IDEA implementation in Kansas
| Submitted | April 9, 2020 |
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Communications
From: Thomas Olson
To Whom It May Concern:
Pursuant to the The Kansas Open 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 Kansas 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 Kansas 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 Kansas 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 Kansas 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 Kansas 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 3 business days, as the statute requires.
Sincerely,
Thomas Olson
From: Kansas Department of Education
Your request for certain records that may be controlled or maintained by the Kansas State Department of Education has been received. Unfortunately, state agencies are closed by executive order in response to the COVID-19 pandemic. An estimate of cost and notification of which, if any, requested records are available will be provided when possible.
[Kansas State Department of Education logo and address 900 S.W. Jackson Street, Suite 102 Topeka, Kansas 66612-1212]<https://www.ksde.org/>
R. Scott Gordon
General Counsel
Office of General Counsel
(785) 296-3204
sgordon@ksde.org
www.ksde.org<http://www.ksde.org/>
Kansas leads the world in the success of each student.
This message, the information contained therein and any attachments thereto may be protected by attorney client privilege and/or work product doctrines. It shall not be disclosed, forwarded, copied, shared or in any other manner provided to anyone except those to whom it is addressed. Any other disclosure is inadvertent, unintentional or unintended, and does not constitute any waiver of any applicable privilege or doctrine. Any unauthorized use of this message or documents attached hereto or the information contained herein is prohibited. If you are an unintended recipient of this message, please delete it immediately without copying, forwarding or in any manner sharing, and notify the sender of the receipt.
Be advised that (1) e-mail communication is not a secure method of communication; (2) any e-mail that is sent between you and this office may be copied and held by various computers it passes through as it is transmitted; (3) persons not participating in our communications may intercept our communications by improperly accessing your computer or this office's computer or even some computer unconnected to either of us that this e-mail passes through.
The Kansas State Department of Education does not discriminate on the basis of race, color, national origin, sex, disability or age in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups. The following person has been designated to handle inquiries regarding the nondiscrimination policies: KSDE General Counsel, Office of General Counsel, KSDE, Landon State Office Building, 900 S.W. Jackson, Suite 102, Topeka, KS 66612, (785) 296-3201.
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From: Thomas Olson
Dear Mr. Gordon,
Thank you for acknowledging my request. I look forward to receiving from the department a timely update on the status of my request when state agencies in Kansas reopen.
--Tom
From: Kansas Department of Education
Some of the requested records are not available. Please see below in red text.
For those records which are available, the agency estimates two hours to compile the records in the manner requested. Please send payment of $74.74 by check or money order to:
Kansas State Department of Education
Office of General Counsel
900 SW Jackson St. Suite 102
Topeka, KS 66612
You will be updated once payment is received.
[Kansas State Department of Education logo and address 900 S.W. Jackson Street, Suite 102 Topeka, Kansas 66612-1212]<https://www.ksde.org/>
R. Scott Gordon
General Counsel
Office of General Counsel
(785) 296-3204
sgordon@ksde.org
www.ksde.org<http://www.ksde.org/>
Kansas leads the world in the success of each student.
This message, the information contained therein and any attachments thereto may be protected by attorney client privilege and/or work product doctrines. It shall not be disclosed, forwarded, copied, shared or in any other manner provided to anyone except those to whom it is addressed. Any other disclosure is inadvertent, unintentional or unintended, and does not constitute any waiver of any applicable privilege or doctrine. Any unauthorized use of this message or documents attached hereto or the information contained herein is prohibited. If you are an unintended recipient of this message, please delete it immediately without copying, forwarding or in any manner sharing, and notify the sender of the receipt.
Be advised that (1) e-mail communication is not a secure method of communication; (2) any e-mail that is sent between you and this office may be copied and held by various computers it passes through as it is transmitted; (3) persons not participating in our communications may intercept our communications by improperly accessing your computer or this office’s computer or even some computer unconnected to either of us that this e-mail passes through.
The Kansas State Department of Education does not discriminate on the basis of race, color, national origin, sex, disability or age in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups. The following person has been designated to handle inquiries regarding the nondiscrimination policies: KSDE General Counsel, Office of General Counsel, KSDE, Landon State Office Building, 900 S.W. Jackson, Suite 102, Topeka, KS 66612, (785) 296-3201.
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. Not available – KSDE does not collect this information
• The total number of charter school students in each LEA who have been referred to child-find. Not available – KSDE does not collect this information
• The total number of home-schooled students in each LEA who have been referred to child-find. Not available – KSDE does not collect this information
• As applicable, the total number of private school students in each LEA who have been referred to child-find. Not available – KSDE does not collect this information
• The total number of public school students in each LEA who have been evaluated for disability(s). Not available – KSDE has not calculated this data. Not required to create a record to comply with Kansas Open Records Act
• The total number of charter school students in each LEA who have been evaluated for disability(s). Not available – KSDE has not calculated this data. Not required to create a record to comply with Kansas Open Records Act
• The total number of home-schooled students in each LEA who have been evaluated for disability(s). Not available – KSDE has not calculated this data. Not required to create a record to comply with Kansas Open Records Act
• As applicable, the total number of private school students in each LEA who have been evaluated for disability(s) Not available – KSDE has not calculated this data. Not required to create a record to comply with Kansas Open Records Act
__
• The total number of public school students in each LEA who have been determined to have a disability(s). available
• The total number of charter school students in each LEA who have been determined to have a disability(s). available
• The total number of home-schooled students in each LEA who have been determined to have a disability(s). may be available
• As applicable, the total number of private school students in each LEA who have been determined to have a disability(s). may be available
__
• The total number of public school students in each LEA who have been served. Same number as “number of students determined to have a disability”
• The total number of charter school students in each LEA who have been served. Same number as “number of students determined to have a disability”
• The total number of home-schooled students in each LEA who have been served. Same number as “number of students determined to have a disability”
• As applicable, the total number of private school students in each LEA who have been served. Same number as “number of students determined to have a disability”
Under Sections 611 and 619 of IDEA, the Kansas 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 Kansas Department of Education (SEA) available
• The total IDEA allocation/grant received by each LEA. available
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From: Thomas Olson
Dear Mr. Gordon,
The red text to which you refer does not appear in your latest message.
Please copy and paste your message, containing the red text, into a Word document and either upload or send to me that document via email at tomolson@theadac.com.
After I review your message and consider the information which you explain is not currently available, I will determine whether I would like to pay for the information that is available. In advance, thank you. Please be well and stay safe during this time.
--Tom
From: Thomas Olson
Hello again Mr. Gordon,
Thank you for your email to me at tomolson@theadac.com (dated 4.22.20) which contains the attachment I previously requested. Having reviewed that attachment, I am aware of the scope of the information that is currently available through KSDE that could be provided to me in partial fulfillment of my KORA request. I responded to your email on which you copied Ms. Austin, but that message bounced back to me.
My original request to KSDE is equivalent to the requests that I submitted to certain other state departments of education throughout the country. Without charging me any fees, some of those other departments have provided to me information that is equivalent in scope to the information that KSDE could provide.
In light of this, and because I am requesting this information on behalf of a non-profit, I would like to request a full or partial fee waiver. If as you consider my request for a full or partial fee waiver you would like further information about the reasons I have initiated my original KORA request, then I would be happy to provide. Either way, thank you for considering my fee waiver request. Please advise.
--Tom
From: Kansas Department of Education
Your request for a waiver of fees has been considered. Those fees will not be waived.
[Kansas State Department of Education logo and address 900 S.W. Jackson Street, Suite 102 Topeka, Kansas 66612-1212]<https://www.ksde.org/>
R. Scott Gordon
General Counsel
Office of General Counsel
(785) 296-3204
sgordon@ksde.org
www.ksde.org<http://www.ksde.org/>
Kansas leads the world in the success of each student.
This message, the information contained therein and any attachments thereto may be protected by attorney client privilege and/or work product doctrines. It shall not be disclosed, forwarded, copied, shared or in any other manner provided to anyone except those to whom it is addressed. Any other disclosure is inadvertent, unintentional or unintended, and does not constitute any waiver of any applicable privilege or doctrine. Any unauthorized use of this message or documents attached hereto or the information contained herein is prohibited. If you are an unintended recipient of this message, please delete it immediately without copying, forwarding or in any manner sharing, and notify the sender of the receipt.
Be advised that (1) e-mail communication is not a secure method of communication; (2) any e-mail that is sent between you and this office may be copied and held by various computers it passes through as it is transmitted; (3) persons not participating in our communications may intercept our communications by improperly accessing your computer or this office’s computer or even some computer unconnected to either of us that this e-mail passes through.
The Kansas State Department of Education does not discriminate on the basis of race, color, national origin, sex, disability or age in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups. The following person has been designated to handle inquiries regarding the nondiscrimination policies: KSDE General Counsel, Office of General Counsel, KSDE, Landon State Office Building, 900 S.W. Jackson, Suite 102, Topeka, KS 66612, (785) 296-3201.
From: Thomas Olson
Dear Mr. Gordon,
Please provide a breakdown of the $74.74 fee.
Thank you.
--Tom
From: Kansas Department of Education
https://www.ksde.org/Portals/0/Legal%20Services/KORA%20policy.pdf
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~WRD000
From: Thomas Olson
Dear Mr. Gordon,
Thank you for the cost break-down, which you provided to me on 4/22.
I will be back in touch with you as soon as possible to inform you of whether we would like to proceed.
Thank you.
-Tom
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on April 9, 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: Kansas Department of Education
What are you following up on? The fee has been explained, and I have not yet received payment of said fee.
Scott
[Kansas State Department of Education logo and address 900 S.W. Jackson Street, Suite 102 Topeka, Kansas 66612-1212]<https://www.ksde.org/>
R. Scott Gordon
General Counsel
Office of General Counsel
(785) 296-3204
sgordon@ksde.org
www.ksde.org<http://www.ksde.org/>
Kansas leads the world in the success of each student.
This message, the information contained therein and any attachments thereto may be protected by attorney client privilege and/or work product doctrines. It shall not be disclosed, forwarded, copied, shared or in any other manner provided to anyone except those to whom it is addressed. Any other disclosure is inadvertent, unintentional or unintended, and does not constitute any waiver of any applicable privilege or doctrine. Any unauthorized use of this message or documents attached hereto or the information contained herein is prohibited. If you are an unintended recipient of this message, please delete it immediately without copying, forwarding or in any manner sharing, and notify the sender of the receipt.
Be advised that (1) e-mail communication is not a secure method of communication; (2) any e-mail that is sent between you and this office may be copied and held by various computers it passes through as it is transmitted; (3) persons not participating in our communications may intercept our communications by improperly accessing your computer or this office’s computer or even some computer unconnected to either of us that this e-mail passes through.
The Kansas State Department of Education does not discriminate on the basis of race, color, national origin, sex, disability or age in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups. The following person has been designated to handle inquiries regarding the nondiscrimination policies: KSDE General Counsel, Office of General Counsel, KSDE, Landon State Office Building, 900 S.W. Jackson, Suite 102, Topeka, KS 66612, (785) 296-3201.
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From: Thomas Olson
Dear Mr. Gordon,
At this time, we are not able to pay the $74.74 fee of which you informed me on 4/22/20. If our ability to pay should change in the future and if we should decide to pay it, then I will remit to you payment and request at that time the fulfillment of my original request, dated 4/9/2020.
Thank you.
--Tom
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on April 9, 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: Kansas Department of Education
You have reached the email account for Scott Gordon, General Counsel to the Kansas State Department of Education. I am out of the office, but will respond to your email when I return on Tuesday, July 7th. Please contact Cheryl Austin caustin@ksde.org for any urgent matters. If you are emailing about a request for open records, the KSDE policy and procedure for obtaining access to public records may be found at http://www.ksde.org/Portals/0/Legal%20Services/KORA%20policy.pdf?ver=2015-10-29-090407-293. Your KORA request has now been received by the agency. Agency staff will review your request and determine what, if any, costs may be associated with its fulfillment. Once that determination is made you will receive an email verifying whether we have the sought-after records with an estimate of cost. R. Scott Gordon General Counsel Kansas State Department of Education
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on April 9, 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: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on April 9, 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: Kansas Department of Education
Please update your system. You will receive no further responses to these inquiries that appear to be computer-generated. The most recent message I’ve received for this request is as follows:
“On June 21, 2020:
Subject: RE: The Kansas Open Records Act Request: IDEA implementation in Kansas
Dear Mr. Gordon,
At this time, we are not able to pay the $74.74 fee of which you informed me on 4/22/20. If our ability to pay should change in the future and if we should decide to pay it, then I will remit to you payment and request at that time the fulfillment of my original request, dated 4/9/2020.
Thank you.
--Tom”
Your request has been deemed as cancelled/failure to pay.
[Kansas State Department of Education logo and address 900 S.W. Jackson Street, Suite 102 Topeka, Kansas 66612-1212]<https://www.ksde.org/>
R. Scott Gordon
General Counsel
Office of General Counsel
(785) 296-3204
sgordon@ksde.org
www.ksde.org<http://www.ksde.org/>
Kansas leads the world in the success of each student.
This message, the information contained therein and any attachments thereto may be protected by attorney client privilege and/or work product doctrines. It shall not be disclosed, forwarded, copied, shared or in any other manner provided to anyone except those to whom it is addressed. Any other disclosure is inadvertent, unintentional or unintended, and does not constitute any waiver of any applicable privilege or doctrine. Any unauthorized use of this message or documents attached hereto or the information contained herein is prohibited. If you are an unintended recipient of this message, please delete it immediately without copying, forwarding or in any manner sharing, and notify the sender of the receipt.
Be advised that (1) e-mail communication is not a secure method of communication; (2) any e-mail that is sent between you and this office may be copied and held by various computers it passes through as it is transmitted; (3) persons not participating in our communications may intercept our communications by improperly accessing your computer or this office’s computer or even some computer unconnected to either of us that this e-mail passes through.
The Kansas State Department of Education does not discriminate on the basis of race, color, national origin, sex, disability or age in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups. The following person has been designated to handle inquiries regarding the nondiscrimination policies: KSDE General Counsel, Office of General Counsel, KSDE, Landon State Office Building, 900 S.W. Jackson, Suite 102, Topeka, KS 66612, (785) 296-3201.
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From: Thomas Olson
Thank you.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on April 9, 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: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on April 9, 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: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on April 9, 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: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on April 9, 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: Kansas Department of Education
You have reached the email account for Scott Gordon, General Counsel to the Kansas State Department of Education. I am out of the office, but will respond to your email when I return on Monday, October 26th. If you are emailing about a request for open records, the KSDE policy and procedure for obtaining access to public records may be found at http://www.ksde.org/Portals/0/Legal%20Services/KORA%20policy.pdf?ver=2015-10-29-090407-293. Your KORA request has now been received by the agency. Agency staff will review your request and determine what, if any, costs may be associated with its fulfillment. Once that determination is made you will receive an email verifying whether we have the sought-after records with an estimate of cost. R. Scott Gordon General Counsel Kansas State Department of Education
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on April 9, 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: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on April 9, 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: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on April 9, 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: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on April 9, 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: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on April 9, 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: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on April 9, 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: Kansas Department of Education
The last communication received from the requestor indicated they were not able to pay the required fee for the requested records. I have not heard back since then, and consider the request cancelled and closed.
[Kansas State Department of Education logo]<https://www.ksde.org/>
R. Scott Gordon
General Counsel
Office of General Counsel
785-296-3204
sgordon@ksde.org
www.ksde.org<http://www.ksde.org/>
Kansas leads the world in the success of each student.
This message, the information contained therein and any attachments thereto may be protected by attorney client privilege and/or work product doctrines. It shall not be disclosed, forwarded, copied, shared or in any other manner provided to anyone except those to whom it is addressed. Any other disclosure is inadvertent, unintentional or unintended, and does not constitute any waiver of any applicable privilege or doctrine. Any unauthorized use of this message or documents attached hereto or the information contained herein is prohibited. If you are an unintended recipient of this message, please delete it immediately without copying, forwarding or in any manner sharing, and notify the sender of the receipt.
Be advised that (1) e-mail communication is not a secure method of communication; (2) any e-mail that is sent between you and this office may be copied and held by various computers it passes through as it is transmitted; (3) persons not participating in our communications may intercept our communications by improperly accessing your computer or this office’s computer or even some computer unconnected to either of us that this e-mail passes through.
The Kansas State Department of Education does not discriminate on the basis of race, color, national origin, sex, disability or age in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups. The following person has been designated to handle inquiries regarding the nondiscrimination policies: KSDE General Counsel, Office of General Counsel, KSDE, Landon State Office Building, 900 S.W. Jackson, Suite 102, Topeka, KS 66612, (785) 296-3201.
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