Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Dec 29 12:30 PM-21CV008011

IN THE COURT OF COMMON PLEAS

FRANKLIN COUNTY, OHIO

GROVEPORT MADISON LOCAL :

SCHOOL DISTRICT BOARD OF :
EDUCATION, : CASE NO.
4400 Marketing Place, Suite A :
Groveport, OH 43125, : JUDGE
:
Appellant/Plaintiff, :
:
v. :
:
OHIO DEPARTMENT OF :
EDUCATION, :
25 South Front Street :
Columbus, OH 43215-4183, :
:
Appellee/Defendant. :
:

NOTICE OF APPEAL OF ADMINISTRATIVE DECISION OF THE OHIO

DEPARTMENT OF EDUCATION, and, in the alternative, COMPLAINT FOR
DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF

Pursuant to R.C. 119.12, Appellant/Plaintiff Groveport Madison Local School District

Board of Education (“Groveport Madison”) hereby gives notice of this appeal from findings and

final decision of the Appellee/Defendant Ohio Department of Education (“ODE”) dated December

20, 2021, Reference No. NCID-23-11/2021 (F-Y) (“Decision”); and, in the alternative, files this

Complaint for Declaratory Judgment and Injunctive Relief against ODE, and alleges as follows:

INTRODUCTION

1. This action by Groveport Madison is necessary to prevent the imminent deduction

of nearly $700,000 in transportation funding by ODE to Groveport Madison, which will have a

disastrous, and irreparable, impact on Groveport Madison’s ability to provide timely, safe and

consistent transportation for its students.

Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Dec 29 12:30 PM-21CV008011

PARTIES, JURISDICTION, AND VENUE

2. Groveport Madison is an Ohio local school district board of education with its

principal place of business in Franklin County, Ohio.

3. ODE is an “Agency” of the State of Ohio as defined by R.C. 119.01(A)(1).

4. This Court has subject matter jurisdiction over this matter pursuant to R.C. Chapter

119 and R.C. Chapter 2721.

5. This Court has personal jurisdiction over the parties.

6. Venue is proper in this Court pursuant to R.C. Chapter 119 and Civ.R. 3.

FACTUAL BACKGROUND

7. Groveport Madison serves a local school district (“District”) with approximately

6,000 enrolled students across 11 schools.

8. In addition to providing students with an enriching educational experience,

Groveport Madison is responsible for ensuring students have access to school transportation.

9. Of the approximately 6,000 students enrolled in District schools, approximately

5,100 rely on Groveport Madison-provided bus transportation, a high percentage compared with

other school districts in central Ohio and across the state.

10. Moreover, the Ohio Revised Code requires Groveport Madison to provide

transportation for students who reside in the District and attend nonpublic or community schools,

regardless of the location of the nonpublic and/or community schools. Specifically, R.C. 3327.01

provides as follows:

In all city, local and exempted village school districts where resident school pupils
in grades kindergarten through eight live more than two miles from the school for
which the state board of education prescribes minimum standards pursuant to
division (D) of section 3301.07 of the Revised Code and to which they are assigned
by the board of education of the district of residence or to and from the nonpublic
or community school which they attend, the board of education shall provide

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transportation for such pupils to and from that school except as provided in section
3327.02 of the Revised Code.

11. In accordance with this statutory requirement, Groveport Madison provides

transportation for several students attending nonpublic and/or community schools, in addition to

the approximately 5,100 students attending District schools.

12. On or about March 9, 2016, Groveport Madison and Petermann entered into a

transportation agreement (“Agreement”) whereby Petermann was to provide all pupil

transportation services for Groveport Madison, including (but not limited to) the transportation of

students of nonpublic or community schools.

13. On or about May 13, 2020, Groveport Madison and Petermann entered into a First

Addendum to the Transportation Agreement (“Addendum”), which extended the Agreement for a

subsequent term beginning July 21, 2021 and ending June 30, 2024.

14. Throughout the 2021 school year, Petermann has repeatedly failed to provide

satisfactory transportation services in accordance with its obligations under the Agreement, the

Addendum, and Ohio law. Petermann has attributed its failures and deficiencies to driver

shortages caused by the COVID-19 pandemic and related labor disputes.

15. Petermann’s shortcomings have created an unpredictable and ever-changing

transportation environment throughout the 2021 school year, involving reduced and cancelled

routes, often without notice, impacting students of District, nonpublic and community schools.

16. By way of example, in a normal school year Groveport Madison would typically

provide 68 bus routes to transport students of District, nonpublic and community schools, along

with several additional buses and available substitute drivers. For the 2021 school year, Groveport

Madison has been forced to serve the same number (and indeed an increasing number) of students

with only 51 bus routes.

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17. In response to Petermann’s inability to provide satisfactory transportation services,

Groveport Madison has repeatedly and consistently strived to ensure that it meets its statutory

obligation to provide transportation to all students residing within the District, including students

of nonpublic and community schools. These efforts have included altering school schedules and

bus routes, exploring alternative means of transportation, and negotiating directly with Petermann

to obtain the services promised in the Agreement and Addendum.

18. In June 2021, the Ohio General Assembly enacted House Bill 110 (effective as of

September 30, 2021), which added Section 3327.021 and amended the Ohio Revised Code Chapter

3327 as follows:

The department of education shall monitor each city, local, or exempted village
school district’s compliance with sections 3327.01 and 3327.016 and division (B)
of section 3327.017 of the Revised Code. If the department determines a consistent
or prolonged period of noncompliance on the part of the school district to provide
transportation as required under those sections, the department shall deduct from
the district’s payment for student transportation under Chapter 3317 of the Revised
Code the total daily amount of that payment, as computed by the department, for
each day that the district is not in compliance.

19. The Revised Code does not provide a definition of the term “consistent or

prolonged period of noncompliance.”

20. The Ohio Administrative Code does not provide a definition of the term “consistent

or prolonged period of noncompliance.”

21. In October 2021, the ODE published a document entitled “Transportation

Compliance Monitoring Process” (attached as Exhibit 1 hereto), which purports to outline ODE’s

process for enforcement of the newly-enacted R.C. 3327.021. In this publication, the ODE

purports to interpret and define the term “consistent or prolonged period of noncompliance” set

forth in R.C. 3327.021, stating that:

 “Prolonged” is defined as 10 consecutive school days of non-compliance.

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 “Consistent” is defined as 10 total school days of non-compliance.

(Exhibit 1 at page 2.) The term “non-compliance” remains undefined in the Revised Code, Ohio

Administrative Code, or the ODE’s “Transportation Compliance Monitoring Process” publication.

22. The ODE’s “Transportation Compliance Monitoring Process” publication was not

promulgated under the formal rule-making process, and instead constitutes the ODE’s unilateral

interpretation of the Revised Code.

23. Moreover, the process outlined in the “Transportation Compliance Monitoring

Process” publication only provides for a cursory investigation by the ODE before a decision

regarding non-compliance is rendered and deductions are made from a school district’s

transportation funds. The “Transportation Compliance Monitoring Process” does not provide for

a hearing or any other due process considerations before a decision regarding non-compliance is

rendered and deductions are made from a school district’s transportation funds.

24. On December 2, 2021, the ODE issued to Groveport Madison a letter (attached

hereto as Exhibit 2) providing notice that ODE received a “Non-Compliance Investigation

Document” (“NCID”) from Imagine Groveport Community School (“Imagine”), which alleged

transportation non-compliance with respect to students residing within the District and attending

Imagine. In the letter, ODE informed Groveport Madison that “[i]n accordance with the

Compliance Monitoring System established under Ohio Revised Code 3327.02, an investigation

will take place to capture additional information around the transportation services issue.”

25. After receiving the letter, Groveport Madison cooperated fully with ODE to

communicate and provide information, in an effort to both provide clarity and explanation

regarding the transportation crisis affecting Groveport Madison and other school districts, and also

to mitigate the situation and to continue to provide proactive solutions.

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26. However, Groveport Madison was not provided with a meaningful opportunity to

present rebuttal evidence and/or arguments during the ODE’s investigation, nor was it afforded a

hearing prior to any final decision by the ODE.

27. On December 20, 2021, ODE issued to Groveport Madison a letter (attached as

Exhibit 3 hereto) stating that “the Department has determined a finding of non-compliance by

Groveport Madison Local pursuant to Ohio Revised Code (ORC) 3327.021.” The letter further

stated that “the Department has concluded that the district was non-compliant for thirteen school

days and that this constitutes ‘consistent or prolonged’ non-compliance under ORC 3327.021.”

Further, the letter stated “the Department will deduct the total daily amount of the district’s

transportation payment for thirteen days, as required by law.”

28. Enclosed with the December 20, 2021 letter was a “Non-Compliance Investigation

for Groveport Madison Schools as submitted by Imagine Groveport Community School

Investigation Report: December 20, 2021.” (Exhibit 4 attached hereto.) Together with the

December 20 letter, this comprises ODE’s Decision that there was a “consistent or prolonged

period of noncompliance” within the meaning of R.C. 3327.021.

29. Groveport Madison disagrees with and objects to the findings contained within the

Decision, as transportation services were indeed provided to Imagine students for several of the

days identified within the complaint and the Decision.

30. Pursuant to ODE’s Decision, Groveport Madison anticipates that a minimum of

$689,000 (reflecting the daily payment of $53,000 multiplied by thirteen days) will be deducted

from the next scheduled payment of transportation funds on February 4, 2022.

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31. This anticipated payment deduction will result in severe and immediate

consequences to the District, as the funding shortfall will only serve to compound and exacerbate

the transportation crisis that the statute is purportedly designed to address.

32. These consequences will be immediate, irreparable, and not compensable by way

of monetary damages alone, as the deduction of funds will further strain the relationship between

Groveport Madison and Petermann, and deprive Groveport Madison of the assets needed to satisfy

the transportation needs of students residing within the District. Specifically, the deduction of

funding will severely limit the Groveport Madison’s efforts to fund alternative modes of

transportation in order to address the unpredictable and ever-changing transportation environment.

33. Indeed, the most immediate result of ODE’s imminent withholding of funds will be

to make it more difficult for Groveport Madison to provide prompt, timely transportation for its

students, which will become critical during the winter months. If enforced, ODE’s Decision will

leave the District’s students out in the cold.

34. Without an immediate stay of ODE’s Decision—which was predicated on an

arbitrary administrative interpretation of the statute made without proper rule-making authority—

or alternatively a preliminary injunction maintaining the status quo (i.e., Groveport Madison

receives its pending transportation payments in full), Groveport Madison (and the students in the

District) will suffer irreparable harm that no future recoupment of funds will ever remedy.

COUNT ONE: APPEAL OF ODE’S DECISION UNDER R.C. CHAPTER 119

35. Groveport Madison restates the previous allegations set forth in Paragraphs 1

through 34.

36. ODE’s Decision constitutes an “order of an agency” as set forth in R.C. 119.12(C).

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37. ODE’s decision is not supported by reliable, probative, and substantial evidence,

and is not in accordance with the law.

38. Absent a stay of ODE’s decision, Groveport Madison will suffer unusual hardship;

notably, the imminent deduction of transportation funds will further impair Groveport Madison’s

ability to provide transportation to students residing within the District.

39. Therefore, pursuant to R.C. 119.12, Groveport Madison hereby gives notice of this

appeal of ODE’s Decision, and moves that the Court issue an order staying enforcement of ODE’s

Decision pending the outcome of the appeal.

COUNT TWO: DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF

40. Groveport Madison restates the previous allegations set forth in Paragraphs 1

through 39.

41. The statute in question that ODE seeks to enforce, R.C. 3327.021, is

unconstitutional on its face because it is vague and overbroad; specifically,

a. The statute, in using the undefined term “consistent or prolonged period of

noncompliance,” fails to provide a person of ordinary intelligence a reasonable

opportunity to understand the nature and scope of conduct that would rise to a

violation under the statute; and

b. The statute authorizes and indeed encourages arbitrary and discriminatory

enforcement, as has indeed occurred with respect to ODE’s Decision against

Groveport Madison.

42. The statute in question that ODE seeks to enforce, R.C. 3327.021, is also

unconstitutional as applied to the particular facts at bar; specifically,

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a. ODE has unilaterally, and without engaging in the proper rule-making process,

interpreted the statute and adopted an arbitrary standard of ten days to meet the

definition of “consistent or prolonged period of noncompliance;” and

b. ODE has arbitrarily enforced this standard in its investigation of Groveport

Madison, and arrived at a final decision without according Groveport Madison

with any meaningful procedural due process.

43. The enactment and enforcement of R.C. 3327.021, both on its face and as applied,

infringes upon Groveport Madison’s constitutional right to due process.

44. The constitutionality of the enactment and enforcement of R.C. 3327.021 is a real

and justiciable controversy between Groveport Madison and ODE.

45. Speedy resolution of this controversy is necessary in order to preserve the rights of

Groveport Madison.

46. Therefore, pursuant to R.C. 2721.03, Groveport Madison asks this Court for a

declaratory judgment that the statute, R.C. 3327.021, is unconstitutional on its face and/or as

applied.

47. Furthermore, enforcement of the statute against Groveport Madison, by virtue of

ODE’s Decision and imminent deduction of transportation funds, will cause immediate,

irreparable harm to Groveport Madison, to which there is no adequate remedy at law.

48. Preliminary and permanent injunctive relief is therefore needed to preserve the

status quo; that is, to ensure that Groveport Madison receives its expected transportation funding

in full so it can continue to provide transportation services to students within the District.

49. Injunctive relief is in the public interest, as it will allow for the proper, expected

expenditure of public funds and promote continued transportation of students within the District.

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WHEREFORE, Groveport Madison respectfully requests this Court enter the following

relief:

A. That the Court accept and adjudicate this appeal of ODE’s Decision, and in so

doing:

i. Stay enforcement of the Decision pending the outcome of this appeal; and

ii. Find that the Decision is not supported by reliable, probative and substantial

evidence, and is not in accordance with the law;

B. Alternatively, grant a declaratory judgment finding that R.C. 3327.021 is unconstitutional

on its face and as applied;

C. Grant preliminary and injunctive relief preserving the status quo and prohibiting

enforcement of ODE’s Decision predicated on an unconstitutional statute; and

D. Award Groveport Madison’s reasonable attorneys’ fees, costs of suit, and such other relief

that the Court finds appropriate.

Respectfully submitted,

/s/ Timothy A. Kelley

Loriann E. Fuhrer (0068037)
Timothy A. Kelley (0088362)
Matthew M. Zofchak (0096279)
KEGLER, BROWN, HILL + RITTER
65 East State Street, Suite 1800
Columbus, Ohio 43215
T: (614) 462-5484 / F: (614) 464-2634
[email protected]
[email protected]
[email protected]
Counsel for Groveport Madison

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OFFICE OF FIELD SERVICES AND TRANSPORTATION

1
Transportation Compliance Monitoring Process
Ohio law requires the Ohio Department of Education to monitor each city, local and exempted village school
district’s compliance with the pupil transportation requirements outlined in Ohio Revised Code 3327.01,
3327.016 and division (B) of 3327.017.
To carry out this requirement, the Department’s Office of Field Services and Transportation is using a new
compliance monitoring system. A module specific to transportation compliance currently is being developed
and will allow school districts to access monitoring documents beginning April 1, 2022. These documents will
be used by the Office of Field Services and Transportation to determine if school districts are in compliance
with relevant sections of ORC.

Completion of the List of Assurances

Each year by Aug. 1, school districts will be required to complete the List of Assurances following the
completion of their transportation routing plans. The List of Assurances requires the school district to review
the relevant transportation requirements outlined in state law and confirm that the district will meet its
obligations for the upcoming school year. The transportation director and superintendent or treasurer will be
required to sign the document. The following sections will be monitored for compliance by the Ohio Department
of Education.

ORC 3327.01
• Districts provide transportation to eligible K-8 students who live more than two miles from the schools
they attend:
o Unless transportation is declared impractical, and the student’s parent or guardian is offered
payment in lieu pursuant to ORC 3327.02;
o Unless a K-8 community school or chartered nonpublic school student lives more than a 30-
minute drive from the school the student would attend if the student were attending the district of
residence.
• Districts of residence provide transportation from the public high school to the joint vocational school
district or compact agreement career-technical education program (collectively, these are referred to as
career technical planning districts or CTPDs) if this transportation is part of the CTPD plan submitted
under ORC 3313.90.
• Districts provide transportation for eligible community school and chartered nonpublic school students
each day the school is open, regardless of whether the district is open, except for Saturdays and
Sundays unless there is an agreement between the district and community school or chartered
nonpublic school.
• Districts provide transportation to all children who are so disabled that they are unable to walk to and
from school.
• Districts provide transportation to students with disabilities in accordance with State Board of Education
operating standards as outlined in OAC 3301-51-10.
• The district’s time schedule must be adopted and in effect no later than 10 days after the beginning of
the school term.
• Districts must deliver eligible students to their respective school buildings no earlier than 30 minutes
prior to the start of school and pick up students no later than 30 minutes after school ends.
• Payment for transportation must first come out of applicable federal funds and then state funds.
• Districts cannot discriminate in the selection of pupils, faculty, or employees on grounds of race, color,
religion, or national origin.

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Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Dec 29 12:30 PM-21CV008011

ORC 3327.016
• Districts that receive start and end times from community schools and chartered nonpublic schools by
April 1 prior to the school year for which they are effective must use the start and end times to develop
transportation plans, including routes and schedules, for eligible students and provide the plans to
community schools and chartered nonpublic schools within 60 days of receiving the start and end
times.
• Districts that receive start and end times from community schools and chartered nonpublic schools after
April 1 but before July 1 prior to the school year for which they are effective must attempt to provide
transportation plans, including routes and schedules, for eligible students by Aug. 1.
• For any eligible student enrolled after July 1, the district must develop a transportation plan, including
routes and schedules, within 14 days of receiving a request for transportation services from the
student’s parent or guardian.

ORC 3327.017(B)
• Districts cannot use mass transit as a means to transport eligible community school or chartered
nonpublic school students in grades K-8 unless the district enters into an agreement with the school
authorizing such transportation.

The List of Assurances will contain the above language and will be accessible through the Transportation
Compliance Module which will be available to districts beginning April 1, 2022. It must be submitted by Aug. 1
to the Office of Field Services and Transportation and retained for that school year.

Parent or School Complaint Process

The Office of Field Services and Transportation will monitor transportation-related complaints and concerns. A
Non-Compliance Investigation Document is available to formally report complaints. This document is available
on the Department’s website.

The Office of Field Services and Transportation will address complaints or concerns in the following manner:
A. Parents or community or nonpublic schools may submit complaints by completing and submitting the
Non-Compliance Investigation Document by email to [email protected].
The Non-Compliance Investigation Document identifies the specific legal requirements with which the
district may be out of compliance.
B. Upon written submission, the Office of Field Services and Transportation will review the information
provided and contact via email all individuals and schools involved within three business days. The
Office of Field Services and Transportation will make appropriate phone calls and gather necessary
information to determine if the school district may be out of compliance with the above-mentioned Ohio
Revised Code sections. The Office of Field Services and Transportation will review all pertinent
information measured against the standard for consistent or prolonged non-compliance and determine
if a school district is out of compliance or not within 10 business days.
• “Prolonged” is defined as 10 consecutive school days of non-compliance.
• “Consistent” is defined as 10 total school days of non-compliance in any given semester.

C. The Office of Field Services and Transportation will review the Non-Compliance Investigation
Document to determine if the information provided, and any additional information compiled from the
investigation (such as phone calls or emails), meets the criteria for non-compliance of transportation
responsibilities as referenced in ORC 3327.01, 3327.016 and division (B) of 3327.017.

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Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Dec 29 12:30 PM-21CV008011

D. The Non-Compliance Investigation Document will be marked accordingly as follows:

• No Evidence of Non-Compliance – This means the complaint or concern does not violate
ORC 3327.01, 3327.016 or division (B) of 3327.017.
• Non-Compliance – This means the complaint or concern is confirmed and the district has failed
to meet one or more of ORC 3327.01, 3327.016 or division (B) of 3327.017.

E. For non-compliance to be determined, the following details will be analyzed from the Non-Compliance
Investigation Document:
• Written submission of non-compliance to the Department (Refer to Section 2B to determine if
this document is eligible to be completed):
1. What date did the non-compliance start?
2. How long has the non-compliance been taking place?
3. Is there a current resolution in place?
4. Is a Pupil Transportation Compliance Monitoring Review Required?

F. Specific communication with the school district Superintendent or designee will take place to review the
findings and next steps.

3. If there is a finding of non-compliance for a consistent and prolonged period of time, the Office of Field
Services and Transportation will submit to the Office of Budget and School Finance the number of days
that shall be deducted from the school district’s transportation funds in accordance with ORC 3327.021.

A letter detailing the reason for the determination of non-compliance, along with the specific dates and
times, will be sent to the school district superintendent and treasurer with notification of the reduction in
transportation funds. A copy of the letter will be retained by the Office of Field Services and Transportation.

4. Any district that is found to be non-compliant may be required to undergo additional review. The district
may be required to complete the Pupil Transportation Compliance Monitoring Review document. This
document will allow the Office of Field Services and Transportation to review detailed compliance
processes and best practices to identify any additional issues.

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Mike DeWine, Governor

Dr. Stephanie K. Siddens, Interim Superintendent of Public Instruction

December 20, 2021

Garilee Ogden, Superintendent

Groveport Madison Local
4400 Marketing Pl Ste B
Groveport, OH 43125

NCID Reference #: NCID-23-11/2021 (F-Y)

RE: Transportation Services for Groveport Community School

Dear Ms. Ogden:

The Ohio Department of Education (the Department) Office of Field Services and
Transportation received the attached Non-Compliance Investigation Document (NCID)
regarding transportation services between Groveport Community School and Groveport
Madison Local. Based on information provided by the complainant and the district, the
Department has determined a finding of non-compliance by Groveport Madison Local pursuant
to Ohio Revised Code (ORC) 3327.021.

This determination was reached following an investigation by the Department’s Office of Field
Services and Transportation including interviews with the complainant school, outreach to staff
at Groveport Madison Local and review of materials and documentation provided. Specifically,
the Department has determined that the district has not complied with its responsibility to
transport eligible students under ORC 3327.01. This section requires, in part:

In all city, local, and exempted village school districts where resident school pupils in
grades kindergarten through eight live more than two miles from the school for which the
state board of education prescribes minimum standards pursuant to division (D) of
section 3301.07 of the Revised Code and to which they are assigned by the board of
education of the district of residence or to and from the nonpublic or community school
which they attend, the board of education shall provide transportation for such pupils to
and from that school except as provided in section 3327.02 of the Revised Code.

Based on the information gathered during the investigation, the Department has concluded that
the district was non-compliant for thirteen school days and that this constitutes “consistent or
prolonged” non-compliance under ORC 3327.021. As a result, the Department will deduct the
total daily amount of the district’s transportation payment for thirteen days, as required by law.
The Department’s Office of Budget and School Funding will follow up with the financial impact of
this non-compliance. Funding will be deducted over the course of the remaining payments in the
fiscal year.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Dec 29 12:30 PM-21CV008011

If you have any questions regarding this matter, please contact the Director of Field Services
and Transportation at (614) 254-3052 or [email protected].

Sincerely,

Dr. David A. Bowlin, Director of Field Services and Transportation

CC: File

Julie Simmons, Assistant School Leader, Groveport Community School

Dan Griscom, Area Coordinator, Office of Field Services
Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Dec 29 12:30 PM-21CV008011

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Mike DeWine, Governor
Dr. Stephanie K. Siddens, Interim Superintendent of Public Instruction

Non-Compliance Investigation for Groveport Madison Schools as

submitted by Imagine Groveport Community School
Investigation Report: December 20, 2021
 

The Ohio Department of Education received a Non-Compliance Investigative

Document NCID #23-11/2021(F-Y) via email from Imagine Groveport Community School on
12/1/2021. Julie Simmons with Groveport Community School submitted the document to the
office. The document outlined the issue she feels that Groveport Madison schools failed to
provide transportation on December 1, 2021. Petermann bus services left a message at
8:46pm on November 30, 2021, stating that they have a driver shortage problem they are
working to fix and that all routes for Imagine Groveport Community School would be cancelled
for December 1, 2021.
With the cancellation of all of the buses that service Imagine Groveport Community School it
forced the community school to close the building for the day due to not having transportation
services for their students.
On December 6, 2021, Jason Heilman, Program Administrator in the department office of Pupil
Transportation, sent an email to Ms. Julie Simmons asking her for more information about the
complaint. It was asked that Ms. Simmons submit dates of non-compliance along with the
number of eligible students along with the grade level of the students affected by services not
being provided for the day. The email requested the information be submitted to the office by
December 8, 2021, at 12:00pm to review.
Ms. Julie Simmons submitted the information back to the department December 7, 2021, at
3:20pm with a pdf spreadsheet of dates of non-compliance with transportation services from
Petermann Bus services and Groveport Madison. The spreadsheet indicated that there are 14
days of non-compliance services with Groveport Madison schools. The dates that were
submitted as days of non-compliance are October 1, 4, 5, 22, November 8, 10, 12, 15, 16, 17,
30, December 2, 3, and 7, 2021. On December 1, 2021, Groveport Community school had to
close school due to no transportation services from the bus company.
On December 6, 2021, Jason Heilman, Program Administrator in the department office of Pupil
Transportation, sent an email to Pamela Cheadle, transportation supervisor for Petermann bus
services, Petermann is the contractor that provides transportation services for Groveport
Madison Schools. The email requested information of routes not being covered on December 1,
2021, causing Imagine Groveport Community School to close for the day. The email requested
the information be submitted to the office by December 8, 2021, at 12:00pm to review.
On December 6, 2021, the department received an email from Pamela Cheadle that she is no
longer the contact person for the Groveport Madison account. She shared that the contact
person is at this email [email protected]. On Wednesday December 8, 2021,
at 8:57am, I sent an email inquiry to [email protected] and requested the
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data information to the department by December 9, 2021, 12:00pm. The department did not
receive the information from this contact. On Friday December 10, 2021, at 8:12am an email
was sent to superintendent Garilee Ogden requesting a response to the dates of non-
compliance. In the email to the superintendent the specific dates were listed. The information
was requested by close of business December 10, 2021. As of 12:00pm December 13, 2021,
the department has not heard a response from anyone at Groveport Madison in reference to the
dates of non-compliance.
Monday December 13, 2021, I made phone contact with Superintendent Ogden, and she
informed me that I needed to discuss the matter with the Assistant Superintendent Jamie
Grube. Superintendent Ogden stated that he was in a meeting at the moment and that she
would get him a message to call me this afternoon. I informed Superintendent Ogden that as of
now Groveport Madison is looking at 15 days of non-compliance of transportation services.
These days of non-compliance may result in the district being withheld funding of approximately
$176,000. I shared with Superintendent Ogden that I had to close out my report by Wednesday
December 15, 2021. Assistant Superintendent James Grube called on December 13, 2021, at
1:49pm to inquire about the complaint document. I forwarded him the dates that was sent On
December 10, 2021, to Superintendent Ogden for review.
Wednesday December 15, 2021, the department received an email communication from Nick
Voisard, Director of Business Development, Petermann Transportation Company. The email
stated that the school was out of compliance for all, but two days submitted on the NCID
document. The two days that transportation was provided for students according to Nick are
November 10, 2021, and December 2, 2021.
After reviewing that documentation submitted to the office of Pupil Transportation it was
determined that Groveport Madison Schools was not in compliance with ORC 3327.01. It is
determined that Groveport Madison Schools had 13 days of non-compliance October 1, 4, 5,
22, November 8, 12, 15, 16, 17, 30, December 1, 3, 7, 2021 for not providing transportation
services to eligible students attending Groveport Community School IRN 008287.