IDEA implementation in Missouri

Thomas Olson filed this request with the Missouri Department of Elementary and Secondary Education of Missouri.
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From: Thomas Olson


To Whom It May Concern:

Pursuant to the The Missouri Sunshine Law, 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 Missouri Department of Elementary and Secondary 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 Missouri Department of Elementary and Secondary Education] and the [US Department of Education] to audit the accuracy of the count.”

Furthermore, according to 34 C.F.R, § 300.111, the Missouri Department of Elementary and Secondary 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 Missouri Department of Elementary and Secondary 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 Missouri Department of Elementary and Secondary 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: Missouri Department of Elementary and Secondary Education

Dear Mr. Olson:

On April 9, 2020, the Missouri Department of Elementary and Secondary Education (DESE) received your Sunshine Law request for data. Your specific request, for the last five years, is as follows:
* 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.
* The total IDEA allocation/grant received by the Missouri Department of Elementary and Secondary Education (SEA)
* The total IDEA allocation/grant received by each LEA.
We are in the process of reviewing your request to locate and preliminarily identify what data we maintain that may be responsive. We estimate this process will take no more than ten business days, based on the of breadth of your request, the number of other outstanding requests, and current office responsibilities. Once that process is complete, we will either contact you with a time and cost estimate (if applicable) pursuant to § 610.026, RSMo, for your request, or any responsive data.

Please be aware that to the extent information contained within the records is considered closed and/or confidential, it will be redacted pursuant to § 610.021, RSMo, and any other applicable state or federal law.

Respectfully,

Sarah G. Madden
Coordinator, Legal Services
Governmental Affairs
Missouri Department of Elementary and Secondary Education
Office: 573-751-3527
dese.mo.gov

The Missouri Bar Disciplinary Counsel requires all Missouri lawyers to notify all recipients of e-mail that (1) e-mail communication is not a secure method of communication, (2) any e-mail that is sent to you or by you may be copied and held by various computers the e-mail passes through as it goes from sender to recipient, (3) persons not participating in our communication may intercept our communications by improperly accessing your computer or this office's computers or even some computer unconnected to either of us which the e-mail passes through. This office is communicating to you via e-mail because you have consented to receive communications via this medium. If you change your mind and want further communications to be sent in a different fashion, please advise our office AT ONCE.

From: Thomas Olson

Thank you, Sarah. I look forward to hearing from you.

From: Missouri Department of Elementary and Secondary Education

Dear Mr. Olson:

Please see attached letter and documents from Sarah Madden.

Thank you,

Billie Jo Keim | Legal Assistant | Governmental Affairs | 573-751-3527 | dese.mo.gov

From: Thomas Olson

Thank you, Bill Jo!

After I review the data you sent, I will be back in touch if I should have any questions or pertinent responses to the data you have provided.

Stay safe and be well.

--Tom

From: Missouri Department of Elementary and Secondary Education

Dear Mr. Olson:

We are responding to your email of June 1, 2020. Please find the documents which we originally sent you on April 21, 2020, along with the email confirming the date the records were sent.

I hope this information is of assistance.

Respectfully,

Sarah G. Madden
Coordinator, Legal Services
Governmental Affairs
Missouri Department of Elementary and Secondary Education
Office: 573-751-3527
dese.mo.gov

The Missouri Bar Disciplinary Counsel requires all Missouri lawyers to notify all recipients of e-mail that (1) e-mail communication is not a secure method of communication, (2) any e-mail that is sent to you or by you may be copied and held by various computers the e-mail passes through as it goes from sender to recipient, (3) persons not participating in our communication may intercept our communications by improperly accessing your computer or this office’s computers or even some computer unconnected to either of us which the e-mail passes through. This office is communicating to you via e-mail because you have consented to receive communications via this medium. If you change your mind and want further communications to be sent in a different fashion, please advise our office AT ONCE.

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