FOIL Policy

Overview

This policy explains NYC Autism Charter Schools (the “School”) procedures for requesting and obtaining access to school records in compliance with the New York State Freedom of Information Law (Article 6 of the New York Public Officers Law; “FOIL”). This policy is implemented in conjunction with the School’s Student Records Privacy Materials Policy. Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.

Designation of Records Access Officer

The Executive Director, Julie Fisher (or her successor), is designated as the Records Access Officer.

The Executive Director’s contact information is:

Address: NYC Autism Charter Schools, 433 E 100th St., NY, NY 10029
Telephone: (212) 860-2580
Email: info@nycautismcharterschool.org

The Records Access Officer is responsible for the following:

  • Ensuring the School’s appropriate response to public requests to access records.
  • Maintaining a Subject Matter List (defined below).
  • Assisting persons seeking records to identify the records sought, if necessary, and when appropriate, indicate the manner in which the records are filed, retrieved or generated to assist persons in reasonably describing records.
  • Contacting persons seeking records when a request is voluminous or when locating the records involves substantial effort in order to ascertain the nature of records of primary interest and attempt to reasonably reduce the volume of records requested.
  • Granting requests and make records available for inspection and copying or denying access to the records in whole or in part and explaining the reason(s) to the requester in writing.
  • Certifying, upon request, that a record is a true copy.
  • Certifying, upon failure to locate records, that the School is not the custodian for such records, or the records of which the School is a custodian cannot be found after diligent search.

Designation of Records Appeals Officer

The Secretary of the NYCACS Board of Trustees is designated as the Records Appeals Officer. The Records Access Officer is responsible for ensuring the School’s appropriate response to requesters’ appeals of the School’s denial of their requests to access records. The Records Access Officer and the Records Appeals Officer shall not be the same person.

The Board Secretary’s contact information is:

Address: NYC Autism Charter Schools, 433 E 100th St., NY, NY 10029
Telephone: (212) 860-2580
Email: info@nycautismcharterschool.org

Submission of Requests

Any requests for school records or information from the School must be submitted in writing to the Records Access Officer and must reasonably describe the records sought. Requests may be submitted in person, by mail, or via e-mail. Requests will only be received on regular school days between the hours of 9:00 a.m. and 5:00 p.m. A request is deemed received at the earliest time within those hours that it is in the possession of the Records Access Officer.

Response to Requests

Within five (5) business days of receiving a written request, the Records Access Officer will respond by:

  • Granting or denying the request, in whole or in part;
  • Making the responsive documents available at the School itself during normal business hours to the requester or, if requested, sending responsive electronic documents via email to the requester (paper-only records will not be converted into electronic format); or
  • Denying the request because it does not reasonably describe the records sought and offering to assist the requester in identifying the records sought, including by describing how records are filed, retrieved, or generated;
  • Acknowledging receipt of the request and supplying an approximate date for when the request will be granted or denied, which date will be reasonable under the circumstances of the request but not more than twenty (20) business days.
    • Where the acknowledgment includes an approximate date when the request would be granted, but circumstances prevent disclosure within that time, the Records Access Officer will provide the requester with written notice specifying the reason(s) for the inability to do so and providing a date, within a reasonable period under the circumstances, when the disclosure will occur.

Granted Requests

If a request is granted in whole or in part, but cannot be fulfilled within twenty (20) business days of the date of the School’s acknowledgement of the request, the Records Access Officer will notify the requester in writing of the reason(s) why it cannot be fulfilled within that time period and provide a date, reasonable under the circumstances, when the request will be fulfilled.

If a requester asks for records in a specific format (electronic or paper), the School will make reasonable efforts to produce the records in the requested format. The School does not provide electronic records in encrypted format, but will take reasonable measures to send the records through secure means (e.g., password-protected file or secure file sharing program).

Where a request is granted, the records shall be available for public inspection and copying at:

NYCACS East Harlem: 433 East 100th Street, New York, NY 10029
NYCACS Bronx: 1180 Tinton Avenue, 4th Floor, Bronx, NY 10456
Hours: Monday–Friday, 9:00 a.m.–5:00 p.m.

Denials

In its written denial, the School will include the reason for denial and advise the requester of their right to appeal and the name, title, business address, business email address, and business telephone number of the Records Appeals Officer.

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.

A failure to comply with the time limitations described herein shall constitute a denial of a request that may be appealed.

Appeals

If the requester is denied access to a record, they may appeal such denial to the Records Appeals Officer within thirty (30) days of receiving the denial. Appeals must be submitted in writing and may be submitted in person, by mail, or via e-mail. Appeals should reasonably detail the date and location of the requests for records, a description of the records that were denied, and the name and return address of the person denied access. Appeals will only be received on regular school days between the hours of 9:00 a.m. and 5:00 p.m. An appeal is deemed received at the earliest time within those hours that it is in the possession of the Records Appeals Officer.

The School will respond within (10) business days after the receipt of an appeal. The School’s final determination in response to the appeal will either explain the reasons for further denial (including denial based on an untimely appeal) or grant access to the record(s) sought. The School will also forward a copy of the appeal and its final determination to the Committee on Open Government immediately after receipt or issuance, respectively. A failure to comply with the time limitations described herein shall constitute a denial of the appeal.

If the request is further denied, the requester may further appeal through an Article 78 proceeding. Likewise, if the School does not follow the FOIL appeal procedures, it will constitute a denial of the FOIL appeal for purposes of allowing the requester to bring an Article 78 proceeding.

Records Maintained

The School maintains:

  • A record of the final vote of each trustee in every proceeding in which the trustees vote;
  • A record setting forth the name, public office address, title and salary of every officer or employee of the education corporation; and
  • A reasonably detailed current list, by subject matter, of all records in the school’s custody or possession, which is updated annually (“Subject Matter List”).

Fees

There is no fee to inspect or search for records. Photocopies of records can be made on-site for 10 cents per page. By law, the fee for copying records shall not exceed 25 cents per page for photocopies not exceeding 9 by 14 inches. The fee for photocopies of records which are not an appropriate size for the School’s photocopy equipment shall not exceed the actual reproduction cost, which is the average unit cost for copying a record, excluding fixed costs of the agency such as operator salaries. For electronic records requiring more than two hours of staff time to fulfill, the School may charge a fee based on the hourly wage of the lowest-paid employee capable of completing the work, plus the actual cost of any storage media provided (e.g., flash drive). If the School must engage an outside service due to inadequate internal technology, the actual cost of that service may be charged. The School will notify the requester of the estimated cost in advance when more than two hours of staff time is needed.

Public Notice

The School will publicly post a copy of this policy and its Subject Matter List to satisfy the FOIL notice requirements. The policy is on the School’s website, here:

Freedom of Information Law (FOIL) Policy

The School will also provide this policy in the Family Handbook and make this policy available in the office upon request.

For further information, please refer to: Committee on Open Government, Freedom of Information Law.

FOIL Subject Matter List

Date Last Updated: August 2026

The FOIL Subject Matter List for NYC Autism Charter Schools includes a reasonably detailed list, by subject matter, of all records in the School’s custody or possession, in accordance with Public Officers Law § 87(3)(c). The list is reviewed and updated no less than annually to ensure ongoing compliance.

Subject Matter Categories

The following categories of records are maintained by NYC Autism Charter Schools:

  • Governance and Board Records – Board meeting minutes, resolutions, trustee votes, bylaws, and conflict of interest policies. Includes: record of final trustee votes in all voting proceedings; board committee records; code of ethics.
  • Administrative and Personnel Records – Staff rosters (name, title, public office address, and salary), personnel policies, and employment agreements. Includes: officer and employee salary list (name, public office address, title, and salary for each); fingerprint clearance records; teacher certification records.
  • Financial Records – Budgets, audited financial statements, accounts payable and receivable records, grant documentation, and fiscal policies.
  • Academic and Curriculum Records – Curriculum guides, instructional materials, assessment policies, and accountability plan progress reports.
  • Student Records – Aggregate enrollment data, promotion and graduation policies, and student handbooks. (Individual student records are protected under FERPA and are not subject to FOIL disclosure.)
  • Special Education Records – Special education policies, IEP procedures (aggregate/non-identifying), and compliance documentation.
  • Health and Safety Records – Health services policies, immunization record procedures, safety plans, and emergency protocols. Includes: School SAVE Plan (District-Wide Safety Plan); student immunization records (aggregate); student accident reports; reports of fire department inspections; nursing service records.
  • Family and Community Engagement Records – Family handbooks, enrollment and retention plans, outreach materials, and complaint procedures.
  • Contracts and Agreements – Vendor contracts, facility agreements, and partnership organization agreements. Includes: management contract records (if applicable); outside service contracts; students with disabilities service provider contracts; facility lease agreements.
  • Compliance and Legal Records – FOIL policy and notices, FERPA policy, code of conduct, discipline policies, and civil rights compliance documentation.
  • Annual Reports and Accountability – Annual reports, charter renewal applications, accountability plan progress reports, and New York State School Report Cards.