Welcome to Pickaway County Board of Developmental Disabilities

Welcome to the Pickaway County Board of Developmental Disabilities Website! PCBDD serves qualifying individuals with developmental disabilities from birth through life, and offers a variety of services based on eligibility and need. Services are primarily provided through Early Intervention, Service and Support Administration, or the Brooks-Yates School. Click the following links to find out more about the history of PCBDD, employment opportunities, our bill of rights, and how we can help you, click here.

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Next Board Meeting:
August 28, 2014  6:30 PM
PCBDD Administration Offices Conference Room
200 E. High St.
Circleville, OH 43113

 

Pickaway County Board of Developmental Disabilities 2014 Special Olympics

 

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Notice to Parents from Federal Court about the Opportunity to Object to the Release of Educational Data

8/21/2014

INFORMATION FOR PARENTS CONCERNING DATA RELEASE

A U.S. District Court has ordered that 2013-2014 school-year records from the Ohio Department of Education’s Educational Management Information System be turned over to Disability Rights Ohio as part of an ongoing lawsuit.

Under the Family Education Rights and Privacy Act, families of students whose data will be released must be notified and given the opportunity to object. The court is instructing all local education agencies to post notice about this opportunity to object on your district website and in a central location, accessible to the public, in each building that is open to the public.

A copy of the notice – which includes instructions on how parents may object to the data release – can be found here. The court must receive objections no later than Sept. 12.

Students’ names, addresses and social security numbers are not part of the information to be released. Ohio is one of only three states that do not allow their departments of education to collect this data, to protect student privacy.

Data to be released for each student include student ID number, school name, grade, gender, race, age and disability category. The records also reveal student performance on the state’s Ohio Achievement Assessments and Ohio Graduation Tests, as well as tests related to Ohio’s Third Grade Reading Guarantee. Student suspensions and expulsions also are listed.

The data is subject to a protective order, which means Disability Rights Ohio cannot publicize it.

{00119793-2}

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

JOHN DOE, et al., : CASE NO.: 2:91-cv-00464

:

Plaintiffs, : JUDGE: WATSON

:

vs., : MAGISTRATE JUDGE: KEMP

:

STATE OF OHIO, et al. :

:

Defendants. :

NOTICE TO PARENTS AND/OR GUARDIANS FROM FEDERAL COURT REGARDING RELEASE OF EDUCATIONAL INFORMATION HELD BY THE OHIO DEPARTMENT OF EDUCATION:

This is a message from the U.S. District Court in the case identified above. This notice may apply to you if you are a student or the parent or guardian of a student enrolled in an Ohio public school since 2013.

The purpose of this notice is to inform you that, as part of a lawsuit related to funding for special education, a request has been made to the Ohio Department of Education for educational information regarding individual Ohio public school students. The purpose of this notice is to inform you about the request, about the information to be disclosed, and about your right to object to the disclosure of the information.

The information that will be provided includes data for all Ohio students attending a school district or community school for the 2013/2014 school year. Some examples of the types of data include: a student identifying number; demographic information, such as school, grade, gender, race, age, and disability category; attendance statistics; information on suspensions and expulsions; and results on state tests such as the Ohio Graduation Tests, the Ohio Achievement Assessments, and the Third Grade Reading Guarantee. Your student’s name, address, and

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social security number will not be disclosed because the Ohio Department of Education does not possess that information. Once disclosed, the information is protected by an order of the court, and cannot be used for any purpose other than this litigation. No information will be disclosed beyond the participants in the litigation in a way that allows an individual student to be identified.

LAWSUIT AND REQUEST FOR EDUCATIONAL INFORMATION BY PLAINTIFFS

Disability Rights Ohio, a not-for-profit organization that represents persons with disabilities, has filed a class action lawsuit against the State of Ohio for a class consisting of all disabled students in Ohio public schools and disabled students seeking enrollment in Ohio public schools. The lawsuit challenges the way that Ohio funds the provision of special education services and other related services.

As part of the lawsuit, Plaintiffs have requested that the Ohio Department of Education disclose information that it stores in the Educational Management Information System, or "EMIS," which is a statewide data collection system for Ohio's primary and secondary education. Examples of EMIS data includes student statewide identifiers (SSID); demographic information, such as school, grade, gender, race, age, and disability category; attendance statistics; information on suspensions and expulsions; and results on state tests such as the Ohio Graduation Tests, the Ohio Achievement Assessments, and the Third Grade Reading Guarantee. EMIS does not include students’ names, addresses, or social security numbers.

The Court presiding over this matter has determined that some or all of the information that the Plaintiffs seek from EMIS may be relevant to the claims and defenses in this lawsuit and has ordered the Ohio Department of Education to provide this information to Plaintiffs. However, under the Family Educational Rights and Privacy Act

Case: 2:91-cv-00464-MHW-TPK Doc #: 274-2 Filed: 08/13/14 Page: 2 of 4 PAGEID #: 6332 {00119793-2} 3

("FERPA"), a federal law relating to education records, and under Ohio law, the information sought by Plaintiffs is confidential and generally cannot be disclosed without the permission of the person who the information is about. Education information that is protected by FERPA may, however, be disclosed without permission under Court Order. Before educational information may be released, affected students and parents must be provided notice that the information will be disclosed and be allowed an opportunity to object to the disclosure of such information.

CONSENT AND OPPORTUNITY TO OBJECT

If you do not object to the disclosure of information described above, you do not have to do anything.

If you object to the disclosure of information described above and you want to inform the Judge of your objection, you must do all of the following:

1. Write a letter to the Judge telling him what you object to;

2. On the first page of your letter, write in large or underlined letter: "OBJECTIONS TO DISCLOSURE OF FERPA INFORMATION IN DOE V. STATE, Case No. 91-464."

3. Mail your letter to:

Clerk’s Office: Judge Watson’s Docket

U.S. Courthouse

85 Marconi Boulevard

Columbus, Ohio 43215

A parent or guardian may object on behalf of a minor student, but must state in the objection the relationship that he or she has with the affected minor student.

DO NOT CALL THE COURT. THE COURT WILL NOT ACCEPT PHONE CALLS ABOUT THIS MATTER. YOU MUST SUBMIT YOUR OBJECTIONS IN

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WRITING.

You may also include your contact information such that the Court or the parties’ counsel may contact you to discuss your concerns.

Objections must be received no later than September 12, 2014. All objections will be maintained by the Court under seal, which means they will not be available to the public, but they will be available to the parties’ attorneys.

Case: 2:91-cv-00464-MHW-TPK Doc #: 274-2 Filed: 08/13/14 Page: 4 of 4 PAGEID #: 6334

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