- The district shall hear appeals regarding denial of access to records under the Freedom of Information Law.
- Denial of access shall be in writing stating the reason therefor and advising the person denied access of his/her right to appeal to the Superintendent of Schools, and that person shall be identified by name, title, business address, and business telephone number.
- If the district fails to respond to a request within five business days of receipt of a request, such failure shall be deemed a denial of access by the agency.
- Any person denied access to records may appeal within 30 days of a denial.
- The time for deciding an appeal by the Superintendent shall commence upon receipt of written appeal identifying:
- the date and location of a request for records;
- the records that were denied; and
- the name and return address of the appellant.
- The Superintendent shall transmit to the Committee on Public Access to Records copies of all appeals upon receipt of an appeal. Such copies shall be addressed to:
Committee on Public Access to Records
Department of State
162 Washington Avenue
Albany, New York 12231
- The Superintendent shall inform the appellant and the Committee on Public Access to Records of its determination in writing within seven business days of receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records.
- A final denial of access to a requested record shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules,