CPS: Investigative Memos #4

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: N015305-051924
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:

Supply the Investigative Memoranda with the following File Numbers:

Investigative Memorandum #9509
Investigative Memorandum #9510
Investigative Memorandum #9511
Investigative Memorandum #9512
Investigative Memorandum #9513
Investigative Memorandum #9514
Investigative Memorandum #9515
Investigative Memorandum #9516
Investigative Memorandum #9517
Investigative Memorandum #9518

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.

Track the issue status and respond at: https://cps.mycusthelp.com/WEBAPP//_rs/RequestEdit.aspx?rid=15305

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05/20/2024

Miriam Bhimani
MuckRock News, DEPT MR164008 263 Huntington Ave
Boston MA 02115

RE: Chicago Public Schools FOIA Request N015305-051924 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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06/05/2024 Miriam Bhimani
Dear Miriam: RE: Chicago Public Schools FOIA Request N015305-051924 Thank you again for using the Chicago Public Schools FOIA Center. We are writing regarding your Freedom of Information Act Request for the following records: To Whom It May Concern:

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

Supply the Investigative Memoranda with the following File Numbers:

Investigative Memorandum #9509
Investigative Memorandum #9510
Investigative Memorandum #9511
Investigative Memorandum #9512
Investigative Memorandum #9513
Investigative Memorandum #9514
Investigative Memorandum #9515
Investigative Memorandum #9516
Investigative Memorandum #9517
Investigative Memorandum #9518

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/ If agreed, we will respond by end of business day 6/20/24. Please note that the CPS FOIA Office is still gathering responsive documents and we are working diligently on fulfilling your request. If you have any questions, please feel free to contact me. Thank you, Ana Diaz Freedom of Information Act Officer Chicago Public Schools

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06/20/2024 Miriam Bhimani
Dear Miriam: RE: Chicago Public Schools FOIA Request N015305-051924 Thank you again for using the Chicago Public Schools FOIA Center. We are writing regarding your Freedom of Information Act Request for the following records: To Whom It May Concern:

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

Supply the Investigative Memoranda with the following File Numbers:

Investigative Memorandum #9509
Investigative Memorandum #9510
Investigative Memorandum #9511
Investigative Memorandum #9512
Investigative Memorandum #9513
Investigative Memorandum #9514
Investigative Memorandum #9515
Investigative Memorandum #9516
Investigative Memorandum #9517
Investigative Memorandum #9518

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/ If agreed, we will respond by end of business day 7/6/24. Please note that the CPS FOIA Office is still gathering responsive documents and we are working diligently on fulfilling your request. If you have any questions, please feel free to contact me. Thank you, Ana Diaz Freedom of Information Act Officer Chicago Public Schools

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July 5, 2024 Miriam Bhimani Miriam.bhimani@gmail.com RE: Chicago Public Schools FOIA Request N015305-051924 Dear Miriam Bhimani: This letter is in reply to your Freedom of Information Act (FOIA) Request seeking the following information:
Supply the Investigative Memoranda with the following File Numbers:
Investigative Memorandum #9514 RESPONSE: There are no responsive records as per your request as an investigation was not conducted.
Investigative Memorandum #9510
Investigative Memorandum #9511 RESPONSE: The information requested is exempt pursuant to Section 7(1)(c) of the FOIA. Section 7(1)(c) of the FOIA exempts from release “[p]ersonal information contained within public records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. “Unwarranted invasion of personal privacy” means the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject’s right to privacy outweighs the legitimate public interest in obtaining the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy.”  5 ILCS 140/7(1)(c). Additionally, Section 7(1)(a) exempts from release “[i]nformation specifically prohibited from disclosure by federal or State law”. 5 ILCS 140/7(1)(a). Correspondingly, the Illinois School Code prohibits the release of background check information in providing that “[a]ny information concerning the record of convictions” obtained by the District “shall be confidential” 105 ILCS 5/34-18.5(b). Investigative Memorandum #9509
Investigative Memorandum #9512
Investigative Memorandum #9513
Investigative Memorandum #9515
Investigative Memorandum #9516
Investigative Memorandum #9517
Investigative Memorandum #9518 RESPONSE: Documents responsive to your FOIA request are available to download via the Chicago Public Schools FOIA Center. Please visit the following link and enter your username and password to access the records: http://cps.edu/About_CPS/Departments/Law/Pages/FOIARequest.aspx . Under the rules of FOIA, private information and unique identifiers contained within public records are exempt from public disclosure; those portions have been redacted including private phone numbers, and other highly personal information. Pursuant to 5 ILCS 140/7 (1)(b), “Private information, unless disclosure is required by another provision of this Act, a State or federal law or a court order,” and pursuant to 5 ILCS 140/7(1)(c), “Personal information contained within public records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. “Unwarranted invasion of personal privacy” means the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject’s right to privacy outweighs the legitimate public interest in obtaining the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy. Redacted is private information and unique identifiers contained within public records that could identify or de-identify a student pursuant to 5 ILCS 140/7 (1)(b) and 5 ILCS 140/7(1)(c) (quoted above). Student records are exempt from disclosure pursuant to 5 ILCS 140/7.5(r) Information prohibited from being disclosed by the Illinois School Student Records Act. Additionally, identifiable student information included within records are exempt from disclosure pursuant to 5 ILCS 140/7.5(r) in accordance with Illinois Student Records Act (ISSRA). ISSRA prohibits the disclosure of “school student records” and defines a “school student record” as “any writing or other recorded information concerning a student and by which a student may be individually identified, maintained by a school or at its direction or by an employee of a school, regardless of how or where the information is stored. 105 ILCS 10/(d): Release of a minor’s record may only be authorized by the parent or guardian in accordance with the Illinois student Records Act (105 ILCS 10/1 et seq.). Pursuant to 20 U.S. Code § 1232g (b)(1) and (b)(2)(A): The parent or eligible student shall provide a signed and dated written consent before an educational agency or institution discloses personally identifiable information from the student’s education records, except as provided in §99.31. (b) The written consent must: (1) Specify the records that may be disclosed; (2) State the purpose of the disclosure; and (3) Identify the party or class of parties to whom the disclosure may be made. Furthermore, documents have been redacted pursuant 5 ILCS 140/7(1)(a): Information specifically prohibited from disclosure by federal or State law or rules and regulations implementing federal or State law. Section 11 of the Abused and Neglected Child Reporting Act prohibits the release of portion of records you seek. Specifically, Section 11 states that “All records concerning reports of child abuse and neglect or records concerning referrals under this Act and all records generated as a result of such reports or referrals, shall be confidential and shall not be disclosed except as specifically authorized by this Act or other applicable law. It is a Class A misdemeanor to permit, assist, or encourage the unauthorized release of any information contained in such reports, referrals or records.” (325 ILCS 5/11). Lastly, records have been redacted pursuant to Section 7(1)(d)(iv) which allows a public to withhold records/information that would unavoidably reveal the identify of a complainant or witness. In case of 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 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