IDEA implementation in the Cincinnati Public Schools LEA

This responds to an Ohio Public Records Request from April 2020. CPS
responded in July 2020. See below.
Respectfully,
Daniel Hoying

---------- Forwarded message ---------
From: Daniel Hoying <Hoyingd@cpsboe.k12.oh.us>
Date: Tue, Jul 21, 2020 at 5:14 PM
Subject: Re: Fwd: FOIA Request
To: Olson Tom <tomolson@theadac.com>
Cc: Kathleen Crable <Crablek@cpsboe.k12.oh.us>

Tom:

Here is a response to your request for records related to disability
services in the District. Initially, the District objects to the request
in that the Ohio Public Records Act requires the District to produce
records in the possession of the District. The District is not required to
gather or compile data in response to a public records request.
Notwithstanding the objection, I attach records responsive to your request.

(1) *Child Find *The District only conducts Child Find evaluations for
students who are in private or parochial schools. CPS does not refer to
evaluations of its own students as "child find." Rather, if a parent or
teacher suspects that a student has a disaiblity, the District requests
consent of the parent to conduct an evaluation. Community (or charter)
school students in Ohio are responsible for conducting their own
evaluations of students with disabilities. The District is responsible for
conducting evaluations of home schooled students -- but has conducted less
than one per year over the past five years.

I attach a spreadsheet describing the child find evaluations that have been
conducted of private and parochial school students over the past five
years. Student names, numbers, and dates of birth are redacted.

(2) *Evaluations -- * See my response above. The child find chart also
includes the number of evaluations conducted and indicates the number of
students determined to have a diability or not.

I can also provide you information on the number of initial and
reevaluations conducted of CPS (public school) students over the past three
years. (CPS implemented a different software system three years ago, and I
do not have data before that change.)

2017 Initial ETR: 1,645

2017 Reevaluation ETR: 2,532

2018 Initial ETR: 1,670

2018 Reevaluation ETR: 2,466

2019 Initial ETR: 1,493

2019 Reevaluation ETR: 2,425

(3) *Determined to have a Disability* -- Data regarding the number of
students identified with a disability reported annually to the Department
of Education for every school in Ohio. I attach a spreadsheet with the
number of students with a disability at CPS for the last five years. This
information is publicly available for all Ohio schools on ODE's website:
https://reportcard.education.ohio.gov/advanced

(4) *Number of Students Served* -- CPS serves all students who have been
identified with a disability except when a parent elects to decline
services. The number of families who have completely declined services
within CPS is very low -- again, less than one per year. Private school
students are served with a service plan. Charter schools in Ohio are
required to provide services to students with disabilities.

Thank you for your interest in Cincinnati Public Schools.

Very truly yours,

Daniel Hoying

Daniel J. Hoying
General Counsel
Cincinnati Public Schools
Education Center
2651 Burnet Avenue
Cincinnati, Ohio 45219
Hoyingd@cpsboe.k12.oh.us
cell - (513) 203-9469
office - (513) 363-0114
www.cps-k12.org

The information contained in this message is intended for confidential use
and may be protected by the attorney-client privilege. Recipients should
not file copies of this e-mail with publicly accessible records. Please
immediately reply to the sender of this email if you have received it in
error. Thank you.

>>> Daniel Hoying 7/16/2020 5:39 PM >>>
Tom,
I apologize for the delay, and I appreciate your understanding as we have
had some unexpected delays in responding to public records requests based
on the COVID.

I have received some of the records responsive to your request. I followed
up with our students with disabilities department and requested that they
prioritize getting me the rest. I anticipate having a response very
shortly.

Thank you for your patience,

Dan

Daniel J. Hoying
General Counsel
Cincinnati Public Schools
Education Center
2651 Burnet Avenue
Cincinnati, Ohio 45219
Hoyingd@cpsboe.k12.oh.us
cell - (513) 203-9469
office - (513) 363-0114
www.cps-k12.org

The information contained in this message is intended for confidential use
and may be protected by the attorney-client privilege. Recipients should
not file copies of this e-mail with publicly accessible records. Please
immediately reply to the sender of this email if you have received it in
error. Thank you.

>>> Tom Olson <tomolson@theadac.com> 7/16/2020 3:42 PM >>>
Hi Dan,

Great to touch base with you via phone. Thanks for the time.

As I mentioned, I'm following up with you about my FOIA request re. IDEA
implementation.

If you have any questions, feel free to reach out to me via email or my
personal cell -- (774) 364-0567.

Thanks, again!

--Tom

---------- Forwarded message ---------
From: Tom Olson <tomolson@theadac.com>
Date: Wed, Jul 1, 2020 at 5:33 PM
Subject: Re: FOIA Request
To: Daniel Hoying <Hoyingd@cpsboe.k12.oh.us>
Cc: Kathleen Crable <Crablek@cpsboe.k12.oh.us>, media <
media@cpsboe.k12.oh.us>

Hi Dan,

I am following up on our previous communications.

As detailed in the forwarded emails below, on May 20 you were checking with
your team in preparation of sending to me a response to my Ohio Open
Records Law request, which I first submitted on April 13, 2020.

Please advise as to status.

Thank you.

--Tom

On Wed, May 20, 2020 at 10:42 AM Tom Olson <tomolson@theadac.com> wrote:

> Hi Dan,
>
> Thank you for your quick reply. I will await your response.
>
> Hope you and your team are doing OK!
>
> --Tom
>
> On Wed, May 20, 2020 at 10:25 AM Daniel Hoying <Hoyingd@cpsboe.k12.oh.us>
> wrote:
>
>> Mr. Olson,
>> I spoke with our team yesterday, and we are working on providing a
>> response.
>> I will respond as quickly as I can.
>> Thank you,
>> Dan
>>
>> Daniel J. Hoying
>> General Counsel
>> Cincinnati Public Schools
>> Education Center
>> 2651 Burnet Avenue
>> Cincinnati, Ohio 45219
>> Hoyingd@cpsboe.k12.oh.us
>> cell - (513) 203-9469
>> office - (513) 363-0114
>> www.cps-k12.org
>> The information contained in this message is intended for confidential
>> use and may be protected by the attorney-client privilege. Recipients
>> should not file copies of this e-mail with publicly accessible records.
>> Please immediately reply to the sender of this email if you have received
>> it in error. Thank you.
>> >>> Tom Olson <tomolson@theadac.com> 5/20/2020 10:18 AM >>>
>> Dear Dan,
>>
>> I am following up on your email dated May 14. I kindly request that you
>> provide an update on the status of my request.
>>
>> Thank you.
>>
>> --Tom
>>
>
> On Thu, May 14, 2020 at 4:45 PM Daniel Hoying <Hoyingd@cpsboe.k12.oh.us>
>> wrote:
>>
>>> Mr. Olson,
>>> This confirms receipt of your request. I will follow up and find out
>>> what information we have to respond to your request.
>>> Thank you,
>>> Dan
>>>
>>> Daniel J. Hoying
>>> General Counsel
>>> Cincinnati Public Schools
>>> Education Center
>>> 2651 Burnet Avenue
>>> Cincinnati, Ohio 45219
>>> Hoyingd@cpsboe.k12.oh.us
>>> cell - (513) 203-9469
>>> office - (513) 363-0114
>>> www.cps-k12.org
>>> The information contained in this message is intended for confidential
>>> use and may be protected by the attorney-client privilege. Recipients
>>> should not file copies of this e-mail with publicly accessible records.
>>> Please immediately reply to the sender of this email if you have received
>>> it in error. Thank you.
>>> >>> Tom Olson <tomolson@theadac.com> 5/13/2020 5:27 PM >>>
>>> To whom it may concern,
>>> I am following up on my FOIA request, which I filed back on April 13,
>>> 2020 via Muckrock (https://www.muckrock.com).
>>> The 10-day period during which time the law requires you to respond to
>>> my request has elapsed. Thus, I am respectfully requesting ASAP an update
>>> on the status of my request. My personal information and request are as
>>> follows:
>>> *My full name:* Thomas Majors Olson
>>> *My phone number: *(774) 364-0567
>>> *My mailing address:* PO Box 884, Ogunquit, Maine 03907
>>> *My request is as follows: *
>>> To Whom It May Concern:
>>> Pursuant to the Ohio Open 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 Ohio must provide to the Ohio 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 Cincinnati Public
>>> Schools who have been referred to child-find.
>>> • The total number of charter school students in the Cincinnati Public
>>> Schools who have been referred to child-find.
>>> • The total number of home-schooled students in the Cincinnati Public
>>> Schools who have been referred to child-find.
>>> • The total number of private school students in the Cincinnati Public
>>> Schools LEA who have been referred to child-find.
>>> __
>>> • The total number of public school students in the Cincinnati Public
>>> Schools who have been evaluated for disability(s).
>>> • The total number of charter school students in the Cincinnati Public
>>> Schools who have been evaluated for disability(s).
>>> • The total number of home-schooled students in the Cincinnati Public
>>> Schools who have been evaluated for disability(s).
>>> • The total number of private school students in the Cincinnati Public
>>> Schools LEA who have been evaluated for disability(s)
>>> __
>>> • The total number of public school students in the Cincinnati Public
>>> Schools who have been determined to have a disability(s).
>>> • The total number of charter school students in the Cincinnati Public
>>> Schools who have been determined to have a disability(s).
>>> • The total number of home-schooled students in the Cincinnati Public
>>> Schools who have been determined to have a disability(s).
>>> • The total number of private school students in the Cincinnati Public
>>> Schools LEA who have been determined to have a disability(s).
>>> __
>>> • The total number of public school students in the Cincinnati Public
>>> Schools who have been served.
>>> • The total number of charter school students in the Cincinnati Public
>>> Schools who have been served.
>>> • The total number of home-schooled students in the Cincinnati Public
>>> Schools who have been served.
>>> • The total number of private school students in the Cincinnati Public
>>> Schools LEA who have been served.
>>> Under Sections 611 and 619 of IDEA, the Ohio 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 Cincinnati 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
>>>
>>> --
>>> *Tom Olson*
>>> *Pri**ncipal Partner*
>>> *774.364.0567*
>>> tomolson@theadac.com
>>> *www.theadac.com <http://www.theadac.com>*
>>> [image: Low resolution logo.png]
>>> ------------------------------
>>> *WARNING: This is an Internet email from outside of Cincinnati Public
>>> Schools. Do not click links or open attachments unless you recognize the
>>> sender and know the content is safe. ------------------------------ *
>>>
>>
>>
>> --
>> *Tom Olson*
>> *Pri**ncipal Partner*
>> *774.364.0567*
>> tomolson@theadac.com
>> *www.theadac.com <http://www.theadac.com>*
>> [image: Low resolution logo.png]
>> <HR><B>WARNING: This is an Internet email from outside of Cincinnati
>> Public Schools.<BR>
>>
>> <B> Do not click links or open attachments unless you recognize the
>> sender and know the content is safe.</B>
>> <HR>
>>
>
>
> --
> *Tom Olson*
> *Pri**ncipal Partner*
> *774.364.0567*
> tomolson@theadac.com
> *www.theadac.com <http://www.theadac.com>*
> [image: Low resolution logo.png]
>

--
*Tom Olson*
*Pri**ncipal Partner*
*774.364.0567*
tomolson@theadac.com
*www.theadac.com <http://www.theadac.com>*
[image: Low resolution logo.png]

--
*Tom Olson*
*Pri**ncipal Partner*
*774.364.0567*
tomolson@theadac.com
*www.theadac.com <http://www.theadac.com>*
[image: Low resolution logo.png]
------------------------------
*WARNING: This is an Internet email from outside of Cincinnati Public
Schools. Do not click links or open attachments unless you recognize the
sender and know the content is safe. ------------------------------ *

--
*Daniel J. Hoying*
General Counsel
Cincinnati Public Schools
PO Box 5381
Cincinnati, Ohio 45201

Education Center -- 2651 Burnet Avenue, Cincinnati, Ohio 45219

hoyingd@cpsboe.k12.oh.us
(513) 363-0114 (direct)
(513) 363-0111 - (Office of General Counsel)