Individuals with Disabilities Education Act (IDEA) implementation in Illinois

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Thank you for your interest in public records of the Illinois State Board of Education. Your request has been received and is being processed in accordance with the Freedom of Information Act (5 ILCS140/) Your request was received in this office on 4/16/2020 and given the reference number F000153-041620 for tracking purposes.
Records Requested: To Whom It May Concern:
Pursuant to the Illinois Freedom of Information 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 Illinois State Board 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 Illinois State Board 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 Illinois State Board 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 Illinois State Board 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 Illinois State Board 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 5 business days, as the statute requires.

Your request will be forwarded to the relevant department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question. PLEASE NOTE: The Freedom of Information Act (5 ILCS 140/) does not require a public body to create new information, to do legal research, or to answer questions.
To monitor the progress or update this request please log into the Illinois State Board of Education Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1Ha-2FdEhxzDjvUAY431aAb4rJQ-2BVxFKLipe50Hl35LImRjFxFTwD6TMKstsPkDZau6hA-3D-3DGtls_6WydmRG-2Fj8rWu7XtdG7xctPe1gOzgYxp16NZ9R7U825Rp6Cg16FN6uYVtawNnFFgQeg9NqyeacScP3jPSlNOn-2FNRdQQG0TSW98P28ewlDuKZP15DrUlI9mRO-2BCy-2FHH2q0AQ6cbwpKyfOXNKuOKufUdGjsb6SQDPZM9RvhksiTVZLt1WMgxD6W2-2BoJJdRJ-2BwLHbDzlHAuas9XjlQbk2tv0G8d7YgR4kgGgSox5Yg65-2BMtGb59FEj7D0bpZvHRhHVrgTvSC91uEjeKkZhzM-2BJDRe0kFJVqGuUHhYm-2BGmuFCLp1KSWaNPzuWIoSIAimccwiLr45nHG42tNRYTbtiFViEkMtfLEFd8r-2F-2BXr-2FBOtuNi-2BCgPSI2iWlsTe3rL2sMEhyG2qGyFF-2FwUD0ihRyPPjOOw-3D-3D)

--- Please respond above this line ---

RE: PUBLIC RECORDS REQUEST of April 16, 2020., Reference # F000153-041620.
Dear Thomas Olson,
The Illinois State Board of Education received a public information request from you on April 16, 2020. You have requested: "To Whom It May Concern:
Pursuant to the Illinois Freedom of Information 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 Illinois State Board 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 Illinois State Board 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 Illinois State Board 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 Illinois State Board 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 Illinois State Board 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 5 business days, as the statute requires."
The Illinois State Board of Education has reviewed its files and has located responsive records to your request. Please note the funding information can be found online at the links provided. IDEA Sec 611 and Sec 619 district allocation history is found at the first link provided under the Funding accordion. Historical IDEA awards can be found at the second link. Please log in to the ISBE Public Records Center at the following link to retrieve the appropriate responsive documents. FOIA Request - F000153-041620 (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1Ha-2FdEhxzDjvUAY431aAb4rJHOy7ODDlbRQR1azod1shblgkTQeWVG-2BBT2eWikTv2ew-3D-3DNKLC_6WydmRG-2Fj8rWu7XtdG7xctPe1gOzgYxp16NZ9R7U825Rp6Cg16FN6uYVtawNnFFgQeg9NqyeacScP3jPSlNOn97gfT-2BYaoGswXofM-2B-2Bx9ci4jF-2BTEOrZPLhlIgc99nq48tzvGE6DIrtcGdeqlwc6p75SssY0wwKSOwNb7J8tFqWNIXbWs1bJzxmHo5YINsO4EZwDmqFgWKQJbsKZBGX6AOjOooeCI38oTkdberCq5xpiYgPKfc-2F3GpiUGWgvAzVH6Lv5tay8rbf1q8mdVnYF0WUlhyrojHnSBpiYKzEzbq7J5b-2BNge-2BvW-2FQRBxztvnJ4pApiYYe-2BU0I6w4H2MC-2BV1HH-2FJUBQ7CqZbpBTMgKPUp9iXKhIqYfEAvqYeLg-2B-2FjnAH86-2B5UOGXFu-2FCZjznkRRFw-3D-3D)
Please note Illinois State Board of Education has determined that certain records requested are exempt from disclosure under FOIA for the following reasons:
This request is unduly burdensome pursuant to Section 3(g) of FOIA. In order to comply with your request, ISBE would need to do an extensive data pull for each year from multiple databases in different departments and review, code and potentially redact the data. Please feel free to submit a more narrowed request by specific year. Please note that even if a single year is requested the majority of the data may be withheld/redacted as student counts of less than 10 must be withheld due to FERPA/ISSRA. See 20 U.S.C. § 1232g;  105 ILCS 10/6.
If you feel you have been denied your access to public records, you may file an appeal with the Office of the Attorney General’s Public Access Counselor at 500 S. Second St., Springfield, IL 62706 or publicaccess@atg.state.il.us. If you choose to submit a request for review, you must do so within 60 days after the date of this response letter. The request for review must be in writing, signed by you and include (i) a copy of your FOIA request and (ii) this office’s response. In addition, you have the right to seek judicial review of this response.
If you have questions, please contact ISBE’s Legal Division at (217) 782-8535.
To monitor the progress or update this request please log into the ISBE Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1Ha-2FdEhxzDjvUAY431aAb4rJFJosu07wrQgydPwGJ5SNEA5xjN2lpbdvoWANluLR9-2Bm8FSlsDvhNNmu51GPpcNac-3DvTkW_6WydmRG-2Fj8rWu7XtdG7xctPe1gOzgYxp16NZ9R7U825Rp6Cg16FN6uYVtawNnFFgQeg9NqyeacScP3jPSlNOn97gfT-2BYaoGswXofM-2B-2Bx9ci4jF-2BTEOrZPLhlIgc99nq48tzvGE6DIrtcGdeqlwc6p75SssY0wwKSOwNb7J8tFqWNIXbWs1bJzxmHo5YINsO4EZwDmqFgWKQJbsKZBGX6AOjOooeCI38oTkdberCq5xobSgIwci17qC5AG6G-2F5WeStJaxdc4TZueLH-2FU6gwZOMX0Dmg72dxh-2FSideMU-2B-2Bk2H-2FQN5raerMdbch637pw8Gtrk8f17sXLymYdG-2Fub7U9oy7IjnFOV856vPAc4-2FJnwjskZDmzrt58e4mqE9EZEHJ-2BRQNFtGhoTwSZzvmeoeCbLQ-3D-3D)