IDEA implementation in North Carolina
| Submitted | April 9, 2020 |
| Est. Completion | None |
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Communications
From: Thomas Olson
To Whom It May Concern:
Pursuant to the North Carolina Public Records 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 North Carolina Department of Public Instruction “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 North Carolina Department of Public Instruction ] and the [US Department of Education] to audit the accuracy of the count.”
Furthermore, according to 34 C.F.R, § 300.111, the North Carolina Department of Public Instruction “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 North Carolina Department of Public Instruction (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 North Carolina Department of Public Instruction (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 10 business days.
Sincerely,
Thomas Olson
From: Thomas Olson
To whom it may concern,
I am following up on my FOIA request, which I filed back on April 9, 2020.
The 10-day period during which time the law requires you to respond to my request has elapsed. Thus, I am respectfully requesting ASAP an update on the status of my request.
I will also be following up and submitting my request via https://docs.google.com/forms/d/e/1FAIpQLSdHtqphq284ead-Bgc90z0vLxUdZ7O5BIaJjeZQnzrX4xDEiA/viewform.
Thank you.
--Tom
From: North Carolina Department of Public Instruction
Good Evening,
Thank you for contacting the Department of Public Instruction. We respond to public records requests in the order in which they are received. Due to limited staffing, this request is in our queue and will be responded to as soon as possible. Thank you for your patience during this diffuclt time.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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 North Carolina Public Records Law 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: North Carolina Department of Public Instruction
Good morning,
Hello, thank you for contacting the Department of Public Instruction. As a reminder, we completed this request back in May. Please see the response below, which was sent to the email address provided on the our public records form, tomolson@theadac.com<mailto:tomolson@theadac.com>, on May 7, 2021. Please let us know if you have any further questions. Thank you.
From: Public Records
Sent: Friday, May 7, 2021 4:46 PM
To: tomolson@theadac.com
Subject: Response to Public Records Request
Mr. Olson,
On May 13, 2020 you made the following public records request:
"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 North Carolina Department of Public Instruction "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 North Carolina Department of Public Instruction ] and the [US Department of Education] to audit the accuracy of the count."
Furthermore, according to 34 C.F.R, § 300.111, the North Carolina Department of Public Instruction "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 North Carolina Department of Public Instruction (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 North Carolina Department of Public Instruction (SEA)
* The total IDEA allocation/grant received by each LEA."
A responsive record to your request does not exist, and we are not required to create or compile a record that does not exist in order to fulfill a public records request. See NC Gen. Stat. § 132-6.2(e).
Under the new administration, we are making it a priority to fulfill the backlogged public records requests. We appreciate your continued patience.
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Visit us on the web at https://dpi.nc.gov . All e-mail correspondence to and from this address is subject to the North Carolina Public Records Law, which may result in monitoring and disclosure to third parties, including law enforcement.
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