FREEDOM OF INFORMATION LAW

Emblaze Academy Charter School complies with New York State's "Freedom of Information Law" (FOIL).

When the school receives a request for information under the Freedom of Information Law, it responds to it in the following manner:

Ø  Within 5 business days of receipt of a written request, the school shall make the information available to the person requesting it, deny the request in writing, or provide a written acknowledgment of receipt of the request that supplies an approximate date, which shall be reasonable under the circumstances, for when the request will be granted or denied.

Ø  If Emblaze Academy determines to grant access to the requested information, and if circumstances prevent disclosure to the person making the request within 20 business days of the acknowledgment of receipt of the request, the school shall state, in writing, both the reason for the delay and a date certain, within a reasonable period of time, depending on the circumstances, when the request will be granted in whole or in part. Failure of the school to conform to the provisions of paragraph one above or this paragraph two, shall constitute a denial of the request for information.

Ø  If an individual is denied access to a record, he or she may, within 30 days (or such period as defined by law, as may be modified over the course of the charter), appeal such denial to the Principal.

Ø  Upon timely receipt of such an appeal, Emblaze Academy shall, within 10 business days of the receipt of the appeal (or such period defined by law, as may be modified over the course of the charter), fully explain the reasons for further denial or provide access to the record sought. The school also must forward a copy of the appeal, as well as its ultimate determination, to the New York State Committee on Open Government.

Exceptions to disclosure: Emblaze Academy may deny access to a requested record for a variety of reasons, including that:

a) such access would constitute an unwarranted invasion of personal privacy;

b) such access would violate either state or federal law;

c) such records are compiled for law enforcement purposes; and/or

d) such records are inter agency or intra agency materials which are not statistical or factual tabulations of data, instructions to staff that affect the public or a final policy. Except for records specified in Public Officers Law §87(3), the school shall not be required to prepare any record that it does not maintain or have in its possession.

The school may charge a copying fee for each paper page (up to 8.5”x11”) requested to be copied. The fee shall be the maximum fee allowed by New York law. Preparation of electronic copies of records will be charged in accordance with NY Public Officers Law §87(1)(c).

The school should promulgate FOIL regulations pursuant to Public Officers Law §87(1)(b) and 21 NYCRR Part 1401. 

The school shall post required FOIL information on its website in accordance with Public Officers Law §87(1)(c).