IDEA implementation in Michigan
| Submitted | April 9, 2020 |
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Communications
From: Thomas Olson
To Whom It May Concern:
Pursuant to the Michigan 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 Michigan 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 Michigan 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 Michigan 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.
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• 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)
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• 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).
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• 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 Michigan 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 Michigan 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 5 business days, as the statute requires.
Sincerely,
Thomas Olson
From: Michigan Department of Education
please see attached
There are too many files to display on this communication. See all files
From: Michigan Department of Education
Mr. Olson,
The Department has sent the files via the link provided in your request email.
Respectfully,
David Head
Office of Public and Governmental Affairs
Michigan Department of Education
517-241-2882
You have the power to shape your future, and the future of all children, by counting everyone in your home in the 2020 Census<https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmy2020census.gov%2F&data=02%7C01%7CHeadD%40michigan.gov%7Ca7f7554f74f4473b805b08d7d63eef49%7Cd5fb7087377742ad966a892ef47225d1%7C0%7C0%7C637213438092470813&sdata=QVqlyeJhkGuNcTHPhfRvzMkja37FeV%2BrjyUSAVfPRa8%3D&reserved=0>.
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From: Thomas Olson
Dear David,
Thank you for the promptness of your reply to my request and for sending to me the requested information.
Some of the data for which I have asked is missing. That missing data pertains to the number of students who have been served by (i.e. actually received) IDEA-funded services. In my request, I conveyed my request as follows:
• 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.
Your official response letter states that my request has only been partially granted due to the fact that some of the information that I have requested is "information of a personal nature." To be clear, I am NOT looking for names, and in LEAs wherein the number of students who have been served is less than 10, I would be happy to accept as data the designation "<10." That particular designation is utilized in the other data your office has already provided.
Thank you.
--Tom
From: Michigan Department of Education
Tom,
Thank you for your follow up. Could you please forward me your phone number? I would like someone that works with this data to contact you directly so we can get exactly what you need.
Thank you,
David Head
FOIA Coordinator
Michigan Department of Education
517-241-2882
You have the power to shape your future, and the future of all children, by counting everyone in your home in the 2020 Census<https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmy2020census.gov%2F&data=02%7C01%7CHeadD%40michigan.gov%7Ca7f7554f74f4473b805b08d7d63eef49%7Cd5fb7087377742ad966a892ef47225d1%7C0%7C0%7C637213438092470813&sdata=QVqlyeJhkGuNcTHPhfRvzMkja37FeV%2BrjyUSAVfPRa8%3D&reserved=0>.
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From: Thomas Olson
Hi David,
Thank you for your message.
I can be reached at 774-364-0567. Please advise when the person who would like to speak to me would like to call so that, if necessary, I can make scheduling arrangements.
Thank you.
--Tom
From: Michigan Department of Education
Would you be able to talk today?
From: Michigan Department of Education
Mr. Olson,
Please see the attached with contains IDEA Part B students with an IEP for the last five school years data.
Please let us know if you need anything else. MDE will close out this request.
Best,
David Head
FOIA Coordinator
Michigan Department of Education
517-241-2882
You have the power to shape your future, and the future of all children, by counting everyone in your home in the 2020 Census<https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmy2020census.gov%2F&data=02%7C01%7CHeadD%40michigan.gov%7Ca7f7554f74f4473b805b08d7d63eef49%7Cd5fb7087377742ad966a892ef47225d1%7C0%7C0%7C637213438092470813&sdata=QVqlyeJhkGuNcTHPhfRvzMkja37FeV%2BrjyUSAVfPRa8%3D&reserved=0>.
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From: Thomas Olson
Dear David,
Thank you for your email and, also, the data! Thank you also for arranging that call with your colleague.
Unless I am missing something, the Excel file appears to only contain data from school year 2018-19. To repeat and in line with the rest of the data that you have already provided, I am looking for data from the past five years. Please advise.
Thank you, again.
--Tom
From: Michigan Department of Education
Mr. Olson,
Please see attached. You had received the unfiltered version previously. You can get each school year by filtering on column A “School Year”.
David Head
FOIA Coordinator
Michigan Department of Education
517-241-2882
You have the power to shape your future, and the future of all children, by counting everyone in your home in the 2020 Census<https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmy2020census.gov%2F&data=02%7C01%7CHeadD%40michigan.gov%7Ca7f7554f74f4473b805b08d7d63eef49%7Cd5fb7087377742ad966a892ef47225d1%7C0%7C0%7C637213438092470813&sdata=QVqlyeJhkGuNcTHPhfRvzMkja37FeV%2BrjyUSAVfPRa8%3D&reserved=0>.
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From: Thomas Olson
Thank you very much, David!
Be well and stay safe.
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