January 20, 2016

Jennifer J. Dawson, Esq.

Marshall & Melhorn, LLC

Four Seagate, Eighth Floor

Toledo, Ohio 43604

Re: Case No. 15-10-5002

Toledo Public Schools

Dear Ms. Dawson:

This is to advise you of the resolution of the above-referenced compliance review that 

was initiated by the U.S. Department of Education (Department), Office for Civil Rights 

(OCR), on September 28, 2010. This compliance review was undertaken to assess

whether the Toledo Public Schools (the District or TPS) provides African American 

students with equal access to its resources, including strong teaching, leadership, and 

support, school facilities, technology and instructional materials, and educational 

programs. 

OCR initiated this compliance review under Title VI of the Civil Rights Act of 1964 

(Title VI), as amended, 42 U.S.C. §§ 2000d et seq., and its implementing regulation at 34 

C.F.R. Part 100, which prohibit discrimination on the basis of race, color, or national 

origin in programs and activities receiving financial assistance from the Department. As 

a recipient of financial assistance from the Department, the District is subject to Title VI 

and, therefore, OCR had jurisdiction to conduct this compliance review.

During the course of and prior the conclusion of OCR’s investigation, the District 

expressed an interest in voluntarily resolving the case and entered into a Resolution 

Agreement (the Agreement), which commits the District to specific actions to address 

issues identified during OCR’s review. This letter summarizes the applicable legal 

standards, the main areas of information gathered during the review, and how the review 

was resolved.

Applicable Legal Standards

The applicable standards for determining compliance are set forth in the regulation 

implementing Title VI, at 34 C.F.R. § 100.3(a), (b)(1) and (2). The Title VI regulation, at 

34 C.F.R. § 100.3(a), provides that no person shall, on the ground of race, color, or 

UNITED STATES DEPARTMENT OF EDUCATION

OFFICE FOR CIVIL RIGHTS, REGION XV

1350 EUCLID AVENUE, SUITE 325

CLEVELAND, OH 44115

REGION XV

MICHIGAN

OHIO
Page 2 – Jennifer J. Dawson, Esq.

national origin, be excluded from participation in, be denied the benefits of, or be 

otherwise subjected to discrimination under any program operated by a recipient. The 

regulation implementing Title VI, at 34 C.F.R. § 100.3(b)(1), prohibits a recipient, on the 

ground of race, color, or national origin, from denying an individual a service or benefit 

of a program; providing different services or benefits; subjecting an individual to 

segregation in any matter related to the receipt of a service or benefit; restricting an 

individual in any way in receiving a service or benefit; treating an individual differently 

in determining whether the individual satisfies any admission or eligibility requirement 

for provision of a service or benefit; and, denying an individual an opportunity to 

participate in a program or affording an opportunity to do so which is different from that 

afforded to others. The regulation implementing Title VI, at 34 C.F.R. § 100.3(b)(2), 

prohibits a recipient from utilizing criteria or methods of administration that have the 

effect of subjecting individuals to discrimination because of their race, color, or national 

origin.

School districts that receive Federal funds must not intentionally discriminate on the basis 

of race, color, or national origin, and must not implement facially neutral policies that 

have the unjustified effect of discriminating against students on the basis of race, color, or 

national origin. In assessing the allocation of educational resources, including courses, 

academic programs, extracurricular activities, teaching and support staff, school 

leadership, school facilities, technology, and instructional materials, OCR will investigate 

and analyze the evidence found under both theories of discrimination—intentional 

discrimination and disparate impact—to ensure that students are not subjected to 

unlawful discrimination.

Under Title VI, intentional discrimination in allocating educational resources on the basis 

of race, color, or national origin is unlawful. Such discrimination can include acting on a 

racially discriminatory motive, providing educational resources only to members of select 

races, adopting facially neutral policies with an invidious intent to target students of 

certain races, or applying a facially neutral policy in a discriminatory manner. Evidence 

of discriminatory intent can be proven through direct evidence or circumstantial 

evidence. For example, such evidence may include the existence of racial disparities that 

could not otherwise be explained, a history of discriminatory conduct towards members 

of a certain race, or the inconsistent application of resource allocation policies to schools 

with different racial demographics.

School districts also violate Title VI if they adopt facially neutral policies that are not 

intended to discriminate based on race, color, or national origin, but do have an 

unjustified, adverse disparate impact on students based on race, color, or national origin. 

Overview of the District

The District is the fourth largest school district in the state of Ohio. The District reported 

to OCR that its total student enrollment in its kindergarten through twelfth-grade (K-12) 

facilities for the 2011-2012 school year was 23,356, comprised of 10,137 (43.40%) 

African American students and 9,751 (41.75%) white students. Total student enrollment 
Page 3 – Jennifer J. Dawson, Esq.

for the 2012-2013 school year was 23,172 students, comprised of 9,918 (42.8%) African 

American students and 9,315 (40.2%) white students. Total student enrollment for the 

2013-2014 school year was 22,336 students, comprised of 9,180 (41.1%) African 

American students and 8,957 (40.1%) white students. 

In February 2011, the District’s Board of Education approved a large-scale 

“transformation plan” (the transformation plan) that closed six schools effective the 

beginning of the 2011-2012 school year and a seventh school beginning the 2012-2013 

school year. Under the transformation plan, the District reorganized all of its schools into 

six geographically designated “learning communities,” each centered around and named 

for a comprehensive high school, with feeder K-8 schools (previously the lower grades 

were organized into separate middle schools and elementary schools). Following its 

implementation of the transformation plan for the 2011-2012 school year, the District 

operated a total of 49 schools, including 41 K-8 elementary schools (including three 

magnet/specialty schools) and eight high schools (including two magnet/specialty 

schools). The District stated that its transformation plan was designed to increase 

community partnerships, broaden educational opportunities for students, and establish 

neighborhood schools. 

Summary of Review

Given the transformation plan, OCR focused its review time period immediately

following the District’s implementation using the most recent available data relevant to 

the plan’s initiation. OCR analyzed the District’s 2011-2012 school year enrollment data 

disaggregated by race to determine if any schools were racially identifiable – i.e., if any 

of the schools had African American student enrollments 20% or more than the District’s 

overall African American student enrollment of 43.4%; and, similarly, whether any of the 

schools had white student enrollments 20% or more than the District’s overall white 

student enrollment of 41.75%.1 Using that standard, OCR found that 26 (53%) of the 

District’s 49 K-12 schools were racially identifiable schools. Specifically, OCR found: 

 18 of the District’s 49 schools (37%) were racially identifiable as African 

American schools: fifteen of the District’s 41 K-8 schools (37%) and three of 

the District’s eight high schools (37%). 

 8 of the District’s 49 schools (16%) were racially identifiable as white 

schools: seven of the District’s 41 K-8 schools (17%) and one of the District’s 

eight high schools (12%) (Toledo Technology Academy – a magnet school). 

None of the District’s six traditional high schools were racially identifiable as 

white schools. 

 

1 At the stage negotiations began in this case and prior to concluding its investigation, OCR utilized 

District-wide racial percentages to calculate racial identifiability. Alternatively, racial identifiability may 

be calculated by using District-wide racial percentages at the K-8 and high school levels, respectively. 

Under this analysis, Woodward High School shifts from racially identifiable African American to not

racially identifiable, Chase STEM Academy from not racially identifiable to racially identifiable African 

American, and Raymer Elementary from racially identifiable white to not racially identifiable. 
Page 4 – Jennifer J. Dawson, Esq.

OCR then selected 15 District schools for OCR’s primary focus in the review, which 

included ten of the District’s 41 K-8 schools (24%) and five of the District’s eight high 

schools (62%).

2

 Selection criteria included but were not limited to whether schools were 

racially identifiable under the 20% standard and whether schools were the subject of 

previous OCR complaints. OCR also selected schools to ensure representation from 

various geographic locations within the District. 

K-8 schools (10):

• Beverly Elementary (racially identifiable white)

• Chase STEM Academy (not racially identifiable, magnet school)

• Elmhurst Elementary (racially identifiable white)

• McKinley Elementary (racially identifiable African American)

• Old West End Academy (racially identifiable African American, magnet 

school)

• Ottawa River Elementary (racially identifiable white)

• Pickett Academy (racially identifiable African American)

• Raymer Elementary (racially identifiable white)

• Reynolds Elementary (racially identifiable African American)

• Sherman Elementary (racially identifiable African American)

High Schools (5):

• Rogers High School (racially identifiable African American)

• Scott High School (racially identifiable African American)

• Start High School (not racially identifiable)

• Toledo Technology Academy (racially identifiable white, magnet school)3

• Waite High School (not racially identifiable)

The selected schools enrolled a total of 8,432 students, which was 36% of the District’s 

total enrollment of 23,356, and included 38% of the District’s African American student 

enrollment and 36% of the District’s white student enrollment.

The 10 selected K-8 schools enrolled a total of 4,174 students, which represented 25% of 

the total District K-8 enrollment of 16,731 students. The 10 selected K-8 schools overall 

had a student population that was 40.82% African American, 46% white, and 

approximately 13% other races. District-wide, the K-8 schools had a student population 

that was 41% African American, 43% white, and 16% other races. Thus, OCR 

determined that the racial make-up of the 10 selected schools was sufficiently similar to 

the overall racial make-up of the District’s K-8 schools to make the selection appropriate

for OCR’s review. 

 

2

OCR’s review did not encompass Jones Leadership Academy, a high school which opened in August 

2014, and Westfield Achievement, the District’s alternative placement site for grades 7-12, is located in a 

separate building but students remain on the rosters of their sending high schools.

3

Toledo Technology Academy added grades 7 and 8 in the fall of 2014. 
Page 5 – Jennifer J. Dawson, Esq.

The five high schools selected enrolled 4,258 total students, which represented 64% of 

the total District high school enrollment of 6,615 students. The selected high schools 

overall had a student population that was 51% African American, 37% white, and 12% 

other races. District-wide, the high schools had a student population that was 50% 

African American, 38% white, and 12% other races. Thus, OCR again determined that 

the racial make-up of the five selected schools was sufficiently similar to the overall 

racial make-up of the high schools District-wide to make the selection appropriate for 

OCR’s review. 

In the 2012-2013 school year OCR conducted onsite visits at the 15 selected schools. At 

each school OCR interviewed the principal, librarian, counselor, staff person responsible 

for computer technology, and teachers. OCR also interviewed District administrators and 

interviewed staff persons from the Ohio School Facilities Commission (OSFC) who 

worked with the District in building new school buildings. Finally, OCR obtained data 

from the District and from the Ohio Department of Education (ODE) and encouraged 

community advocates, including those involved in the complaints to OCR prior to the 

review, to send any relevant information to OCR. OCR received data from the District 

for the 2011-2012 school year and certain additional data for the 2012-2013 school year

and the beginning of the 2015-2016 school year. OCR’s main areas of review are

summarized below.4 

 Strong Teaching, Leadership, and Support

The District reported to OCR that immediately after its transformation plan took effect at 

the beginning of the 2011-2012 school year, it had 1,217 full-time and part-time general 

education classroom teachers and 326 full-time and part-time special education teachers. 

The data showed that these 1,543 teachers had an average of 16.9 years of experience. 

Data provided by the District showed that the District also had 390 non-teacher 

employees with an average of 16.2 years of experience. The 390 non-teacher employees 

included 79 principals and assistant principals, with an average of 15.7 years of 

experience. 

o Stability of Teacher Workforce

As part of the investigation, OCR assessed relative rates of teacher absenteeism for the 

2010-2011 school year. This data did not indicate any significant differences in teacher 

absenteeism between racially identifiable white and African American schools. For the 

10 selected K-8 schools, the range in average teacher absentee days was between 3.0 days 

(Beverly, racially identifiable white) and 15.5 days (Chase STEM, not racially 

identifiable). Most of the schools had average teacher absentee rates of between 9 and 12 

days; the three schools that had more absences than the average were one racially 

 

4

There are many other factors not discussed in this letter that could appropriately be analyzed under Title 

VI to ensure the equitable allocation of resources to students regardless of race, including but not limited to 

classroom space, supplies, athletic facilities, computers and other technology, and academic support 

programs. 
Page 6 – Jennifer J. Dawson, Esq.

identifiable white school (Elmhurst), one racially identifiable African American school 

(Reynolds), and one school that was not racially identifiable (Chase STEM). Of the five 

selected high schools, four had average absence rates of between 10 and 15 days; only a 

racially identifiable white school was an outlier, with an average rate of 21.7 days 

(Toledo Technology Academy). However, this school’s average was significantly higher 

due to the extended absence of one teacher.

At the time negotiations began, OCR had not yet reviewed information related to the 

number and duration of teacher vacancies or teacher turnover; however, the District 

provided information indicating that its staff reductions resulted in a large pool of 

unemployed teachers as of the 2011-2012 school year from which it could readily fill any 

vacancies. 

o Teacher Qualifications and Experience

OCR reviewed 2011-2012 school year data from the District and ODE regarding 

teachers’ level of education and licensure status. In Ohio teacher certification requires a 

bachelor’s degree at a minimum5, and, according to District information, 100% of 

District teachers had at least a bachelor’s degree. Overall, 55.4% of the District’s 

teachers also have at least a master’s degree.

6

 At the 10 selected K-8 schools, the 

percentage of teachers with a master’s degree ranged from 44.4% to 74.1%. Although 

Reynolds, a racially identifiable African American school, was an outlier and had the 

highest level of master’s degrees, the K-8 schools with the three lowest percentages of 

teachers with a master’s degree were racially identifiable as African American (Sherman

44.4%, Pickett 50%, and Old West End Academy 50%). In contrast, three of the four 

schools with the highest percentages were racially identifiable as white (Ottawa River, 

65.2%, Raymer 69.2%, and Elmhurst 73.9%). 

At the selected high schools the only racially identifiable white school (the magnet school 

Toledo Technology Academy) had the lowest percentage of teachers with a master’s 

degree, at 36.4%. For the four other selected high schools, the percentage of teachers 

with a master’s degree was at least 50%, with the highest percentages found at the two 

high schools that are not racially identifiable, Start and Waite (56.8% and 58.7%, 

respectively). The two racially identifiable African American high schools, Rogers and 

Scott, had percentages of 50.8% and 52% respectively. District-wide, the overall 

percentage of high school teachers with at least a master’s degree was 53.3%.

 

5

See OHIO REV. CODE ANN. § 3319.22.

6

OCR noted that 61.5% of Ohio teachers were reported in 2009-2010 to have at least a master's degree 

(see 2009-2010 statewide data available at 

http://education.ohio.gov/getattachment/Topics/Teaching/Educator-Equity/Highly-Qualified-TeacherLongitudinal-Data/State_HQT_Charts_june2011.xls.aspx), which is higher than the District. Nationwide, 

as of 2011, 44% of teachers had at least a master's degree (2011 U.S. data available at 

http://www.edweek.org/media/pot2011final-blog.pdf) which is lower than the District.
Page 7 – Jennifer J. Dawson, Esq.

OCR considered 2011-2012 data available from ODE regarding the percentage of core 

classes taught by teachers that were properly certified for the subject they were teaching. 

The percentage of core classes taught by properly certified teachers7ranged from 77.4% 

(Woodward High School – a racially identifiable African American school which was not 

one of the selected schools) to 100% (seven District schools had 100%, including one of 

the selected schools, Old West End Academy, a racially identifiable African American K8 school), with a District-wide average of 88.9%. For the selected K-8 schools, the range 

was 85.2% (Chase STEM, not racially identifiable) to 100% (Old West End, racially 

identifiable African American). There were no significant differences in the percentage 

of core classes taught by properly certified teachers between racially identifiable white 

and African American K-8 schools. Likewise, the high school range was consistent; the 

range was from 84.3% (Rogers, racially identifiable African American) to 90.2% (Toledo 

Technology Academy, racially identifiable white). The other racially identifiable African 

American high school in the group of selected schools, Scott, had the second-highest 

percentage of core classes being taught by properly certified teachers, with 88.5%.

OCR also reviewed ODE’s 2011-2012 school year data regarding the percentage of core 

academic subjects8in elementary and secondary classes not being taught by highly 

qualified teachers (HQTs),9and found that the overall rate for the District was 15%. For 

the selected K-8 schools, the percentage of core classes not taught by HQTs ranged from 

zero at a racially identifiable African American school (Reynolds) to 37.1% at another 

racially identifiable African American school (Pickett); however, the second highest 

percentage, 26.8%, was at a racially identifiable white school (Raymer),

10 and the other 

schools’ percentages were not significantly different from one another. The percentages 

of core classes not taught by HQTs at the selected high schools were low, ranging from 

3.5% (Waite, not racially identifiable) to 8% (Scott, racially identifiable African 

American).

OCR also reviewed 2011-2012 school year data regarding the level of experience, one of 

multiple factors which may impact teacher effectiveness and quality, of District teachers. 

 

7 An ODE official informed OCR that only persons who hold a long- or short-term substitute teaching 

license, or who are not teaching in the subject matter area in which they are licensed, would not be properly 

certified. An example would be a teacher certified in math teaching an English class. The 2011-2012 ODE 

data indicated that no District school had any core classes taught by teachers with temporary, conditional, 

or long-term substitute certification/licensure; however, some teachers that had proper certification for one 

subject taught other subjects.

8 Core academic offerings at the District’s K-8 schools for the 2011-2012 school year were English, math, 

science, and social studies.

9 HQT was a Federal No Child Left Behind Act definition that prescribed standards for educators in core 

academic content areas. To be deemed highly qualified, teachers had to: 1) have a bachelor’s degree; 

2) have full state certification or licensure; and 3) demonstrate that they knew each subject they taught. See

http://www2.ed.gov/nclb/methods/teachers/hqtflexibility.html. On December 10, 2015, the Every Student 

Succeeds Act (ESSA) was signed into law. It reauthorizes the Elementary and Secondary Education Act 

and replaces the No Child Left Behind Act. Upon full implementation, the ESSA eliminates the “highly 

qualified” requirements. The ESSA continues to require that states and districts have plans in place to 

ensure that low-income students and students of color are not taught disproportionately by out-of-field 

teachers (or by inexperienced or ineffective teachers).

10 Based on 2013-2014 enrollment data, Raymer Elementary is the only school to shift racial identifiability 

category.
Page 8 – Jennifer J. Dawson, Esq.

The data shows that the District has very few novice teachers (defined as three years or 

fewer with the District) throughout the District; only 41 of the 1,543 teachers, or 2.7%, 

were novice teachers. Of note, approximately 150 staff members were laid off as a result 

of the transformation plan, including support and custodial staff as well as teachers and 

administrators. The District stated that the teachers with the least experience were laid 

off first.

Four of the selected K-8 schools had zero novice teachers. Three of these schools were 

racially identifiable as African American (Old West End Academy, Reynolds and 

Sherman), and one was racially identifiable as white (Ottawa River). Five of the schools 

had one novice teacher each: three racially identifiable white schools (Beverly, Elmhurst, 

and Raymer); one racially identifiable African American school (Pickett); and one not 

racially identifiable school (Chase STEM Academy). One school, which was racially 

identifiable as African American, had two novice teachers (McKinley). 

The selected K-8 schools’ teaching staff ranged in average number of years of teaching 

experience from a low of 11.3 years at Chase STEM Academy (not racially identifiable) 

to a high of 20.3 years at Elmhurst Elementary (racially identifiable white). Three of the 

four schools that were racially identifiable as white (Beverly, Ottawa River and 

Elmhurst) had teaching staffs with more average years of experience than all of the 

schools that were racially identifiable as African American. 

With respect to the selected high schools, one racially identifiable white school (Toledo 

Technology Academy – a magnet school) and one school that is not racially identifiable 

(Waite High School) had zero novice teachers; two racially identifiable African 

American schools (Rogers High School and Scott High School) had one novice teacher 

each; and one school that is not racially identifiable (Start High School) had two novice 

teachers.

OCR observed that there was less disparity with respect to the average number of years 

of experience at the selected high schools, where the staffs’ years of experience ranged 

from a low of 15.1 average years of experience at Scott (racially identifiable African 

American) to a high of 17.4 average years of experience at Toledo Technology Academy 

(racially identifiable white). Of the remaining high schools, the staff at Rogers (racially 

identifiable African American) had an average of 16.5 years of experience, while the 

staffs at the two non-racially identifiable high schools, Waite and Start, both had an 

average 15.9 years of experience.

According to the District, it evaluates its teachers in accordance with Ohio law, and uses 

the standards-based statewide teacher evaluation framework adopted by ODE, the Ohio 

Teacher Evaluation System (OTES). This is a new system across Ohio implemented as 

of the 2013-2014 school year and requires yearly evaluations of all teachers. It is focused 

on teacher effectiveness, with 50% of the rating coming from student academic growth, 

and it includes consequences for poor performers.11 

 

11 On November 20, 2015, new changes to OTES were adopted in Ohio and include, inter alia, giving Local 

Education Agencies (LEAs) the option to reduce the proportion of annual rating for teachers that is 
Page 9 – Jennifer J. Dawson, Esq.

Based on information obtained from the District in 2015, the District uses an InternIntervention Program (the "Toledo Plan"), which is a teacher performance tool based on 

peer coaching and evaluation. The Toledo Plan provides a formula for professional 

development of novice teachers and an evaluation system that, according to the District, 

detects and screens out those who show little aptitude for the classroom. All newly hired 

teachers are placed in the intern program and attend the "New Teachers Academy." New 

teachers designated as interns are assigned a consulting teacher who provides 

professional development and does a comprehensive evaluation of the teacher's 

performance. Based on the evaluation, the consulting teacher makes a recommendation 

regarding whether the novice teacher should continue to be employed with the District.

According to the District, under the Toledo Plan it provides experienced teachers who 

have severe performance problems with intensive peer assistance to bring their 

performance back in line with acceptable standards. 

The District also uses its Teacher Review and Alternative Compensation System program 

(TRACS) program.12 According to the District, the purpose of TRACS is to promote the 

participation of teachers in professional development, acknowledge the importance of 

retaining accomplished teachers, and support and reward veteran and exceptional 

teachers who achieve measurable student academic results. Under the TRACS program, 

teachers can earn a fifteen percent pay increase by working in a District high-need school 

or a hard-to-staff placement. To become a TRACS teacher, a teacher must be recognized 

as one of the best teachers in the District and have gone through an application process, a 

written test, and classroom observations. TRACS teachers undergo extensive, ongoing 

professional development and must show that their students are growing academically at 

or above expectations. Prior to OCR’s compliance review, only three teachers were part 

of TRACS for the 2010-2011 school year. As of the 2011-2012 school year, there were 

approximately 30 teachers involved in this program and there were 11 eligible schools; 

five were selected by OCR for focus in the review - Sherman, Scott, Pickett, and Old 

West End Academy, all racially identifiable African American, and Chase STEM 

Academy, which is not racially identifiable. 

 

 School Leadership

The District has fewer than 300 administrators, and approximately 98 were either new or 

in new positions during the 2011-2012 school year.13 District officials stated that during 

the 2011-2012 school year one in three administrators were either new to the District or 

new as administrators, because the District had lost a significant number of staff. 

According to the District, it is hard for it to attract and retain qualified principals due to 

higher salary ranges of $20,000-$30,000 more in surrounding areas. 

 

attributable to student growth measures to 35%. To the extent Toledo adopts the alternative standard, OCR 

will consider both the 50% and 35% standards in its monitoring to evaluate satisfaction of Title VI. 

12 Implementation of TRACS began in the 2002-2003 school year. 

13 At the time negotiations began, OCR had not completed its analysis of the experience levels of 

administrators based on whether schools were racially identifiable.
Page 10 – Jennifer J. Dawson, Esq.

OCR obtained information regarding the District’s professional development of 

administrators. The District indicated that, in order to address retention and experience 

levels, it developed a system to provide members of its existing staff with the necessary 

knowledge, skills and abilities to become administrators. Through its Urban Leadership 

Development Program, started in 1998, the District has partnered with the University of 

Toledo to teach and train participating District staff to prepare them for leadership roles, 

usually beginning as an assistant principal. 

The District also has a mentoring program through the Toledo Association of 

Administrative Personnel ("TAAP"). The TAAP Peer Mentoring Program, which was 

first implemented around 1993, is designed to give support and guidance to new 

administrators. TAAP peer mentors are trained and paired with a new administrator 

("mentee") and provide the mentee with guidance and support, and the opportunity to 

discuss professional issues. The TAAP mentor observes the mentee at least one day per 

month, arranges for the mentee to shadow peer mentors, attends monthly "Nuts and 

Bolts" sessions for training, and submits written and oral evaluations and 

recommendations to the TAAP Mentor Review Panel regarding the mentee. 

According to the District, it also maintains a comprehensive evaluation program for 

administrators, the Ohio Principal Evaluation System (OPES), to assess the effectiveness 

of principals and assistant principals. The District also reports that the 

Recruitment/Retention Leadership Incentive Program in its 2013-2016 collective 

bargaining agreement with administrators gives the District some flexibility in recruiting 

and retaining administrators for high-need, under-performing schools. The District noted 

that, as of August 26, 2015, all of its principals have advanced degrees and all but three

have at least seven years of experience.

 Support Staff

o Librarians

Based on information collected during OCR’s 2012 site visits and the District’s data 

provided for the 2011-2012 school year, the District had a total of 14 librarians. All 

District high schools except Toledo Technology Academy (racially identifiable white) 

had a full-time librarian. At the K-8 schools, there was one librarian assigned per five to 

six schools. Librarians are responsible for recruiting parent volunteers to run their 

assigned schools’ libraries; although based on the witness interviews OCR conducted, at 

least two principals try to assist with recruiting volunteers.14 One District official stated 

that he had reached out to churches to recruit volunteers; however, none of the K-8 

librarians who were asked knew about his efforts to help them recruit volunteers. As is 

discussed in more detail below, as a result of differences in the number of volunteers at 

each school, the schools differ in the number of days when their libraries are open, how 

often students get to visit the library, and thus the number of books students had the 

opportunity to check out in a month. 

 

14 Additional information about the availability of volunteers for the libraries is provided later in this letter.
Page 11 – Jennifer J. Dawson, Esq.

OCR’s review indicated that seven K-8 librarians ranged in experience, as a librarian, 

from one year to 33 years; however, none of the librarians had been employed by the 

District for less than nine years—most librarians had previously been classroom teachers. 

All the K-8 librarians from the selected schools held appropriate certification.15 As noted 

above, the K-8 librarians were each assigned to five to six schools. The information 

OCR obtained did not indicate differences in the qualifications or years of experience in 

librarians assigned to schools based on the racial make-up of the schools.

o Guidance Counselors

As of August 2015, the District had only 50 guidance counselors overall.16 Using student 

enrollment numbers from ODE for the 2013-2014 school year, OCR found that the ratio 

of students to counselors ranged from a low of 172 students per counselor (at King, a 

racially identifiable African American K-8 school), to a high of 1006 students per 

counselor (at Larchmont, a racially identifiable white K-8 school). The high schools all 

had lower ratios of students to counselors, from 297 students per counselor at Scott 

(racially identifiable African American), to 465 students per counselor at Start (not 

racially identifiable). The schools with the three highest ratios of students to counselors 

were all racially identifiable white elementary schools. 

o Psychologists

The District had 24 psychologists as of data the District submitted in August 2015, 

although two of them were not assigned to a specific school, four were assigned to “early 

childhood,” and two were assigned district-wide. The remaining 16 psychologists were 

divided among six of the District’s high schools’ Student Assistance Centers, with ratios 

ranging from 212 students per psychologist at Woodward (racially identifiable African 

American) to 465 students per psychologist at Start (not racially identifiable). Scott and 

Rogers (both racially identifiable African American) had the second and third lowest 

ratios, at 297 and 387 students per psychologist, respectively. 

o Speech Therapists

The District had 37 speech-language pathologists as of August 2015, although two of the 

37 were assigned District-wide and an additional five did not have assigned locations 

identified in the data the District provided. The ratio of students to speech therapist 

varied widely across all the Districts schools, from a low of 78 students per speech 

therapist (Crossgates Preschool, not racially identifiable), to a high of 2790 students per 

speech therapist (Start High School, not racially identifiable). The District’s high schools 

 

15 OCR did not review which schools the more novice librarians were assigned to; all the librarians 

typically spent Friday afternoon together at a central office location, during which time the novice 

librarians were able to ask questions of their more experienced colleagues. In addition, purchases for 

collections are reviewed by the librarians’ supervisor before they are finalized.

16 None of the counselors interviewed by OCR during the 2012 onsite visits felt that the number of 

counselors provided was sufficient to meet the needs of the number of students in their buildings. 
Page 12 – Jennifer J. Dawson, Esq.

all had higher ratios than the elementary schools. The second-lowest ratio, of 109

students per speech therapist, was at TPS Preschool, also not racially identifiable. 

 School Facilities

Operating a total of 49 schools, the District has built 41 new buildings since 2005. All of 

the new buildings were part of the Ohio School Facilities Commission (OSFC) Issue 2 

program to build new schools throughout the state. OSFC officials interviewed by OCR 

stressed that it is an integral part of OSFC’s mission to ensure that all school buildings in 

Ohio contain the same elements, in the same amount of space, regardless of whether the 

schools are in rural or urban areas or suburbs. Buildings are designed based on the 

number of students and type of students (K-12) for whom the school is initially built. 

OSFC uses standardized elements and sizes for each of its building projects; any requests 

for variances are reviewed by a group of OSFC staff. The overall cost of the OSFC Issue 

2 project for the District was in excess of $600 million; the state provided 77% of that 

amount and the District funded the remaining 23% through a bond. The District passed a 

second bond of $37 million to fund the renovation of the schools that it decided not to 

build new.

o Physical Environment/Types and Design of Facilities

Out of the 41 District K-8 buildings, 37 have been built new since 2005. The four that 

are not new include: Edgewater (racially identifiable white); Glendale-Fielbach (not 

racially identifiable); Harvard (not racially identifiable); and Old West End (racially 

identifiable African American). With the exception of Old West End, the schools that 

were not newly built under the OSFC Issue 2 program were extensively renovated as part 

of the District’s overall building project. From OCR’s observations, nine of the 10 K-8 

buildings OCR visited appeared in good or excellent condition. Old West End’s

condition seemed average. 

OCR’s observations at the 10 K-8 buildings OCR visited in 2012 revealed that each 

building had strengths and weaknesses, but overall they were comparable with respect to 

amenities. In general, all of the K-8 facilities OCR visited appeared clean, well lit, and 

painted appropriately. There also were no apparent heating and air conditioning

problems. OCR notes that most of the District’s elementary schools were built as either 

K-5 or K-6 buildings, prior to the District implementation of its transformation plan. 

Two of the K-8 schools visited, Beverly and Ottawa River, which are racially identifiable 

white schools, were built as K-8 schools.17 As a result of the K-5 construction, sixth-, 

seventh-, and eighth-grade students in most of the schools, whether racially identifiable 

white, racially identifiable African American, or not racially identifiable, are using 

 

17 The District’s master building schedule and the OSFC information indicated that Pickett, a racially 

identifiable African American school, was also built as a K-8 school; however, during its onsite OCR 

observed features consistent with a K-5 school, such as classrooms including cubbies for storage, instead of 

having student lockers in the hallways for students in grades 6-8. 
Page 13 – Jennifer J. Dawson, Esq.

facilities such as lockers and gyms designed for younger, smaller students.18 Regarding 

vandalism, OCR noted graffiti on playground equipment or signage at only two schools: 

Old West End Academy (racially identifiable African American) and Ottawa River 

(racially identifiable white). OCR did not specifically examine the availability of 

maintenance staff or accessibility to students with disabilities. As is further discussed 

below, there appeared to be safety issues in the areas surrounding the K-8 buildings, in 

particular with respect to Old West End (racially identifiable African American), but also 

with respect to Reynolds (racially identifiable African American) and Chase STEM 

Academy (not racially identifiable). In addition, OCR noted that McKinley (racially 

identifiable African American) was the only K-8 school that did not have a fixed or 

portable stage. However, after OCR pointed this out, the District provided McKinley 

with portable risers (to elevate the audience above a ground-level performing space) and 

access to a full, fixed stage at the Toledo Technology Academy, another District school 

which is across the street from McKinley. Three of the other K-8 selected schools also 

used portable equipment to provide stages: Chase STEM Academy (not racially 

identifiable), Ottawa River (racially identifiable white), and Reynolds (racially 

identifiable African American).

Out of eight high schools, four have been built new since 2006. The two traditional high 

schools that are not in new buildings are Scott (racially identifiable African American) 

and Waite (not racially identifiable); however, the District reported that in 2011 Scott was 

gutted and built new on the inside in response to neighborhood community preference. 

The other two high schools in existing buildings are magnet schools: Toledo Early 

College (not racially identifiable), which has always been housed at the University of 

Toledo, and Toledo Technology Academy (racially identifiable white), which has been 

housed since its inception in the previously-closed DeVilbiss High School building. 

OCR notes that it previously received complaints that Scott, a racially identifiable 

African American school, was the last building to be renovated under the District’s 

facilities project. While there had been wide disagreement in the District about the 

renovation of a historic school building, District officials stated they believed that the 

ultimate renovation of Scott, which was completed in 2011, ended with the community 

satisfied, as the building is new on the inside while the original structure is maintained on 

the outside. 

 Instructional Materials 

o Libraries

The data obtained regarding the 2011-2012 school year shows that at the 15 selected 

schools, the racially identifiable African American schools generally have more library 

volumes per student than the racially identifiable white schools. OCR’s review of the 

 

18 Of the selected schools, those built as K-5 rather than K-8 are Chase STEM Academy (not racially 

identifiable), McKinley (racially identifiable African American), Reynolds (racially identifiable African 

American), Sherman (racially identifiable African American), Elmhurst (racially identifiable white) and 

Raymer (racially identifiable white).
Page 14 – Jennifer J. Dawson, Esq.

information found that at the five racially identifiable African American K-8 schools 

examined, the library volumes per student ranged from a low of 20 volumes per student 

at Reynolds to a high of 30 volumes per student at Old West End Academy. At the four 

racially identifiable white schools examined, the library volumes per student ranged from 

a low of 14 volumes per student at Beverly to 24 volumes per student at Elmhurst. Chase 

STEM Academy (not racially identifiable) had 21 library volumes per student. With 

respect to the high schools, OCR’s review of the information found that Rogers and Scott 

(racially identifiable African American) had 15 and 12 library volumes per student, 

respectively. Start and Waite (not racially identifiable) each had 10 library volumes per 

student. Toledo Technology Academy (racially identifiable white) due to the nature of 

the magnet program does not have a library. OCR did not analyze other factors affecting 

the equitable provision of library materials to students, such as the quality or age of the 

materials. 

All of the librarians interviewed reported that all District students, regardless of school, 

can access any book in the District through the intra-District library loan system. 

However, most other District witnesses interviewed were unaware that they had this 

capability. The District’s entire library circulation is maintained in an electronic system, 

and students can look up and check out any book in the District through the District’s 

electronic catalogue system. OCR’s investigation at the ten selected K-8 schools 

revealed that students attending racially identifiable African American schools had more 

limited access to their schools’ libraries and could check out fewer books than students 

attending racially identifiable white schools. Thus, even though they had more books at 

their libraries, the opportunities for African American students to go to their libraries and 

check out books were more limited. Students at three racially identifiable white schools 

(Beverly, Elmhurst and Ottawa River) were permitted to go to the library once a week. 

The students at one racially identifiable African American school (McKinley) also had 

access to the library once a week. The students at the remaining racially identifiable 

white K-8 school (Raymer) and at the other racially identifiable African American 

schools (Reynolds and Old West End Academy) had access to the library once every two 

weeks or once a month (Pickett and Sherman). K-8 students attending racially 

identifiable African American Sherman Elementary could check out two books per

monthly visit. The students at the non-racially identifiable K-8 school (Chase STEM 

Academy) had access to four books per month.

In response to OCR’s information request, District officials acknowledged their 

awareness of the disparity in the number of times students at the District’s racially 

identifiable African American K-8 schools could access their schools’ libraries as 

compared to other District K-8 schools. District witnesses explained that the disparity is 

created by the lack of availability of volunteers to work in schools perceived to be located 

in more at-risk neighborhoods, to assist the librarians with checking out books to the 

students and re-shelving the books. Each of the District’s K-8 school librarians are 

assigned to five to six schools. Accordingly, each librarian generally spends half-days at 

their respective schools throughout the week, helping students check out books. District 

librarians explained that volunteers are used to help cover the library and check out books 

for students at times when they are not in the school; thus, District witnesses reported that 
Page 15 – Jennifer J. Dawson, Esq.

the schools with volunteers can provide more library access to their students than the 

schools without volunteers. Administrators reported they were unsuccessful in their 

efforts to recruit volunteers for the inner city K-8 schools. OCR did not have access to 

information confirming the District’s efforts to recruit volunteers.

o Textbooks

OCR requested, and the District provided, information regarding its adoption of the same 

textbooks for its fourth-grade science and social studies, eighth-grade science and social 

studies, and high school biology and history classes for the 2012-2013 school year. 

District teachers interviewed at the middle school level reported use of the same math 

textbooks grades 6-8.

 Educational Programs 

OCR assessed types, quantity, and quality of programs available to students across the 

District to determine whether students of all races have equal access to comparable 

programs. 

o K-8 Schools:

 Academic Programs 

The academic performance index19 of the K-8 schools that were the focus of OCR’s 

review, for the 2011-2012 school year, revealed that schools that are racially identifiable 

African American did not perform as well academically. The District K-8 average score 

was 80.3 and the average score of the schools OCR examined was 80.4. Of the five 

lowest scoring schools in OCR’s selection, four were racially identifiable African 

American (Reynolds (77), McKinley (76.5), Sherman (62.2) and Pickett (58.5)). Chase 

STEM Academy, not racially identifiable, was also in the bottom five schools (75). Of 

the five top performing schools, four of the five were racially identifiable white (Raymer 

(80.8), Ottawa River (91.1), Beverly (97.4) and Elmhurst (97.5)). Old West End, racially 

identifiable African American, was also in the top five (88). 

The District reported that its core academic offerings at its elementary schools for the 

2011-2012 school year were English, math, science, and social studies. Each of these 

core academic subjects is offered at each of the District’s 41 elementary schools. In 

addition, the District offers art and music at each of its elementary schools. The District 

offers foreign language courses at two of its elementary schools: Old West End Academy 

 

19 The performance index is a metric used by the Ohio Department of Education (ODE). It is designed to 

reflect the achievement of every student in a school district. School districts and school buildings earn 

points based on how well each student does on all tested subjects in grades three through eight on Ohio’s 

Achievement Assessments and on the tenth grade Ohio Graduation Test. All assessments have five 

performance levels: advanced, accelerated, proficient, basic and limited. The percentage of students 

scoring at each performance level is calculated and then multiplied by the point value assigned to that 

performance level. The points earned for each performance level are totaled to determine each school’s 

performance index score.
Page 16 – Jennifer J. Dawson, Esq.

(racially identifiable African American) and Grove Patterson Academy (not racially 

identifiable); both schools offer Spanish and German. 

o High Schools:

 Academic Programs

 Core Courses

The academic performance index of the high schools that were the focus of OCR’s 

review, for the 2011-2012 school year, revealed that the selected racially identifiable 

African American schools did not perform as well academically. Specifically, of the 

selected high schools, Scott, racially identifiable African American, received the lowest 

score (70.8). Rogers, the other racially identifiable African American high school, 

received an 86.4. The only racially identifiable white high school, Toledo Technology 

Academy, received the highest score (106.6). The non-racially identifiable schools, Start 

and Waite, received scores of 94.1 and 85.2, respectively. The overall District high 

school average score was 90. The average score of the five OCR selected high schools 

was 88.6.

Each high school offers the same core courses of English, math, science, and social 

studies every year. According to information provided by the District for the 2011-2012 

school year, this includes, at a minimum: English 1; English 2; English 3; English 4; 

Algebra I; Algebra A/B; Algebra 2; Geometry; Biology; Physical Science; World 

Studies; American Studies; American Government; and Health. 

 Non-Core Courses/Distance Learning

District witnesses explained that, with respect to non-core offerings, it attempts to take 

into consideration the courses that students want when making final determinations 

regarding which courses to offer. However, if, for example, only two students at a high 

school sign up for a course, then the District will not offer the course that year at the 

particular high school. According to the District, during the 2011-2012 school year, it

started using technology to offer greater curriculum choices to its students through 

distance learning (discussed more fully below), especially when a sufficient number of 

students do not sign up for a course at a specific school, but a sufficient number of 

students sign up for the course District-wide. At the time of OCR’s site visits, in the 

District’s high school distance learning program, the courses were taught live, in person, 

at Bowsher (not racially identifiable), Start (not racially identifiable), and Rogers 

(racially identifiable African American). The District offered the following distance 

learning courses live at the following high schools during the 2012-2013 school year: 

 Bowsher: AP European History, World Literature, and AP Calculus

 Start: AP English, Statistics and Analysis Honors, Russian 1, and Russian 2

 Rogers: AP American Government. 
Page 17 – Jennifer J. Dawson, Esq.

The students at Scott (racially identifiable African American), Waite (not racially 

identifiable), and Woodward (racially identifiable African American) did not have the 

opportunity to take courses taught live at their schools and, therefore, could not engage 

in-person with the course instructors. Students participating remotely watched the class 

through a video system and when the classes were first started during the 2011-2012

school year, the District had paraprofessionals in the rooms to assist the students in the 

distance classrooms. After OCR notified the District of its concerns regarding this 

practice, the District placed teachers in these classrooms effective the 2014-2015 school 

year.20 The District reports that it is also working toward students earning college credit 

and increasing the number of courses, and improving them, to provide high-level course 

choices for students. 

 Vocational Courses

The District offers a wide range of vocational courses organized into career technology 

pathways such as accounting, culinary arts, cosmetology, medical technology, broadcast 

communications, auto technology, auto collision, and carpentry. While each 

course/career technology pathway is not offered at all of the District high schools, the 

District reported all District students have access to the courses because of the District’s 

open enrollment plan. The District’s website explains: “If the particular area of training 

is not offered in their home school, students can elect to transfer to the school offering the 

training, or spend part of their day in their home school and the other part at the location 

offering the career technology pathway they want to pursue.” Students are generally 

responsible for their own transportation should they choose to enroll in a career 

technology pathway not offered at their home school, as the District does not provide 

transportation to District high school students (unless transportation is a service provided 

for in the Individualized Education Program (IEP) of a student with a disability). OCR 

did not obtain sufficient information to determine whether lack of transportation 

impacted students’ ability to participate in the vocational education programs on the basis 

of race. 

Conclusion

 

Although OCR did not conclude its investigation to reach final findings, the information 

gathered by OCR during its investigation suggests that the District, including through its 

implementation of the transformation plan it began after OCR initiated its review, has 

taken several positive steps related to the District’s obligation to deliver resource equity 

to its students. Based on the data OCR reviewed and interviews conducted, the evidence 

indicates that the District offered substantially equal access to core classes taught by 

certified and highly qualified teachers at both K-8 and high schools and that the District 

has plans in place to support and further develop strong teachers in its schools equitably 

across the District. The evidence obtained suggests that the District’s challenges to 

 

20 OCR staff and witnesses also noticed that the different bell schedules at the various high schools led to 

situations in which students at some schools missed either the first few or last few minutes of their distance 

learning courses. The District subsequently provided information to OCR showing that it had resolved this 

issue during the pendency of this review. 
Page 18 – Jennifer J. Dawson, Esq.

support and retain strong administrators are born across the District, without racially 

identifiable disparity, and that the District will continue its on-going efforts to address 

these challenges. OCR’s investigation also indicated that the District is making efforts to 

provide the same textbooks to all its students in fourth-grade science and social studies, 

eighth-grade science and social studies, and high school biology and history classes. 

OCR’s review suggested that the District’s efforts over the past decade to renovate and 

build new school facilities has substantially aided in aspects of facilities equity. OCR did

identify a number of potential Title VI compliance concerns regarding equitable access to 

resources for African American students, including experienced teachers, teachers with 

master’s degrees, and library access for K-8 students, and live distance learning classes

for high school students.

As stated above, prior to the conclusion of OCR’s investigation, the District expressed an 

interest in entering into an agreement with OCR to voluntarily resolve the issues raised in 

the compliance review. The enclosed Agreement, which the District executed on January 

4, 2016, addresses resource equity issues, both through providing for monitoring of 

programs in place to assure satisfaction of Title VI and through adding steps the District 

commits to take to address Title VI compliance concerns OCR’s review raised. 

Pursuant to the Agreement, the District will take the following actions: (1) provide notice 

to the school community of rights and responsibilities under Title VI, and the procedure 

by which students, parents and employees may report concerns; (2) continue 

implementing programs designed to ensure that equally effective and qualified teachers 

are equitably distributed throughout the District, and assess the effectiveness of each 

program and the District’s equitable distribution of equally effective and qualified 

teachers; if the assessment reveals inequity, the District will develop and, upon OCR 

approval, implement a plan for addressing the inequity; (3) continue implementing 

programs designed to ensure that equally effective and qualified building leaders are 

equitably distributed throughout the District, and assess the effectiveness of each program 

and the District’s equitable distribution of equally effective and qualified building 

leaders; if the assessment reveals inequity, the District will develop and, upon OCR 

approval, implement a plan for addressing the inequity; (4) annually develop master 

library staffing schedules for each of the District’s K-8 schools, including professional 

and volunteer staffing schedules, that ensure that students at the District’s K-8 schools 

can access their schools’ libraries with the same frequency, and can check out the same 

number of books, as students at other District schools; (5) deliver “live” instruction of 

distance learning courses, including Advanced Placement and other higher-level courses, 

across its high schools in a racially equitable manner; ensuring Advance Placement and 

other higher-level college preparatory courses are taught from the District’s racially 

identifiable African American high schools providing students the opportunity to engage 

in-person with course instructors; and (6) conduct outreach activities for students and 

parents designed to build awareness around, address concerns related to, and gain 

feedback regarding the District’s distribution and allocation of resources. 

If the District fails to comply with the terms of the Agreement, OCR will take appropriate 
Page 19 – Jennifer J. Dawson, Esq.

action to ensure the District’s full compliance with Title VI and its implementing 

regulation. The Agreement is designed to address OCR’s compliance concerns, when 

fully implemented. OCR will monitor the implementation of the Agreement.

This concludes OCR’s investigation phase of this compliance review. This letter should 

not be interpreted to address the District’s compliance with any other regulatory 

provision or to address any issues other than those addressed in this letter.

This letter sets forth OCR’s determination in an individual OCR compliance review. 

This letter is not a formal statement of OCR policy and should not be relied upon, cited, 

or construed as such. OCR’s formal policy statements are approved by a duly authorized 

OCR official and made available to the public. 

It is unlawful to harass, coerce, intimidate or discriminate against any individual who has 

filed a complaint, assisted in a compliance review, or participated in actions to secure 

protected rights. 

OCR would like to thank the District for its cooperation in resolving this compliance 

review. If you have any questions regarding this letter please contact Ms. Kimberly 

Kilby at (216) 522-2574 or Kimberly.Kilby@ed.gov.

If you have any questions during the monitoring of the District’s implementation of the 

Agreement, please contact Mr. Vincent Cheverine at (216) 522-2676 or 

Vincent.Cheverine@ed.gov. OCR received the District’s first monitoring report on 

January 4, 2016, and will respond under separate cover.

Sincerely,

/s/

Meena Morey Chandra

Regional Director

Cleveland Office

Enclosure