CPS: Missing Active Transportation Reports, IEPs/504s

Miriam Bhimani filed this request with the Chicago Public Schools of Chicago, IL.
Tracking #

N014816-021124

Status
Rejected

Communications

From: Miriam Bhimani

To Whom It May Concern:

Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:

Similar to information released in FOIA N013951-071923, provide the number of students with IEPs/504s missing active transportation requests on the 15th of each month from January 1, 2023 - December 31, 2023.

Include the information broken down by network, disability type, and race.

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 5 business days, as the statute requires.

Sincerely,

Miriam Bhimani

From: Chicago Public Schools

Dear Miriam:

Thank you for your interest in Chicago Public Schools. Your FOIA request has been submitted. Your FOIA Center reference number for tracking purposes is: N014816-021124
You have requested the following records: To Whom It May Concern:

Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:

Similar to information released in FOIA N013951-071923, provide the number of students with IEPs/504s missing active transportation requests on the 15th of each month from January 1, 2023 - December 31, 2023.

Include the information broken down by network, disability type, and race.

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 5 business days, as the statute requires.

Sincerely,

Miriam Bhimani

Upload documents directly: https://www.muckrock.com/

Chicago Public Schools (CPS) responds to all public records requests in accordance with the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq.
Due to the volume and complexity of requests received in the normal course of business, CPS is extending the time for its initial response to your request by an additional 5 business days (to 10 business days total beginning on the first business day following receipt of the request) pursuant to 5 ILCS 140/3(e)(v) which allows for the examination and evaluation of the requested records by personnel to determine if they are exempt from disclosure under Section 7 of Illinois FOIA or should be revealed only with appropriate deletions.
Upon the completion of a response, CPS will provide the first 50 pages to you at no charge.  If a response is more than 50 pages, a fee of 15¢ per page will be charged for each additional page. Copies of video recordings have a fee of $48. All applicable fees must be paid prior to the copying. CPS will inform you of any fees due if your paper response exceeds 50 pages. You can monitor the progress of your request at the link below and you’ll receive an email when your request has been completed. Thank you for using the CPS FOIA Center.

From: Chicago Public Schools

--- Please respond above this line ---
February 27, 2024 Miriam Bhimani requests@muckrock.com RE: Chicago Public Schools FOIA Request N014816-021124
Dear Ms. Bhimani: This letter is in reply to your Freedom of Information Act (FOIA) request seeking the following information: Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:

Similar to information released in FOIA N013951-071923, provide the number of students with IEPs/504s missing active transportation requests on the 15th of each month from January 1, 2023 - December 31, 2023.

Include the information broken down by network, disability type, and race. RESPONSE : The Chicago Public Schools (CPS) FOIA Office has reviewed this request and determined that it fails to cite an existing record for review. Note that the district does not, in any one record or database, comprehensively track or maintain data reflecting counts of “the number of students with IEPs/504s missing active transportation requests on the 15 th of each month” in 2023, broken down by network, disability, and race. In order to respond to this request, the district would be required to pull data from multiple sources maintained by different departments, conduct original research and analysis to join to the data, and then manually combine the data in order to create a new record, not maintained in the normal course of business and outside the scope of the FOIA. The requirements of the FOIA apply to public records “having been prepared by or for, or having been or being used by, received by, or in the possession of, or under the control of any public body.” [5 ILCS 140/2(c)]. Accordingly, and as determined in Kenyon v. Garrels, 184 Ill. App. 3d 28,32 (4 th Dist. 1989), the FOIA applies to the provision of existing public records; a public body is not required to answer questions or generate new records in response to a FOIA request.  Additionally, a FOIA request must reasonably identify a record(s) for review and not “a general request for data, information and statistics to be gleaned generally from documents which have not been created and which the agency does not generally create or require.” [ Kenyon v. Garrels, 184 Ill. App. 3d 28,32 (4 th Dist. 1989)]. Additionally, “A requester is entitled only to records that an agency has in fact chosen to create and retain.” [ Yeager v. Drug Enforcement Admin., 678 F. 2d 315, 321 (D.C. Cir. 1922)] Additionally, Section 1 of the FOIA states in part: "This Act is not intended to create an obligation on the part of any public body to maintain or prepare any public record which was not maintained or prepared by such public body at the time when this Act becomes effective, except as otherwise required by applicable local, State or federal law." In accordance with Section 1 of Illinois FOIA, the District is not required to conduct research to answer questions in response to a specific query [5 ILCS 140/1]. To the extent you consider this a denial, pursuant to 5 ILCS 140/9.5(a) you may file a Request for Review with the Public Access Counselor (PAC) at: Public Access Counselor; Office of the Attorney General; 500 South 2nd Street; Springfield, IL 62706.  You also have the right to seek judicial review of your denial by filing a lawsuit in the State circuit court; 5 ILCS 140/11. If you have any questions, please contact our office at (773) 553-3500. Thank you for your request. Sincerely, Annie Righi Freedom of Information Act Officer Chicago Public Schools

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