclosed, would meet the conditions set forth in Public Officers Law §87(2)(e);
• Such records, if disclosed, would endanger the life or safety of any person;
• Such records are computer access codes; and/or
• Such records are internal materials which are not statistical or factual tabulations of data, instructions to staff that affect the public, a final policy, nor external audits.

FERPA The Family Education Rights and Privacy Act of 1974 (FERPA) requires the school to protect a scholar’s privacy. SHLACS will not disclose any information from the scholar’s permanent records except as authorized pursuant to FERPA, or in response to a subpoena, as required by the law. The parent or legal guardian of a scholar under 18 years of age, or a scholar 18 years of age or older, is entitled to access the scholar’s school records by submitting a written requirement to the Principal or Director of Operations. Further information concerning the disclosure of scholar information and limitations on such disclosure may be found in FERPA and school district policy adopted pursuant thereto.