Individuals with Disabilities Education Act (IDEA) implementation in California
| Submitted | March 26, 2020 |
| Est. Completion | None |
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Communications
From: Thomas Olson
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
According to 34 C.F.R, §300.211 and §300.645 of the Individuals with Disabilities Education Act (IDEA), each local public school district (LEA) must provide to the California Department of Education “information relating to the performance of children with disabilities participating in programs carried out under Part B” of IDEA so that, among other actions, the SEA can (1) “obtain certification from each [LEA] that an unduplicated and accurate count [of students who have been identified as having a disability(s)] has been made,” (2) “[a]ggregate the data from the count obtained from each [LEA],” and (3) “[e]nsure that documentation is maintained that enables [the California Department of Education] and the [US Department of Education] to audit the accuracy of the count.”
Furthermore, according to 34 C.F.R, § 300.111, the California Department of Education “must have in effect policies and procedures to ensure that [a]ll children with disabilities residing in the State, including children with disabilities who are homeless children or are wards of the State, and children with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated.”
34 C.F.R, § 300.131 and 34 C.F.R, § 300.132(c) further mandate, respectively, that (1) “[e]ach LEA must locate, identify, and evaluate all children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA” and (2) “[e]ach LEA must maintain in its records, and provide to the SEA, the following information related to parentally-placed private school children covered under §§ 300.130 through 300.144: (1) The number of children evaluated; (2) The number of children determined to be children with disabilities; and (3) The number of children served.”
In light of 34 C.F.R, § 300.132(c) and the other above-quoted regulations, I respectfully request the following information for the past 5 years:
• The total number of public school students in each LEA who have been referred to child-find.
• The total number of charter school students in each LEA who have been referred to child-find.
• The total number of home-schooled students in each LEA who have been referred to child-find.
• As applicable, the total number of private school students in each LEA who have been referred to child-find.
__
• The total number of public school students in each LEA who have been evaluated for disability(s).
• The total number of charter school students in each LEA who have been evaluated for disability(s).
• The total number of home-schooled students in each LEA who have been evaluated for disability(s).
• As applicable, the total number of private school students in each LEA who have been evaluated for disability(s)
__
• The total number of public school students in each LEA who have been determined to have a disability(s).
• The total number of charter school students in each LEA who have been determined to have a disability(s).
• The total number of home-schooled students in each LEA who have been determined to have a disability(s).
• As applicable, the total number of private school students in each LEA who have been determined to have a disability(s).
__
• The total number of public school students in each LEA who have been served.
• The total number of charter school students in each LEA who have been served.
• The total number of home-schooled students in each LEA who have been served.
• As applicable, the total number of private school students in each LEA who have been served.
Under Sections 611 and 619 of IDEA, the California Department of Education (SEA) receives each year grants from the federal government to provide special education and/or related services to eligible students. In accord with 34 C.F.R, § 300.705, the SEA then allocates subgrants to each LEA.
In light of Sections 611 and 619 and 34 C.F.R, § 300.705 and all other pertinent regulations, I respectfully request the following information for the past 5 years:
• The total IDEA allocation/grant received by the California Department of Education (SEA)
• The total IDEA allocation/grant received by each LEA.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Thomas Olson
From: California Department of Education
Good morning Mr. Olson,
My name is Ryan Welch and I am the Public Records Act (PRA) liaison for the Special Education Division (SPED) here at the California Department of Education (CDE). I am writing to confirm receipt of the below referenced PRA and before we open a request on your behalf I wanted to go over some things that may influence the records (specifically the data) you are seeking to receive. You are looking to receive quite a large amount of data over a 5 year period in a manner in which it is not normally housed. This means an analyst will need to be assigned to extrapolate, compile, analyze and quality assure this data. This is something the CDE is entitled to charge for, to create this data set for you the SPED Office will need to charge you for 20 hours of analyst time and 5 hours of administrative review at the rate of $65 an hour. You are asking for 4 elements for 5 years, at one hour per element per year that is 20 hours of analyst time. The 5 hours is for administrative review for quality assurance. This results in a total of $1,625 for the data portion of your request. Please also note for hardcopy duplication the CDE charges 15 cents per page. We have our financial unit looking into the other aspects of your request so I don't have a page count for you at this time. Please let me know if you would like to proceed with this request or if you would like to narrow the request to reduce cost. If you have any questions please feel free to contact me at your convenience. Thank you and have a good day.
California Department of Education
PRA Office
1430 N Street
Sacramento, CA 95814-5901
March 26, 2020
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
According to 34 C.F.R, §300.211 and §300.645 of the Individuals with Disabilities Education Act (IDEA), each local public school district (LEA) must provide to the California Department of Education "information relating to the performance of children with disabilities participating in programs carried out under Part B" of IDEA so that, among other actions, the SEA can (1) "obtain certification from each [LEA] that an unduplicated and accurate count [of students who have been identified as having a disability(s)] has been made," (2) "[a]ggregate the data from the count obtained from each [LEA]," and (3) "[e]nsure that documentation is maintained that enables [the California Department of Education] and the [US Department of Education] to audit the accuracy of the count."
Furthermore, according to 34 C.F.R, § 300.111, the California Department of Education "must have in effect policies and procedures to ensure that [a]ll children with disabilities residing in the State, including children with disabilities who are homeless children or are wards of the State, and children with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated."
34 C.F.R, § 300.131 and 34 C.F.R, § 300.132(c) further mandate, respectively, that (1) "[e]ach LEA must locate, identify, and evaluate all children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA" and (2) "[e]ach LEA must maintain in its records, and provide to the SEA, the following information related to parentally-placed private school children covered under §§ 300.130 through 300.144: (1) The number of children evaluated; (2) The number of children determined to be children with disabilities; and (3) The number of children served."
In light of 34 C.F.R, § 300.132(c) and the other above-quoted regulations, I respectfully request the following information for the past 5 years:
* The total number of public school students in each LEA who have been referred to child-find.
* The total number of charter school students in each LEA who have been referred to child-find.
* The total number of home-schooled students in each LEA who have been referred to child-find.
* As applicable, the total number of private school students in each LEA who have been referred to child-find.
__
* The total number of public school students in each LEA who have been evaluated for disability(s).
* The total number of charter school students in each LEA who have been evaluated for disability(s).
* The total number of home-schooled students in each LEA who have been evaluated for disability(s).
* As applicable, the total number of private school students in each LEA who have been evaluated for disability(s)
__
* The total number of public school students in each LEA who have been determined to have a disability(s).
* The total number of charter school students in each LEA who have been determined to have a disability(s).
* The total number of home-schooled students in each LEA who have been determined to have a disability(s).
* As applicable, the total number of private school students in each LEA who have been determined to have a disability(s).
__
* The total number of public school students in each LEA who have been served.
* The total number of charter school students in each LEA who have been served.
* The total number of home-schooled students in each LEA who have been served.
* As applicable, the total number of private school students in each LEA who have been served.
Under Sections 611 and 619 of IDEA, the California Department of Education (SEA) receives each year grants from the federal government to provide special education and/or related services to eligible students. In accord with 34 C.F.R, § 300.705, the SEA then allocates subgrants to each LEA.
In light of Sections 611 and 619 and 34 C.F.R, § 300.705 and all other pertinent regulations, I respectfully request the following information for the past 5 years:
* The total IDEA allocation/grant received by the California Department of Education (SEA)
* The total IDEA allocation/grant received by each LEA.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Thomas Olson
Ryan Welch
Associate Governmental Program Analyst
California Department of Education
Special Education Division
Data, Evaluation and Analysis Unit
SEDPRA@cde.ca.gov<mailto:SEDPRA@cde.ca.gov>
From: Thomas Olson
Dear Ryan,
Thank you for your message. I will review it and get back to you within 1 week.
Thank you.
--Tom Olson
From: Thomas Olson
Hello again, Ryan,
I am collecting this data on behalf of a non-profit. The non-profit is not able to pay $1,625 for this data.
Would it be possible to waive that fee? Please advise.
Thank you.
--Tom
From: California Department of Education
Good morning Tom,
Fees will not be waived for data compilation, if you would like to narrow your request to minimalize cost that is at your discretion. Thank you and have a good day.
-Ryan
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From: Thomas Olson
Dear Ryan,
If I were to amend my request(s) from 5 years to 2 years, what might be the cost?
Thank you.
--Tom
From: California Department of Education
Good morning Tom,
That would result in 4 data elements for 2 years. You would be looking at 8 hours of extraction, compilation and analysis with 2 hours of administrative review for quality assurance. This would be 10 hours of work at $65 an hour or $650 total. Please let me know if you would like to proceed. Have a great day.
Ryan Welch
Associate Governmental Program Analyst
California Department of Education
Special Education Division
Data, Evaluation and Analysis Unit
SEDPRA@cde.ca.gov<mailto:SEDPRA@cde.ca.gov>
-
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From: California Department of Education
Good morning Tom,
I wanted to get you the encumbrance documents portion of your request while you are deciding on what you want to do about the data portion. Have a great day.
Ryan Welch
Associate Governmental Program Analyst
California Department of Education
Special Education Division
Data, Evaluation and Analysis Unit
SEDPRA@cde.ca.gov<mailto:SEDPRA@cde.ca.gov>
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From: California Department of Education
Hi Tom,
This email is the last of the financial docs you requested. Thank you and have a good day.
Ryan Welch
Associate Governmental Program Analyst
California Department of Education
Special Education Division
Data, Evaluation and Analysis Unit
SEDPRA@cde.ca.gov<mailto:SEDPRA@cde.ca.gov>
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PRAsprsht
From: Thomas Olson
Dear Ryan,
Thank you for providing the data you have. Much appreciated!
At this time, we are not able to move forward with purchasing the rest of the data. If and when that should change, I will be back in touch.
Thanks, again.
--Tom
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on March 26, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: California Department of Education
Good afternoon,
The California Department of Education is not clear on your request as the most recent correspondence you provided states you are unable to move forward with the amount needed to run your data. Please clarify. Thank you.
“Thank you for providing the data you have. Much appreciated!
At this time, we are not able to move forward with purchasing the rest of the data. If and when that should change, I will be back in touch.
Thanks, again.
--Tom”
Ryan Welch
Associate Governmental Program Analyst
California Department of Education
Special Education Division
Data, Evaluation and Analysis Unit
SEDPRA@cde.ca.gov<mailto:SEDPRA@cde.ca.gov>
-
~WRD000
From: Thomas Olson
Good morning, Ryan,
My previous response was in response to your message to me, dated April 10, 2020, in which you wrote:
"Good morning Tom,
That would result in 4 data elements for 2 years. You would be looking at 8 hours of extraction, compilation and analysis with 2 hours of administrative review for quality assurance. This would be 10 hours of work at $65 an hour or $650 total. Please let me know if you would like to proceed. Have a great day."
Back on 3/30/20 via a separate message, you indicated to me that the bulk of the data I had requested in my original request, dated 3/26/20, would cost $1,625.00.
This was the context of my message to you, dated 4/13/20. To be clear, at this time we are not able to pay the $1,625.00. If that should change -- and I suspect that it may soon -- I will be back in touch.
Thank you.
--Tom
From: California Department of Education
Good afternoon Tom,
I apologize for the confusion. Your initial request was for 8 data elements the past 5 years which resulted in a total of 25hrs of analyst work at $65hr including administrative review coming to $1625. We then discussed narrowing your request to 4 elements for 2 years, this reduced your cost significantly, this resulted in a total of 10 hours of analyst work including administrative review at $65 an hour coming to $650. The one thing I don't see in this email string is the specific 4 elements you were looking to receive.
If you are looking to move forward please specify the exact 4 data elements you would like as I don't show documentation of that. Is it possible this is something we discussed on the phone to possibly narrow your request? Please advise. Once I receive your specifics I will get you out a cost letter with instruction on how to submit payment. Please note that due to the COVID-19 pandemic we are not completing any data requests until after July 1, 2020. Thank you and have a good day.
Ryan Welch
California Department of Education
Special Education Division