IDEA implementation in the Denver Public Schools LEA

To Whom It May Concern:

Pursuant to the Colorado 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 Colorado must provide to the Colorado 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 Colorado 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 Denver Public Schools LEA who have been referred to child-find.
• The total number of charter school students in the Denver Public Schools LEA who have been referred to child-find.
• The total number of home-schooled students in the Denver Public Schools LEA who have been referred to child-find.
• The total number of private school students in the Denver Public Schools LEA who have been referred to child-find.
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• The total number of public school students in the Denver Public Schools LEA who have been evaluated for disability(s).
• The total number of charter school students in the Denver Public Schools LEA who have been evaluated for disability(s).
• The total number of home-schooled students in the Denver Public Schools LEA who have been evaluated for disability(s).
• The total number of private school students in the Denver Public Schools LEA who have been evaluated for disability(s)
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• The total number of public school students in the Denver Public Schools LEA who have been determined to have a disability(s).
• The total number of charter school students in the Denver Public Schools LEA who have been determined to have a disability(s).
• The total number of home-schooled students in the Denver Public Schools LEA who have been determined to have a disability(s).
• The total number of private school students in the Denver Public Schools LEA who have been determined to have a disability(s).
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• The total number of public school students in the Denver Public Schools LEA who have been served.
• The total number of charter school students in the Denver Public Schools LEA who have been served.
• The total number of home-schooled students in the Denver Public Schools LEA who have been served.
• The total number of private school students in the Denver Public Schools LEA who have been served.

Under Sections 611 and 619 of IDEA, the Colorado 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 Denver Public Schools.

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 3 business days, as the statute requires.

Sincerely,

Thomas Olson

Dear Stacey,

Thank you for your message and the accompanying data.

In your message, you wrote, "We do not have a document responsive to the break down by where a student attends school and under CORA we are not required to create a document."

In contradistinction to what you wrote and as I indicated in my original request, 34 C.F.R, § 300.132(c) does in fact require LEAs to maintain disaggregated records regarding where students who are referred, evaluated, determined to have a disability(s), and served under IDEA attend school. Cf. https://www.law.cornell.edu/cfr/text/34/300.132

If your office cannot fulfill this request, then please advise as to the reason. Please also advise as to which agency/office in the State might be able to fulfill my request. Thank you.

--Tom