protocol, process, or procedure for assigning students with IEPS to selective enrollment high schools

Dear Forest:

Thank you for your interest in Chicago Public Schools. Your FOIA request has been received and is being processed. Your FOIA Center reference number for tracking purposes is: N011351-062422
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:

A 2021 Chicago Tribune article describes plans to increase to increase the number of students with individualized education plans to be given a first round offer to a selective enrollment high school.[1]

Please provide records sufficient to show the protocol, process, or procedure used in the 2021-2022 GoCPS admission round by which students with individualized education plans were selected to be given a first round offer to a selective enrollment high school.

[1] https://www.chicagotribune.com/news/breaking/ct-cps-selective-enrollment-high-schools-diverse-learners-20210506-c5t2momt5jg7zkj3iceyapjlv4-story.html

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,

Forest Gregg

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.
If further time is needed to assemble and copy all documents responsive to your FOIA request, we will contact you with a time estimate and a request to extend.
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.

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06/24/2022

Forest Gregg
MuckRock News, DEPT MR130670 263 Huntington Ave
Boston MA 02115

Dear Forest:

RE: Chicago Public Schools FOIA Request N011351-062422
Thank you again for using the Chicago Public Schools FOIA Center.
Under the Freedom of Information Act, a public body may extend the time to respond to a FOIA request by up to 5 business days for a limited number of reasons. 5 ILCS 140/3(e).
We are extending the time to respond to your request by 5 business days for one or more of the following reason(s):
(  ) the requested records are stored in whole or in part at other locations than the office having charge of the requested records;
( )  the request requires the collection of a substantial number of specified records;
( ) the request is couched in categorical terms and requires an extensive search for the records responsive to it;
( ) the requested records have not been located in the course of routine search and additional efforts are being made to locate them;
(  ) the requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under Section 7 of this Act or should be revealed only with appropriate deletions;
(x) the request for records cannot be complied with by the public body within the time limits prescribed by 5 ILCS 140/3 (c) without unduly burdening or interfering with the operations of the public body;
( ) there is need for consultation, which shall be conducted with all practicable speed, with another public body or among two or more components of a public body having a substantial interest in the determination or in the subject matter of the request
Sincerely,

Annie Righi
FOIA Officer
Chicago Public Schools

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07/11/2022
Forest Gregg
Dear Forest:
RE: Chicago Public Schools FOIA Request N011351-062422
Thank you again for using the Chicago Public Schools FOIA Center. We are writing regarding your Freedom of Information Act Request for the following records: To Whom It May Concern:

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

A 2021 Chicago Tribune article describes plans to increase to increase the number of students with individualized education plans to be given a first round offer to a selective enrollment high school.[1]

Please provide records sufficient to show the protocol, process, or procedure used in the 2021-2022 GoCPS admission round by which students with individualized education plans were selected to be given a first round offer to a selective enrollment high school.

[1] https://www.chicagotribune.com/news/breaking/ct-cps-selective-enrollment-high-schools-diverse-learners-20210506-c5t2momt5jg7zkj3iceyapjlv4-story.html

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,

Forest Gregg

Upload documents directly: https://www.muckrock.com/ The Chicago Public Schools (CPS) FOIA Office is seeking ten additional business days to respond to this request. If agreed, we will respond by end of business day Monday, July 25, 2022. Please note that the CPS FOIA Office is still gathering responsive documents and we are working diligently on fulfilling your request. If you have any questions, please feel free to contact me. Thank you, Annie Righi Freedom of Information Act Officer Chicago Public Schools

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July 25, 2022 Forest Gregg requests@muckrock.com
RE: Chicago Public Schools FOIA Request N011351-062422
Dear Mr. Gregg: 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: A 2021 Chicago Tribune article describes plans to increase to increase the number of students with individualized education plans to be given a first round offer to a selective enrollment high school.[1] Please provide records sufficient to show the protocol, process, or procedure used in the 2021-2022 GoCPS admission round by which students with individualized education plans were selected to be given a first round offer to a selective enrollment high school. [1] https://www.chicagotribune.com/news/breaking/ct-cps-selective-enrollment-high-schools-diverse-learners-20210506-c5t2momt5jg7zkj3iceyapjlv4-story.html RESPONSE : The Chicago Public Schools (CPS) FOIA Office has reviewed your request and determined that it fails to cite a specific public record for review in seeking a “protocol, process, or procedure” used in a district process, and instead essentially seeks an explanation for how a district plan is being implemented. However, the CPS FOIA Office has reviewed your request with the Office of Access and Enrollment and has been informed that although there is no operational document detailing the requested information, you may wish to refer to the related press release, available on the CPS website at the following link: https://www.cps.edu/press-releases/cps-to-increase-access-for-diverse-learners-at-selective-enrollment-high-schools-as-part-of-long-term-high-school-strategy/ Pursuant to 5 ILCS 140/8.5 (a), “a public body is not required to copy a public record that is published on the public body's website.” 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 (4th 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.  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.” Id. 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). 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