IDEA implementation in the Portland Public Schools LEA
| Tracking # |
1920-190 |
| Submitted | April 10, 2020 |
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Communications
From: Thomas Olson
To Whom It May Concern:
Pursuant to the Oregon 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) in the State of Oregon must provide to the Oregon 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 California 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 Portland Public Schools who have been referred to child-find.
• The total number of charter school students in the Portland Public Schools who have been referred to child-find.
• The total number of home-schooled students in the Portland Public Schools who have been referred to child-find.
• The total number of private school students in the Portland Public Schools LEA who have been referred to child-find.
__
• The total number of public school students in the Portland Public Schools who have been evaluated for disability(s).
• The total number of charter school students in the Portland Public Schools who have been evaluated for disability(s).
• The total number of home-schooled students in the Portland Public Schools who have been evaluated for disability(s).
• The total number of private school students in the Portland Public Schools LEA who have been evaluated for disability(s)
__
• The total number of public school students in the Portland Public Schools who have been determined to have a disability(s).
• The total number of charter school students in the Portland Public Schools who have been determined to have a disability(s).
• The total number of home-schooled students in the Portland Public Schools who have been determined to have a disability(s).
• The total number of private school students in the Portland Public Schools LEA who have been determined to have a disability(s).
__
• The total number of public school students in the Portland Public Schools who have been served.
• The total number of charter school students in the Portland Public Schools who have been served.
• The total number of home-schooled students in the Portland Public Schools who have been served.
• The total number of private school students in the Portland Public Schools LEA who have been served.
Under Sections 611 and 619 of IDEA, the Oregon 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 Portland Public Schools 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: Portland Public Schools
Hello:
This email acknowledges your public records request of 4/10/2020. Your
request has been assigned the following tracking number: PRR 1920-190.
We understand you are seeking the following public 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 State of Oregon must provide to the Oregon 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 California 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.”
(1) 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 [for all students in the Portland Public Schools LEA]:
a The total number of public school students … who have been referred to
child-find
b. The total number of charter school students … who have been referred to
child-find
c. The total number of home-schooled students … who have been referred to
child-find
d. The total number of private school students … who have been referred to
child-find
e. The total number of public school students … who have been evaluated for
disability(s)
f. The total number of charter school students … who have been evaluated
for disability(s)
g. The total number of home-schooled students … who have been evaluated for
disability(s)
h. The total number of private school students … who have been evaluated
for disability(s)
i. The total number of public school students … who have been determined to
have a disability(s)
j. The total number of charter school students … who have been determined
to have a disability(s)
k. The total number of home-schooled students … who have been determined to
have a disability(s)
l. The total number of private school students … who have been determined
to have a disability(s).
m. The total number of public school students … who have been served
n. The total number of charter school students … who have been served
o. The total number of home-schooled students … who have been served
p. The total number of private school students … who have been served
* Under Sections 611 and 619 of IDEA, the Oregon 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.
(2) 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:
a. The total IDEA allocation/grant received by the Portland Public Schools
LEA
Please let us know if this does not accurately describe the records you are
looking for.
Based on an initial inquiry
We are conducting a search to determine whether or not we possess
responsive records. We will send an update as soon as possible following
completion of that search, or no later than an additional fifteen business
days.
If it is necessary to charge fees to fulfill this request, we will provide
a written cost estimate detailing the work to be performed and approximate
volume/nature of the records to be provided.
If you have any questions or concerns about the public records process, we
encourage you to contact our office. It is always our goal to provide
records in a timely manner without undue delay or expense.
Thank you.
Public Records
Portland Public Schools
503-916-3385 (phone)
publicrecords@pps.net (email)
501 N. Dixon St., Portland, OR 97227 (mail)
From: Thomas Olson
Dear Portland Public Schools,
Thank you for acknowledging my request. I look forward to hearing back from you.
--Tom
From: Portland Public Schools
Hello:
We are writing to let you know that we are still working to identify
responsive records. We believe we will need up to an additional 15 business
days to complete this step in the process.
We will send you regular updates as we continue to process your request,
and we thank you for your patience. If you have any questions about the
public records process, please reach out and we will do our best to respond
in a timely fashion.
Thank you.
Public Records
Portland Public Schools
503-916-3385 (phone)
publicrecords@pps.net (email)
501 N. Dixon St., Portland, OR 97227 (mail)
From: Portland Public Schools
Hello:
We have now determined that the work required to process your request will
require PPS to assess fees for the time and cost. A written cost estimate
is attached detailing those fees.
To reduce fees, you may narrow the scope of your request. Please contact us
if you are interested in discussing options.
You may also request a waiver or reduction of fees. Once we receive that
request, we will make a decision within fifteen business days. Please
include any information you believe demonstrates that the request primarily
benefits the general public. If your request is denied, you have the right
to petition the District Attorney for review of that decision.
Per PPS policy and ORS 192.329(3)(a), work on this request will stop until
payment is received. Payment may be submitted to the Accounts Receivable
Desk. Credit card payments may be made online at the link below:
PPS Accounts Receivable:
501 North Dixon St, Portland, OR 97227
503-916-3005
https://www.schoolpay.com/pay/for/Public-Records-Request--Legal-Only/Sc4woeM
Thank you.
Public Records
Portland Public Schools
503-916-3385 (phone)
publicrecords@pps.net (email)
501 N. Dixon St., Portland, OR 97227 (mail)
From: Thomas Olson
Dear Portland Public Schools,
ADAC has requested this review on behalf of non-public schools. The vast majority of these schools are 501(c)(3) organizations.
Like so many other organizations, these organizations are facing severe challenges due to COVID-19. Thus, I respectfully request that these fees be waived or significantly reduced.
Thank you.
--Tom
From: Portland Public Schools
Tom:
Well noted, we will begin our analysis of your fee waiver request. Can you
tell us what ADAC is? That may help determine the public interest in
releasing this information.
Thank you.
Public Records
Portland Public Schools
503-916-3385 (phone)
publicrecords@pps.net (email)
501 N. Dixon St., Portland, OR 97227 (mail)
From: Thomas Olson
To whom it may concern,
Thank you for your message.
ADAC provides special education implementation services to non-public schools and development consulting services to non-profits. As part of its work, ADAC also engages in research on behalf of its broad constituency and works with non-profits in sharing that research with and disseminating it to the public. Thus, the particular public purpose for which ADAC is requesting this information is more than sufficiently broad.
If you require any further information, then please be back in touch. Additional information is also available on our website at www.theadac.com. In advance, thank you for considering our fee waiver request, which we make on behalf of the nonprofits and non-public school students with disabilities we serve.
Sincerely,
Tom
From: Thomas Olson
To whom it may concern,
I am following up on your 5/11 request for more information. I provided the requested clarification on 5/13. Please advise as to the status of my request for a fee waiver and, also, possible next steps.
Thank you. I hope that you are doing OK!
--Tom
From: Portland Public Schools
Hello:
We have completed our analysis of your request for a fee waiver. In brief, we
have determined that the public interest does not justify a waiver of the
assessed fees. We will wait to proceed until the fees are paid. You have
the right to petition the Multnomah County District Attorney for a review
of this decision.
As always, we remain willing to work with you to potentially reduce the
scope or volume of your request in order to reduce the time and cost
required to respond. Please let us know if this is something you are
interested in.
Thank you.
Public Records
Portland Public Schools
503-916-3385 (phone)
publicrecords@pps.net (email)
501 N. Dixon St., Portland, OR 97227 (mail)
From: Thomas Olson
To whom it may concern,
Thank you for your message and response to my request for a fee waiver.
I will be back in touch soon with my decision on how I would like to proceed.
--Tom
From: Thomas Olson
See attached.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Oregon Public Records Law request, copied below, and originally submitted on April 10, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #1920-190.
Thanks for your help, and let me know if further clarification is needed.
From: Portland Public Schools
Hello:
Per the thread below, we assessed fees and denied your fee waiver request.
We understand you have requested that the Multnomah County District
Attorney review the fee waiver denial decision, and that review is pending.
Once an opinion is issued, we will assess the impact to our process.
Otherwise, this request is inactive pending payment of fees.
Thank you.
Public Records
Portland Public Schools
503-916-3385 (phone)
publicrecords@pps.net (email)
501 N. Dixon St., Portland, OR 97227 (mail)
From: Thomas Olson
Thank you. We will await the AG's response. Depending on the result, I may write again to request re-activation of my original request.
From: Portland Public Schools
Mr. Olson:
Based on the new information you articulated to the Multnomah County
District Attorney, we have determined that a partial fee waiver (50%) is
appropriate for this request. Please find revised written cost estimate
attached.
Thank you.
Public Records
Portland Public Schools
503-916-3385 (phone)
publicrecords@pps.net (email)
501 N. Dixon St., Portland, OR 97227 (mail)
From: Thomas Olson
To whom it may concern,
I submitted the payment yesterday.
Thank you.
--Tom
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Oregon Public Records Law request, copied below, and originally submitted on April 10, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #1920-190.
Thanks for your help, and let me know if further clarification is needed.
From: Portland Public Schools
Mr. Olson:
You sent us a request for update on Thursday from your personal email. Here
is the same update we sent in response to that request:
"We are currently working to gather and review these records. Based on
information from staff, I expect we will be able to complete this request
by the end of business Thursday, July 23, if not sooner. Note that because
PPS is currently furloughing all staff on Fridays, the 23rd will be the
12th business day following your payment."
Thank you.
Public Records
Portland Public Schools
503-916-3385 (phone)
publicrecords@pps.net (email)
501 N. Dixon St., Portland, OR 97227 (mail)
From: Portland Public Schools
Mr. Olson:
Thank you for your patience as we navigate these challenging and
unprecedented times. Here is a final update on your public records request:
We have completed review of the requested records, and they are available
in this google folder:
https://drive.google.com/drive/folders/15dCUOAD_21HXUXhSUb4kmTThHhdEgGMf?usp=sharing
A revised cost estimate has also been included. We did an accounting of our
time and the review took approximately 1 hour(s) less time than estimated,
so you are owed a small refund. We will make arrangements for a check to be
sent out.
Thank you.
Public Records
Portland Public Schools
503-916-3385 (phone)
publicrecords@pps.net (email)
501 N. Dixon St., Portland, OR 97227 (mail)
From: Thomas Olson
Thank you for the data. Thank you, also, for the refund!
From: Portland Public Schools
Mr. Olson:
We received your voicemail inquiring as to the status of this request. As
per our previous email, the records were uploaded to this google folder:
https://drive.google.com/drive/folders/15dCUOAD_21HXUXhSUb4kmTThHhdEgGMf?usp=sharing
Please let us know if you have trouble opening the link. It should not
require a login or a google account for access.
Thank you.
Public Records
Portland Public Schools
503-916-3385 (phone)
publicrecords@pps.net (email)
501 N. Dixon St., Portland, OR 97227 (mail)
-
PRR201920-190-20200730T054045Z-001.zip
From: Thomas Olson
The link is accessible.
Thank you for fulfilling my request.
--Tom
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