IDEA implementation in Washington State

Thomas Olson filed this request with the Office of Superintendent of Public Instruction of Washington.
Tracking #

20-174

Est. Completion July 17, 2020
Status
Partially Completed

Communications

From: Thomas Olson


To Whom It May Concern:

Pursuant to the Washington Public Records 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 Washington Office of Superintendent 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 Washington Office of Superintendent 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 Washington Office of Superintendent 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 Washington Office of Superintendent 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 Washington Office of Superintendent 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 5 business days, as the statute requires.

Sincerely,

Thomas Olson

From: Office of Superintendent of Public Instruction

Good Afternoon,

Thank you for contacting the Office of Superintendent of Public Instruction (OSPI). We received the request you submitted on 4/9/20 and logged your request as Public Records Request No. 20-174. You requested:

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 Washington Office of Superintendent 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 Washington Office of Superintendent 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 Washington Office of Superintendent 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 Washington Office of Superintendent 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 Washington Office of Superintendent 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.

We are searching our records to determine the location, amount, and nature of our records, if any, that may be responsive to your request. In accordance with WAC 392-105-070(3) & (5), if we have responsive records, we anticipate we can make an installment available on or before May 15, 2020. If the records are ready prior to that time, we will notify you. If this timeline requires adjustment, we will advise you as well.

Please feel free to contact us with any questions.

Evan Gaffey
Director of Legal Services and Enterprise Risk Management
Legal Affairs Division
Office of Superintendent of Public Instruction (OSPI)
P.O. Box 47200 | 600 Washington St. SE
Olympia, WA 98504-7200
Office: 360-725-6333 | Cell: 360-688-8335
evan.gaffey@k12.wa.us<mailto:evan.gaffey@k12.wa.us>
www.k12.wa.us<http://www.k12.wa.us/>

Every student ready for career, college, and life

From: Office of Superintendent of Public Instruction

Good Morning,

Attached is the first installment of responsive records ready for disclosure for your request under Public Records Request No. 20-174.

We do not do data collection for home-schooled students, so will not have responsive records.

Data is only aggregated by districts, and data collection will start by 2020-2021 school year for the second four set of bullets; we do not have responsive records for these.

We do have responsive data for the third set of bullets and it's collected through the Special Education Federal Child Count and Educational Environment Data. The State's Child Count data is posted online, and may be accessed here: https://www.k12.wa.us/student-success/special-education/special-education-data-collection/state-special-education-data-collection-summaries. We have the most recent data available online from 2018 and all the way back to 2009.

We anticipate the next installment of records will be the week of July 17, 2020.

If you have any questions, please feel free to contact us.

Thank you,
Lisa

Lisa Brownell
Public Records Office
Forms and Records Analyst 2
Office of Superintendent of Public Instruction (OSPI)
P.O. Box 47200 | Olympia, WA 98504-7200
office: 360-725-6372 | fax: 360-753-4201
OSPIPRR@k12.wa.us<mailto:OSPIPRR@k12.wa.us>
www.k12.wa.us<http://www.k12.wa.us/>

From: Office of Superintendent of Public Instruction

Good Morning,

Attached is the first installment of responsive records ready for disclosure for your request under Public Records Request No. 20-174.

We do not do data collection for home-schooled students, so will not have responsive records.

Data is only aggregated by districts, and data collection will start by 2020-2021 school year for the second four set of bullets; we do not have responsive records for these.

We do have responsive data for the third set of bullets and it's collected through the Special Education Federal Child Count and Educational Environment Data. The State's Child Count data is posted online, and may be accessed here: https://www.k12.wa.us/student-success/special-education/special-education-data-collection/state-special-education-data-collection-summaries. We have the most recent data available online from 2018 and all the way back to 2009.

We anticipate the next installment of records will be the week of July 17, 2020.

If you have any questions, please feel free to contact us.

Thank you,
Lisa

Lisa Brownell
Public Records Office
Forms and Records Analyst 2
Office of Superintendent of Public Instruction (OSPI)
P.O. Box 47200 | Olympia, WA 98504-7200
office: 360-725-6372 | fax: 360-753-4201
OSPIPRR@k12.wa.us<mailto:OSPIPRR@k12.wa.us>
www.k12.wa.us<http://www.k12.wa.us/>

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