IDEA implementation in the School District of Philadelphia

Thomas Olson filed this request with the Philadelphia City School District of Philadelphia, PA.
Status
Completed

Communications

From: Thomas Olson


To Whom It May Concern:

Pursuant to the Pennsylvania Right to Know 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) in the Commonwealth of Pennsylvania must provide to the Pennsylvania Department of Education (SEA) “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 Pennsylvania Department of Education ] and the [US Department of Education] to audit the accuracy of the count.”

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 the School District of Philadelphia who have been referred to child-find.
• The total number of charter school students the School District of Philadelphia who have been referred to child-find.
• The total number of home-schooled students in the School District of Philadelphia who have been referred to child-find.
• The total number of private school students the School District of Philadelphia who have been referred to child-find.
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• The total number of public school students in the School District of Philadelphia who have been evaluated for disability(s).
• The total number of charter school students in the School District of Philadelphia who have been evaluated for disability(s).
• The total number of home-schooled students in the School District of Philadelphia who have been evaluated for disability(s).
• The total number of private school students in the School District of Philadelphia who have been evaluated for disability(s)
__

• The total number of public school students in the School District of Philadelphia who have been determined to have a disability(s).
• The total number of charter school students in the School District of Philadelphia who have been determined to have a disability(s).
• The total number of home-schooled students in the School District of Philadelphia who have been determined to have a disability(s).
• The total number of private school students in the School District of Philadelphia who have been determined to have a disability(s).
__

• The total number of public school students in the School District of Philadelphia who have been served.
• The total number of charter school students in the School District of Philadelphia who have been served.
• The total number of home-schooled students in the School District of Philadelphia who have been served.
• The total number of private school students in the School District of Philadelphia who have been served.

Under Sections 611 and 619 of IDEA, the Pennsylvania 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 School District of Philadelphia.

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: Thomas Olson

To whom it may concern,

By this message, I am following up on the request that I filed back on April 10.

Please advise ASAP as to the status of my request and the timeline for the fulfillment thereof.

Thank you.

--Tom

From: Philadelphia City School District

Good afternoon,

The School District of Philadelphia is closed indefinitely. Per the Office
of Open Records (OOR) guidance, if an agency is closed on a given day, that
day is not a “business day” and does not count toward the five business days
referenced in Section 901 of the RTKL, which governs the time period under
which an agency must respond to a request. Likewise, where a final calendar
day falls on a day an agency is closed, the deadline moves to the next
business (i.e., open) day. Accordingly, please take this into an account
when considering whether to file an appeal.

That being said, I am trying to evaluate the extent we can respond. Please
let me know if you have any questions.

Kimberly Dutch, Esquire

Associate General Counsel and Open Records Officer

The School District of Philadelphia | Office of General Counsel

440 North Broad Street | Suite 313 | Philadelphia, PA 19130

T: 215-400-5310

Be Part of the Progress

From: requests@muckrock.com
<mailto:requests@muckrock.com>
<requests@muckrock.com
<mailto:requests@muckrock.com> >

From: Thomas Olson

To whom it may concern,

I am once again following up on my request (1920 RTKL 0259), which I first filed back on 4/10/20. I will also followup today via an email to Kim Dutch (openrecordsofficer@philasd.org).

Thank you.

--Tom

From: Philadelphia City School District

Good Afternoon Mr. Olson,

I have received your follow-up regarding your request for information
under Pennsylvania's Right-to-Know Law. Please note that on June 26, 2020,
the district responded to your request, please see attached.

I've also attached for ease of reference your email confirming receipt of
our response.

If I am missing something, please feel free to clarify, otherwise, the
District deems your request as responded and closed.

Please do not hesitate to reach out if you have any questions.

Best Regards,

Roberto A. Fernandez, Esq.

Assistant General Counsel

Open Records Officer

The School District of Philadelphia | Office of General Counsel

440 North Broad Street | Suite 313 | Philadelphia, PA 1913

T: 215-400-4120

Be Part of the Progress

From:

Hello Roberto,

Thank you for your email.

I have received the correspondence.

Thank you very much for facilitating the completion of my request.

--Tom
--
*Tom Olson*
*Pri**ncipal Partner*
*774.364.0567*
tomolson@theadac.com
*www.theadac.com <http://www.theadac.com>*
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