CPS: Grievances

Dear Miriam:

Thank you for your interest in Chicago Public Schools. Your FOIA request has been submitted. Your FOIA Center reference number for tracking purposes is: N015417-061624
You have requested the following records: To Whom It May Concern:

Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:

1. Provide a list or records regarding all grievance settlements including settlement amounts, union, date grievance filed, school (if applicable), date grievance settled, and contract issues of grievance from January 1, 2024 to current.

2. Provide a list or records regarding all grievances in arbitration including union, date grievance filed, date arbitration started, school (if applicable) and contract issues of grievance from January 1, 2024 to current.

3. Provide a total list of all grievances filed including union, date grievance filed, school (if applicable) and contract issues of grievance from January 1, 2024 to current.

Because this request is in the public interest for Illinois nonprofit The FOIA Bakery’s work to advocate for public education, please waive any fees in accordance with 5 ILCS § 140/6(c). Feel free to contact me with any questions, or if clarification is needed.

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,

Miriam Bhimani

Upload documents directly: https://www.muckrock.com/

Chicago Public Schools (CPS) responds to all public records requests in accordance with the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq.
Due to the volume and complexity of requests received in the normal course of business, CPS is extending the time for its initial response to your request by an additional 5 business days (to 10 business days total beginning on the first business day following receipt of the request) pursuant to 5 ILCS 140/3(e)(v) which allows for the examination and evaluation of the requested records by personnel to determine if they are exempt from disclosure under Section 7 of Illinois FOIA or should be revealed only with appropriate deletions.
Upon the completion of a response, CPS will provide the first 50 pages to you at no charge.  If a response is more than 50 pages, a fee of 15¢ per page will be charged for each additional page. Copies of video recordings have a fee of $48. All applicable fees must be paid prior to the copying. CPS will inform you of any fees due if your paper response exceeds 50 pages. You can monitor the progress of your request at the link below and you’ll receive an email when your request has been completed. Thank you for using the CPS FOIA Center.

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06/18/2024

Miriam Bhimani
MuckRock News, DEPT MR165183 263 Huntington Ave
Boston MA 02115

RE: Chicago Public Schools FOIA Request N015417-061624 Dear Miriam: Thank you again for using the Chicago Public Schools FOIA Center. Under the Freedom of Information Act, a public body may extend the time to respond to a FOIA request by up to 5 business days for a limited number of reasons. 5 ILCS 140/3(e). We are extending the time to respond to your request by 5 business days for one or more of the following reason(s): (  ) the requested records are stored in whole or in part at other locations than the office having charge of the requested records;
( )  the request requires the collection of a substantial number of specified records;
( ) the request is couched in categorical terms and requires an extensive search for the records responsive to it;
( ) the requested records have not been located in the course of routine search and additional efforts are being made to locate them;
(x) the requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under Section 7 of this Act or should be revealed only with appropriate deletions;
(x) the request for records cannot be complied with by the public body within the time limits prescribed by 5 ILCS 140/3 (c) without unduly burdening or interfering with the operations of the public body;
( x) there is need for consultation, which shall be conducted with all practicable speed, with another public body or among two or more components of a public body having a substantial interest in the determination or in the subject matter of the request. Sincerely, Ana Diaz
Freedom of Information Act Officer Chicago Public Schools

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July 1, 2024 Miriam Bhimani RE: Chicago Public Schools FOIA Request N015417-061624 Dear Miriam Bhimani: This letter is in reply to your Freedom of Information Act (FOIA) request seeking the following information: 1. Provide a list or records regarding all grievance settlements including settlement amounts, union, date grievance filed, school (if applicable), date grievance settled, and contract issues of grievance from January 1, 2024 to current. RESPONSE: The CPS FOIA Office conducted a search with the Law Office and there are no responsive documents as per your request.
2. Provide a list or records regarding all grievances in arbitration including union, date grievance filed, date arbitration started, school (if applicable) and contract issues of grievance from January 1, 2024 to current.
RESPONSE : The CPS FOIA office reviewed your request and has determined that it is categorical in nature as it does not reasonably identify a document for search, and the collection of this information would require the District to create records. Specifically, the CPS does not comprehensively track the requested information in the manner requested, in the normal course of business. As such fulfilling this request would be considered creating records which is not required pursuant to the FOIA. Specifically, in order to comply with your request, each and every file would have to be pulled and all the portions of information you have requested would have to be searched for. Essentially, a new record would have to be created. This process is not required according to guidance provided by 5 ILCS 140/2(c). 5 ILCS 140/1, Kenyon v. Garrels, 184 Ill. App. 3d 28, 32 (4 th Dist. 1989), and Yeager v. Drug Enforcement Admin., 678 F. 2d 315, 321 (D.C. Cir. 1982). Additionally, under Illinois FOIA law, a request to inspect or copy a record must reasonably identify a public record, as opposed to general data, information or statistics to be gleaned from documents which have not otherwise been created by a public body. Accordingly, FOIA applies to the provision of existing public records; a public body is not required to answer questions or generate new records in response to a FOIA request. Further, Section 1 of the FOIA states in part: "This Act is not intended to create an obligation on the part of any public body to maintain or prepare any public record which was not maintained or prepared by such public body at the time when this Act becomes effective, except as otherwise required by applicable local, State or federal law." In accordance with Section 1 of Illinois FOIA, the District is not required to conduct research to answer questions or prepare researched records in response to a specific query [5 ILCS 140/1].
3. Provide a total list of all grievances filed including union, date grievance filed, school (if applicable) and contract issues of grievance from January 1, 2024 to current. RESPONSE : Documents responsive to your request are available to download via the CPS FOIA Center at www.cps.edu/FOIARequests . Please log in with your username and password to access the records. The records provided include all grievances received by the Office of Administrative Hearings only. As to the remainder of all other potentially responsive data, the CPS FOIA office has determined that it is categorical in nature as it does not reasonably identify a document for search, and the collection of this information would require the District to create records. Specifically, the CPS does not comprehensively track the requested information in the manner requested, in the normal course of business. As such fulfilling this request would be considered creating records which is not required pursuant to the FOIA. Specifically, in order to comply with your request, each and every file would have to be pulled and all the portions of information you have requested would have to be searched for. Essentially, a new record would have to be created. This process is not required according to guidance provided by 5 ILCS 140/2(c). 5 ILCS 140/1, Kenyon v. Garrels, 184 Ill. App. 3d 28, 32 (4 th Dist. 1989), and Yeager v. Drug Enforcement Admin., 678 F. 2d 315, 321 (D.C. Cir. 1982). Additionally, under Illinois FOIA law, a request to inspect or copy a record must reasonably identify a public record, as opposed to general data, information or statistics to be gleaned from documents which have not otherwise been created by a public body. Accordingly, FOIA applies to the provision of existing public records; a public body is not required to answer questions or generate new records in response to a FOIA request. Further, Section 1 of the FOIA states in part: "This Act is not intended to create an obligation on the part of any public body to maintain or prepare any public record which was not maintained or prepared by such public body at the time when this Act becomes effective, except as otherwise required by applicable local, State or federal law." In accordance with Section 1 of Illinois FOIA, the District is not required to conduct research to answer questions or prepare researched records in response to a specific query [5 ILCS 140/1]. To the extent you consider this a denial, pursuant to 5 ILCS 140/9.5(a) you may file a Request for Review with the Public Access Counselor (PAC) at: Public Access Counselor; Office of the Attorney General; 500 South 2nd Street; Springfield, IL 62706. You also have the right to seek judicial review of your denial by filing a lawsuit in the State circuit court, 5 ILCS 140/11. If you choose to file a Request for Review with the PAC, you must do so within 60 calendar days of the date of this denial letter. 5 ILCS 140/9.5(a). Please note that you must include a copy of your original FOIA request and this denial letter when filing a Request for Review with the PAC. If you have any questions, please contact our office at (773) 553-3500.
Thank you for your request. Sincerely,
Ana Diaz Freedom of Information Act Officer Chicago Public Schools