DESE Relationship with County Houses of Correction

Dear Joshua Dankoff,
Thank you for your interest in public records of the Department of Elementary and Secondary Education.  Your request has been received and is being processed.  Your request was received in this office on February 17, 2021 and given the reference number P001238-021721 for tracking purposes. Pursuant to Massachusetts Public Records Law (M.G.L. Chapter 66, Section 10), I hereby request the following:

1. Records that indicate how many youth and young adults at each County House of Corrections (CHC) have been identified as being eligible (or potentially eligible for special-education services for each of calendar year 2018, 2019, and 2020. This could either be redacted copies of all Form 28M/7, entitled "CONSENT FORM FOR SCHOOL-AGED INMATES Seeking a Determination of Eligibility for Special Education Services" submitted to DESE's Special Education in Institutional Settings (SEIS) from each County House of Corrections (CHC) during calendar year 2018, 2019, and 2020 (assuming that these forms indicate the CHC), and/or an excel document that summarizes such information, including the age of the young person, the county, the facility, and the date of the request.

2. Records that show any direction/guidance/training that DESE provides to the CHCs on how the CHC should identify "potentially eligible school-aged inmates", as defined on page 13 of SEIS/DESE's CHC Practice Manual.

3. Records that show which school districts have been noncompliant in providing educational services to students identified by CHCs. Specifically, we are interested in records of LEAs that are not responding to SEIS' requests for services for a young person at a CHC. We therefore request copies of memos dated in 2018, 2019, or 2020 wherein SEIS School District Liaisons (SDL) notified the SEIS Director of a lack of response from a school district/LEA after the LEA has received the consent documents (memos outlined as document 6b on page 24 of the CHC Practice Manual). We understand that student identifying information may have to be redacted, though please do not redact information concerning the name of the LEA. We would accept a summary document in excel that indicates the names of school districts, and the date of each time it was deemed noncompliant for providing services to a student at a CHC over the time period indicated above.

4. Records that show which school districts have been noncompliant in providing educational services to students identified by the Department of Youth Services (DYS) in 2018, 2019, or 2020. Specifically, we are interested in records of LEAs that are not responding to SEIS' requests for services for a young person at DYS. We would accept a summary document in excel that indicates the names of school districts, and the date of each time it was deemed noncompliant for providing services to a student at DYS over the time period indicated above.

5. Records that show the nature, quality, and frequency of DESE/SEIS oversight of CHCs and DYS, including staff site visit reports to CHC or DYS facilities from 2016 through 2020.

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.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.

Department of Elementary and Secondary Education
To monitor the progress or update this request please log into the Public Records Center. (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFlKwzEcnwQ6842l1Xrf9RKioY2XE-2F0wlTZiMz6GoSOdK5ARIiUqQrTg1Qd9UlWDzfwV2mm6qc8Wy2m1v8UbhR7yO5q9B688wAAtSUuyIQSkXBMAL_Gmy3G1b8WLinqaJrC3LNthJXQrPg27ZEuAxmwkFbXMgUgrz5IQr2HXOsE7H4dCN8VpzfWmaGuCa06hyJwhHcdb6Q1GtT0WJAuFt2jTVqAoi4KfF6xH0LGN2aAGU2yiAdyb7WctbcicRyG9SvqyyWuA9eOsuZ6-2FqHf2M1ARoi8HmdJNxrPNdJj6ocorsldcIUN0MF9JkiYe24j2m5Wc5VDI6dST1A0DqUdW5cBt6l7K7G3tWwp8TIWVN8iPjyyYQ1uWRyQxdsQbY9hygvembo-2Bt9UfBMJFyAajB6ggzJvdNRfMWBfVG08-2FTri1Ubn7m19o-2FVUDJY0btkijrvjhMLm0hioslIqkcKnIkIS4noz9zbmjTIoF-2B32MWRTdmdcnUGKMSM3LVr1qbI5LR97tM66ow-3D-3D)

Dear Joshua Dankoff, Thank you for registering with the Public Records Center. Your Login ID is:  requests@muckrock.com If you did not submit your request through the public portal but are receiving this e-mail, an account has been created for you where you can track and monitor the status of your request, and receive any documents in response to your request.
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Hello,

Unfortunately your email was not recognized and has not been routed accordingly.  Please be advised that if you wish to submit a new request or check on the status of an already submitted request, you should visit the Public Records Center. Description: TO: "Public Records Center (Mass ESE)"[massdese@mycusthelp.net]

Department Of Elementary And Secondary Education
PRL Office
75 Pleasant Street
Malden, MA 02148
March 4, 2021
This is a follow up to request number P001238-021721:
To Whom It May Concern:
I wanted to follow up on the following Massachusetts Public Records Law request, copied below, and originally submitted on Feb. 16, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #P001238-021721.
Thanks for your help, and let me know if further clarification is needed.
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly: https://www.muckrock.com/
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.
For mailed responses, please address (see note):
MuckRock News
DEPT MR 108325
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
---
On Feb. 17, 2021:
Subject: Welcome to the Public Records Center!
Dear Joshua Dankoff, Thank you for registering with the Public Records Center. Your Login ID is:  requests@muckrock.com If you did not submit your request through the public portal but are receiving this e-mail, an account has been created for you where you can track and monitor the status of your request, and receive any documents in response to your request.
If you have never used this system or cannot remember your password you may request a temporary password here: Request Temporary Password (https://massdese.mycusthelp.com/WEBAPP/_rs/ForgotPassword.aspx) Please log in to My Request Center to update your account information, track the status of your request and receive the requested records when they become available. This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY
---
On Feb. 17, 2021:
Subject: Public Records Request :: P001238-021721
Dear Joshua Dankoff,
Thank you for your interest in public records of the Department of Elementary and Secondary Education.  Your request has been received and is being processed.  Your request was received in this office on February 17, 2021 and given the reference number P001238-021721 for tracking purposes. Pursuant to Massachusetts Public Records Law (M.G.L. Chapter 66, Section 10), I hereby request the following:
1. Records that indicate how many youth and young adults at each County House of Corrections (CHC) have been identified as being eligible (or potentially eligible for special-education services for each of calendar year 2018, 2019, and 2020. This could either be redacted copies of all Form 28M/7, entitled "CONSENT FORM FOR SCHOOL-AGED INMATES Seeking a Determination of Eligibility for Special Education Services" submitted to DESE's Special Education in Institutional Settings (SEIS) from each County House of Corrections (CHC) during calendar year 2018, 2019, and 2020 (assuming that these forms indicate the CHC), and/or an excel document that summarizes such information, including the age of the young person, the county, the facility, and the date of the request.
2. Records that show any direction/guidance/training that DESE provides to the CHCs on how the CHC should identify "potentially eligible school-aged inmates", as defined on page 13 of SEIS/DESE's CHC Practice Manual.
3. Records that show which school districts have been noncompliant in providing educational services to students identified by CHCs. Specifically, we are interested in records of LEAs that are not responding to SEIS' requests for services for a young person at a CHC. We therefore request copies of memos dated in 2018, 2019, or 2020 wherein SEIS School District Liaisons (SDL) notified the SEIS Director of a lack of response from a school district/LEA after the LEA has received the consent documents (memos outlined as document 6b on page 24 of the CHC Practice Manual). We understand that student identifying information may have to be redacted, though please do not redact information concerning the name of the LEA. We would accept a summary document in excel that indicates the names of school districts, and the date of each time it was deemed noncompliant for providing services to a student at a CHC over the time period indicated above.
4. Records that show which school districts have been noncompliant in providing educational services to students identified by the Department of Youth Services (DYS) in 2018, 2019, or 2020. Specifically, we are interested in records of LEAs that are not responding to SEIS' requests for services for a young person at DYS. We would accept a summary document in excel that indicates the names of school districts, and the date of each time it was deemed noncompliant for providing services to a student at DYS over the time period indicated above.
5. Records that show the nature, quality, and frequency of DESE/SEIS oversight of CHCs and DYS, including staff site visit reports to CHC or DYS facilities from 2016 through 2020.
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.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.
Department of Elementary and Secondary Education
To monitor the progress or update this request please log into the Public Records Center. (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFlKwzEcnwQ6842l1Xrf9RKioY2XE-2F0wlTZiMz6GoSOdK5ARIiUqQrTg1Qd9UlWDzfwV2mm6qc8Wy2m1v8UbhR7yO5q9B688wAAtSUuyIQSkXBMAL_Gmy3G1b8WLinqaJrC3LNthJXQrPg27ZEuAxmwkFbXMgUgrz5IQr2HXOsE7H4dCN8VpzfWmaGuCa06hyJwhHcdb6Q1GtT0WJAuFt2jTVqAoi4KfF6xH0LGN2aAGU2yiAdyb7WctbcicRyG9SvqyyWuA9eOsuZ6-2FqHf2M1ARoi8HmdJNxrPNdJj6ocorsldcIUN0MF9JkiYe24j2m5Wc5VDI6dST1A0DqUdW5cBt6l7K7G3tWwp8TIWVN8iPjyyYQ1uWRyQxdsQbY9hygvembo-2Bt9UfBMJFyAajB6ggzJvdNRfMWBfVG08-2FTri1Ubn7m19o-2FVUDJY0btkijrvjhMLm0hioslIqkcKnIkIS4noz9zbmjTIoF-2B32MWRTdmdcnUGKMSM3LVr1qbI5LR97tM66ow-3D-3D)
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On Feb. 16, 2021:
Subject: Massachusetts Public Records Law Request: DESE Relationship with County Houses of Correction
Dear DESE Records Access Officer,
Pursuant to Massachusetts Public Records Law (M.G.L. Chapter 66, Section 10), I hereby request the following:
1. Records that indicate how many youth and young adults at each County House of Corrections (CHC) have been identified as being eligible (or potentially eligible for special-education services for each of calendar year 2018, 2019, and 2020. This could either be redacted copies of all Form 28M/7, entitled "CONSENT FORM FOR SCHOOL-AGED INMATES Seeking a Determination of Eligibility for Special Education Services" submitted to DESE's Special Education in Institutional Settings (SEIS) from each County House of Corrections (CHC) during calendar year 2018, 2019, and 2020 (assuming that these forms indicate the CHC), and/or an excel document that summarizes such information, including the age of the young person, the county, the facility, and the date of the request.
2. Records that show any direction/guidance/training that DESE provides to the CHCs on how the CHC should identify "potentially eligible school-aged inmates", as defined on page 13 of SEIS/DESE's CHC Practice Manual.
3. Records that show which school districts have been noncompliant in providing educational services to students identified by CHCs. Specifically, we are interested in records of LEAs that are not responding to SEIS' requests for services for a young person at a CHC. We therefore request copies of memos dated in 2018, 2019, or 2020 wherein SEIS School District Liaisons (SDL) notified the SEIS Director of a lack of response from a school district/LEA after the LEA has received the consent documents (memos outlined as document 6b on page 24 of the CHC Practice Manual).  We understand that student identifying information may have to be redacted, though please do not redact information concerning the name of the LEA. We would accept a summary document in excel that indicates the names of school districts, and the date of each time it was deemed noncompliant for providing services to a student at a CHC over the time period indicated above.
4. Records that show which school districts have been noncompliant in providing educational services to students identified by the Department of Youth Services (DYS) in 2018, 2019, or 2020. Specifically, we are interested in records of LEAs that are not responding to SEIS' requests for services for a young person at DYS. We would accept a summary document in excel that indicates the names of school districts, and the date of each time it was deemed noncompliant for providing services to a student at DYS over the time period indicated above.
5. Records that show the nature, quality, and frequency of DESE/SEIS oversight of CHCs and DYS, including staff site visit reports to CHC or DYS facilities from 2016 through 2020.
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.
Sincerely,
Joshua Dankoff
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly: https://www.muckrock.com/
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.
For mailed responses, please address (see note):
MuckRock News
DEPT MR 108325
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.

--- Please respond above this line ---

Hello,
We received your Public Records Request regarding CHCs and DYS. We are working on gathering the documents and we will respond to your request as soon as possible.
Thank you.
Sincerely,
Rebecca Sullivan
Special Education in Institutional Settings
To monitor the progress or update this request please log into the Public Records Center (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFlKwzEcnwQ6842l1Xrf9RKioY2XE-2F0wlTZiMz6GoSOdK5ARIiUqQrTg1Qd9UlWDzfwV2mm6qc8Wy2m1v8UbhR7yO5q9B688wAAtSUuyIQSkXNJzM_Gmy3G1b8WLinqaJrC3LNthJXQrPg27ZEuAxmwkFbXMgUgrz5IQr2HXOsE7H4dCN8VpzfWmaGuCa06hyJwhHcdRLzigV-2BRFXsuB4GjmmC0i1l485HvfTvXEFKXe3hdxvhDKQN-2BOqH0zGlWh6Ci6GrZHHz5Y4pVTnaxsklbODKb-2BdcHbpYcJDYB0vMQ7BBXREhPf6wKWbWRbf-2B0I-2BUCbzxrAWVhWUAILW38XADqYb7NP9O1Xm4D0cql5NNOfv9dkjP0qMo47-2FQWaSvSDxCesP6J-2BZGAXpVt5KBDi7WpoV7r1J2vpISVENJOjoxS3HI7WpQ5DD-2BgYKNGgNqK-2Bm3TAYSRHHwCIbFQHlco364tlFRIDClhBSq-2FAU-2BZzutlpHTIFLgB0XMSc2a3mVDWlF-2F0W5EMg-3D-3D)

--- Please respond above this line ---

03/31/2021
Joshua Dankoff
DEPT MR 108325 411A Highland Ave
Somerville, MA  02144
RE:  Request for Public Records #P001238-021721
Dear Joshua Dankoff:
On February 17, 2021 you requested certain public records from the Massachusetts Department of Elementary and Secondary Education (“Department”). These records include relate to students in institutional settings, particularly county houses of correction and facilities operated by the Massachusetts Department of Youth Services. In what follows, I respond to each item of your request individually.
* Records that indicate how many youth and young adults at each County House of Corrections (CHC) have been identified as being eligible (or potentially eligible for special-education services for each of calendar year 2018, 2019, and 2020. This could either be redacted copies of all Form 28M/7, entitled "CONSENT FORM FOR SCHOOL-AGED INMATES Seeking a Determination of Eligibility for Special Education Services" submitted to DESE's Special Education in Institutional Settings (SEIS) from each County House of Corrections (CHC) during calendar year 2018, 2019, and 2020 (assuming that these forms indicate the CHC), and/or an excel document that summarizes such information, including the age of the young person, the county, the facility, and the date of the request.

Attached, in the Public Records Center, please find a file entitled, “SY20-21 student staff comparison report.pdf.” Please be advised that this document has been redacted to suppress sample sizes of students that are so small they risk unauthorized disclosures of personally identifiable information about students contained in education records. This redaction is supported by the statutory exemption to the public records law, G.L. c. 4, §7(26)(a), which applies to records protected by the federal Family Educational Rights Privacy Act (FERPA), 20 USC § 1232g. It is also supported by the privacy exemption to the Public Records Law, G.L. c. 4, §7(26)(c).

* Records that show any direction/guidance/training that DESE provides to the CHCs on how the CHC should identify "potentially eligible school-aged inmates", as defined on page 13 of SEIS/DESE's CHC Practice Manual.

Attached in the Public Records Center, please find a copy of “DESE’s SEIS CHC Practice Manual.” The Department’s process for identification in CHCs is outlined on page 13 of the manual. The Collaborative For Educational Services may also contain records that respond to this request.
* Records that show which school districts have been noncompliant in providing educational services to students identified by CHCs. Specifically, we are interested in records of LEAs that are not responding to SEIS' requests for services for a young person at a CHC. We therefore request copies of memos dated in 2018, 2019, or 2020 wherein SEIS School District Liaisons (SDL) notified the SEIS Director of a lack of response from a school district/LEA after the LEA has received the consent documents (memos outlined as document 6b on page 24 of the CHC Practice Manual). We understand that student identifying information may have to be redacted, though please do not redact information concerning the name of the LEA. We would accept a summary document in excel that indicates the names of school districts, and the date of each time it was deemed noncompliant for providing services to a student at a CHC over the time period indicated above.

Please be advised the Department has no records that respond to this request. The Department’s Problem Resolution System possesses no complaints, filed on behalf of specific students, relating to a student’s access to special education services in CHCs. Responsive records may be possessed by CES and/or local school districts.

* Records that show which school districts have been noncompliant in providing educational services to students identified by the Department of Youth Services (DYS) in 2018, 2019, or 2020. Specifically, we are interested in records of LEAs that are not responding to SEIS' requests for services for a young person at DYS. We would accept a summary document in excel that indicates the names of school districts, and the date of each time it was deemed noncompliant for providing services to a student at DYS over the time period indicated above.

Please be advised the Department has no records that respond to this request. The Department’s Problem Resolution System possesses no complaints, filed on behalf of specific students, relating to a student’s access to special education services in DYS. Responsive records may be possessed by CES and/or local school districts.
Records that show the nature, quality, and frequency of DESE/SEIS oversight of CHCs and DYS, including staff site visit reports to CHC or DYS facilities from 2016 through 2020.
Attached in the Public Records Center, please find the following documents:

* SEIS CHC Program Final Report 2019
* SEIS DYS Program Final Report 2016
Finally, please be advised that responsibility for providing education services to students in institutional services is shared between host agencies, school districts, and the Department according to relevant statutes and regulations that apportion responsibility for implementing different components of students’ educational programs and special educational programs to these parties. The Department fulfills its responsibilities to provide special education services to students in institutional settings by contracting with the Collaborative for Educational Services (CES), which provides special education services to eligible students and coordinates with the other parties to ensure students can access a FAPE in institutional settings. CES may have additional records pertaining to this request regarding oversight. If you wish to discuss this request or the Department’s response, you can reach me by use of the contact information below. Additionally, please be advised that if you wish to challenge this response, you may appeal to the Supervisor of Public Records following the procedure contained in 950 C.M.R. § 32.08(2).

Sincerely,
Rebecca Sullivan
Special Education in Institutional Settings