OHIO DEPARTMENT OF EDUCATION SUBPOENA'S SCHOOL EMPLOYEES

The News-Herald reported yesterday that the Ohio Department of Education (ODE) subpoena'd information from the Kirtland Schools. We understand the ODE may be looking deeper and may have subpoena'd a number of individuals - at least one currently working at the Lake County Educational Service Center (LCESC).

Kudos to the ODE in this particular instance. We believe the ODE hasn't always scrutinized such matters and we are glad in this case they don't appear to be turning a blind eye.

A former Kirtland employee, is quoted in the article that follows, indicating he didn't believe things were always done in the best interests of the children. This is very disconcerting.

We hope this is fully investigated on all levels to better understand why this matter couldn't have been reported earlier by school employees (who apparently were aware) rather than having to wait what appears to be years until a parent group finally filed a complaint.

We also wonder why a number of these employees who work at the Kirtland School District are employeed by the Lake County Educational Service Center - both the current and former special education director - instead of Kirtland directly hiring these individuals?

Also did this matter not get reported because school district employees are a tight community and protect their own, employees who knew were scared, or simply because the allegations lacked merit? We don't know - but if any children were denied an appropriate education - this would indeed be very unfortunate and appropriate steps need to be taken.

We copy the article in its entirety so you can form your own judgment.

"By Sandra M. Klepach
SKlepach@News-Herald.com

At least one subpoena has been issued by the Ohio Department of Education's Office of Professional Conduct in response to complaints filed in mid-July by a group of Kirtland parents and guardians.

School Board Member Julie Sohngen said a letter delivered to the board office Tuesday implores her to send related documentation to Columbus by early October.

"I'm not being asked to come to Columbus; they just wanted documentation, basically," she said.

"To me it's just an ongoing investigation, and they're just gathering more data to try to figure out what's going on."

Superintendent Stan Lipinski declined to comment on the subpoena or whether anyone else in the district had received one.

"Because this investigation could be the subject of future litigation, it would be inappropriate for myself or anyone within the School District to make any comments at this time," he said.

"That is the only way to do these things fairly, honestly and professionally."

The Office of Professional Conduct only comments on probes that result in discipline, so it wouldn't reveal which of the four submitted complaints have called for subpoenas.

Filed by 16 parents and guardians, the complaints claim that School Board President Robert Schenosky received tutoring services for his child last school year while two eligible children were denied, and that the district deliberately violates the Americans with Disabilities Act. Schenosky denies any wrongdoing, and a related board investigation was not formally concluded, Sohngen said.

What is known is a state investigator spent Aug. 25 and 26 in Kirtland, interviewing two current or former board members, including Sohngen, five current or former educators, and 10 parents or guardians, said Tom Christopher, a complaint signatory and co-chair of the Kirtland Education Council.

Among them, Harry Siskind, 13-year principal of Kirtland Middle School who retired in June 2007, alleges that Lipinski told administrators to "work out of students' IEP's" inclusion services — the step between a separate classroom and completely unaided inclusion — going into the 2004-05 school year, then cut special needs instructional staff.

An IEP, or individualized education program, is a unique list of education goals and plans for a child with learning difficulties.

Now director of special services at Lake County Educational Service Center, Siskind had not received a subpoena by Wednesday morning, his wife said. But "if I'm subpoenaed to make statements of course I will," he said. "Unfortunately at times things were done that were not in the best interest of the students. I got a lot of facts."

What it means

Subpoenas don't verify any particular stage of an investigation, ODE spokesman Scott Blake said.

"We have pretty broad subpoena power, so we can subpoena for interviews, for hearings, for records," Blake said. "It's one of the tools we have for our investigative process. Do we always use them? Well no, sometimes we call someone and say, 'We want to talk to you,' and they come. If we call someone and they won't come, or we really want their records, then we may use a subpoena."

Sohngen said she will not violate students' privacy laws, and has consulted her own attorney for good measure.

"I want the state to get the information they need to help us figure out how to do things better, or if we're not doing things right tell us how to fix them, but I don't want to violate anyone's privacy," she said.

Also, recipients of the parents' complaints, the Ohio Ethics Commission cannot predict its investigation timeline, but the U.S. Department of Education's Office for Civil Rights opened a case Aug. 12 into allegations of a five-year violation of section 504 of the Rehabilitation Act of 1973, prohibiting discrimination on the basis of disability in programs or activities that receive federal financial assistance.

Christopher said evidence clearly proves the administration failed to meet these responsibilities for its roughly 140 students with disabilities.

"More concerning is the evidence which suggests these breaches were willful and deliberate," he said. "As a Kirtland business owner, taxpayer and resident, I am simply appalled at what has come out and feel very badly for these families. I cannot imagine how it got this bad. Where was the oversight? It is time to fix this and do right by the disabled children of Kirtland."

Kirtland School Board holds its next meeting at 7 p.m. Monday in the high school LGI room. Kirtland Education Council, a parent advocacy group not directly affiliated with the complaints, meets at 7 p.m. Oct. 7 at the Old South Church United Church of Christ, 9802 Chillicothe Road. The public is welcome to both meetings."

As always you can contact us at carecommitteepac@yahoo.com.