trench warfare on the board of ed

Peter Meyer:

Re: [irvingtonparentsforum] Re: Is the Board violating the law?

To answer the question as straightforwardly as possible, as I read "the law," no individual board member has a right to do much of anything, including look at documents. Thus, you have to force the issue at a board meeting by getting the board to request the documents or, as an individual, file a FOIL request. (I am not a lawyer, so this is my opinion based on years, on and off the board, of fighting these battles.)

There is something which says any board member can ask for and see personnel records if a good reason is given (I'm sorry I'm not at my desk and can't quote chapter and verse), but when I tried that (we had teachers up for tenure), they claimed my reason wasn't good enough! This is real trench warfare up here, where most board members are afraid of their own shadow and being "a rogue" or a boat-rocker is considered a danger to the school. Thus, on some issues I have to shoot each arrow in the quiver -- demand the board vote, FOIL, and a letter to the editor. It's time consuming, of course, but if you're consistent about it (and civil), you won't need so many arrows for the next battle/request.

Because "the law" is so strange and complicated -- and stacked in favor of the status quo and those "leaders" of the status quo -- this stuff gets to be very personal. So, it helps to smile a lot while fighting. (I now know why Senators call their enemies across the aisle, "My dear colleague" -- though I don't know why Boehner cries all the time.)

cheers,

--pm

administration spends $50K without board vote
"it's just about statistically impossible that a bid would come in at exactly $50K"
fields exchange at BOE meeting
school boards behaving badly
board member FOILs district docs
trench warfare on the board of ed

they do what they do

Peter Meyer at the Parents Forum:

I hate to be cynical about this, but my BOCES guy has it about right: "the law" says (by implication, obfuscation, and contradiction) that the board can do whatever it wants -- until the Commissioner (or surrogate) says that you can't -- and even that's disputable. So, in this situation, where a board member is denied information, you have 2 choices: the FOIL route or the public embarrassment route (you make a motion, at an official BOE meeting, that the Super give you copies of the docs).

Keep in mind too, that the lawyer's maxim applies: if you have the facts, argue the facts; if you have the law, argue the law.

cheers,

--pm

administration spends $50K without board vote
"it's just about statistically impossible that a bid would come in at exactly $50K"
fields exchange at BOE meeting
school boards behaving badly
board member FOILs district docs

board member Foils district docs

Jim,

I am formally requesting copies of all documents related to the Upper Dows Lane field including the original board approval and all associated documents, the bid documents, the documents pertaining the to recent $50,000 change order, and copies of the checks along with all the approvals to pay those checks including those from the claims auditor. Also, give me any documents related to putting this construction project to a vote by the community. If the decision was made that such a vote was unnecessary, give me the documents related to that decision.

Last night I learned for the first time that the change order was necessitated by a mistake made by the architect. Please include everything that documents that mistake along with the contract or letter of engagement made with the architect.

In an email dated Nov. 23, 2010, I wrote, “I want to see all of the documents leading up to this and a written analysis by you of where we went wrong. I don’t want to have to figure it out myself, which will only lead to a more time-consuming exercise. I will also want to see past board resolutions and the minutes anytime this was discussed in a board meeting.” I received no response. In an email sent yesterday, I asked Jim to “bring me a complete copy of all the documents associated with this project including the original board approvals. I would like it tonight at the board meeting.” Again, I received no response.

I am now formally requesting that information under a Freedom of Information Law request. (I did not put this in the subject line since the school’s email system seems to automatically send such requests to spam.) You might decide to provide the documentation to all board members free of charge. If, on the other hand, you decide to provide it to me only, please send it by pdf to minimize my out-of-pocket costs.

As I said last night, the administration’s failure to give me the documentation on this transaction has made it impossible for me to exercise my fiduciary duty, and that is unacceptable.

Robyne Camp
re: Is the board violating the law?

administration spends $50K without board vote
"it's just about statistically impossible that a bid would come in at exactly $50K"
fields exchange at BOE meeting
school boards behaving badly

can you FOIL the answers? part 2

answer: yes

Teacher Editions of textbooks are subject to Freedom of Information Law requests, and my district has now provided me with the Teacher Wraparound Editions for Glencoe Geometry (New York) and Glencoe Algebra (New York).


ISBN numbers:
Glencoe Algebra New York (full title)
ISBN: 0-07-873316-2 0078733162 Student Edition
ISBN: 0-07-873317-0 0078733170 Teacher Wraparound Edition

Glencoe Geometry New York (full title)
ISBN: 0-07-873320-0 0078733200 Student Edition
ISBN: 0-07-873321-9 0078733219 Teacher Wraparound Edition

The North Carolina Teacher Wraparound Edition of Glencoe Geometry is identical to the New York edition:
ISBN: 0-07-860178-9 Teacher Wraparound Edition North Carolina


Feedback is essential to learning. Period. If your child's school does not collect and correct homework or perform formative assessment, it's up to you.

If it's up to you to collect and correct homework and remediate gaps, then you are going to need the Teacher Wraparound Edition. Freedom of Information Law requires that your district provide it to you when asked.




Teacher Wraparound Editions for Glencoe Algebra & Geometry, New York

On the picnic table.


state test coming right up (2006)
throwing money at the problem
more stuff only teachers can buy
help desk 1
state test coming right up (2007)
help desk 2
my life and welcome to it
canadianteacher.com
progress report
despair
28 out of 30

all the answers are belong to us
email to the math chair
second request
teacher's manual
it would be unusual
inflammatory
2 weeks off

can you FOIL the answers?
can you FOIL the answers? part 2

Request for Records by Email - FOIL

This is for New York state, but I gather it's going to be similar for other states.

[This form language is optional but may enhance your use of the Freedom of Information Law. You may choose to utilize certain portions that are most applicable to your request. You may cut and paste the entire form into a new email, read all provisions, and delete and/or modify those that do not apply.]

[It has been suggested that agencies create an email address dedicated to the receipt of requests. It is recommended that you review the website of the agency maintaining the records that you seek in order to locate its email address and its records access officer.]

[The subject line of your request should be "FOIL Request".]


Dear Records Access Officer:

(1) Please email the following records if possible [include as much detail about the record as possible, such as relevant dates, names, descriptions, etc.]:

(2) Please advise me of the appropriate time during normal business hours for inspecting the following records prior to obtaining copies [include as much detail about the records as possible, including relevant dates, names, descriptions, etc.]:

(3) Please inform me of the cost of providing paper copies of the following records [include as much detail about the records as possible, including relevant dates, names, descriptions, etc.].

(4) If all the requested records cannot be emailed to me, please inform me by email of the portions that can be emailed and advise me of the cost for reproducing the remainder of the records requested ($0.25 per page or actual cost of reproduction).

(5) If the requested records cannot be emailed to me due to the volume of records identified in response to my request, please advise me of the actual cost of copying all records onto a CD or floppy disk.

(6) If my request is too broad or does not reasonably describe the records, please contact me via email so that I may clarify my request, and when appropriate inform me of the manner in which records are filed, retrieved or generated.

If it is necessary to modify my request, and an email response is not preferred, please contact me at the following telephone number: _____________.

If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name, address and email address of the person or body to whom an appeal should be directed.

Name:

Address [if records are to be mailed].


source:
Committee on Open Government
Request for Records by Email
Sample Form for FOIL Reports

see also:
Freedom of Information Law
Open Meetings Law (NY state)

can you FOIL the answers?

Answer is yes.

I can.

Just got off the phone with COOG, whose existence I know about thanks to Matthew K. Tabor.

Incredibly helpful.

COOG has full information on:

• Freedom of Information Law (NY state)
  

• Open Meetings Law (NY state)

state test coming right up (2006)
throwing money at the problem
more stuff only teachers can buy
help desk 1
state test coming right up (2007)
help desk 2
my life and welcome to it
inflammatory
canadianteacher.com
progress report
despair
28 out of 30

all the answers are belong to us
email to the math chair
second request
teacher's manual
it would be unusual
inflammatory
2 weeks off

can you FOIL the answers?
can you FOIL the answers, part 2