4/7/2014 Gmail - Fwd: your Feb 7 records request

https://mail.google.com/mail/u/0/?ui=2&ik=07081fd0d8&view=pt&search=inbox&msg=1451f03bf26d10fc&siml=1451f03bf26d10fc 1/3
Terra Goodnight <terra.goodnight@gmail.com>
Fwd: your Feb 7 records request
Janetta King <janettaking@gmail.com> Tue, Apr 1, 2014 at 4:38 PM
To: Terra Goodnight <terra.goodnight@gmail.com>
This is from ODE... Feel free to upload so its all in one place
Sent from my iPhone
Begin forwarded message:
From: Brian <brian@brianjhoffmanllc.com>
Date: March 4, 2014, 10:56:15 AM EST
To: Janetta King <janettaking@gmail.com>, Steve Dyer <msdyer923@gmail.com>, Sandy Theis
<sandy.theis@gmail.com>
Subject: Fwd: your Feb 7 records request
Sent f rom my Verizon Wireless 4G LTE smartphone
-------- Original message --------
From: "Casey, P.R."
Date:03/04/2014 10:48 AM (GMT-05:00)
To: brian@brianjhoffmanllc.com
Subject: your Feb 7 records request
Mr. Hoffman,

On February 7, 2014 you submitted a request for public records to the Ohio Department of
Education (ODE). Specifically you requested information about Horizon Academy schools
which operated from 2011-2012, and Horizon Academy schools which applied to operate
during that time. For clarity, I will state your specific questions along with the answer to each
question below:

1) All contracts between the Ohio Department of Education ("ODE") and sponsors of a
"Horizon Academy" charter school, including contracts that were approved and contracts that
were rejected;
4/7/2014 Gmail - Fwd: your Feb 7 records request
https://mail.google.com/mail/u/0/?ui=2&ik=07081fd0d8&view=pt&search=inbox&msg=1451f03bf26d10fc&siml=1451f03bf26d10fc 2/3
Attached please find ODEs sponsorship agreement with Buckeye Community Hope
Foundation, one of the two sponsors of the Horizon and Noble schools.

2) Any "needs assessment" and/or "interest assessment" conducted by any relevant party in any
geographic area prior to the opening or contemplated opening of a "Horizon Academy" charter
school;

This request is overly broad and does not specify the particular records you would like to
receive. Ohio law provides that a requestor has the duty to identify the records * * * wanted
with sufficient clarity. State ex rel. Dillery v. Icsman (2001), 92 Ohio St.3d 312, 314.
Furthermore, a governmental office has no duty to seek out and retrieve those records which
would contain the information of interest to the requester. State ex rel. Fant v. Tober, No.
63737, 1993 Ohio App. LEXIS 2591 at *4 (8th Dist. Apr. 28, 1993); affd 68 Ohio St. 3d
117 (1993). That is, a public office is under no obligation to search for records containing
selected information. State ex rel. Thomas v. Ohio State University (1994), 71 Ohio St. 3d
245. Furthermore, the law does not contemplate that any individual has the right to a
complete duplication of voluminous files kept by government agencies. State ex rel. Warren
Newspapers, Inc. v. Hutson, 70 Ohio St.3d 619, 624 (1994); see also, State ex. rel. Glasgow
v. Jones, 119 Ohio St.3d 391 (2008). For these reasons, please attempt to narrow your
request by indicating the specific records you are requesting.
3) Any correspondence between any ODE official and any Horizon Academy employee or
independent contractor, or employee or independent contractor of any Horizon Academy
sponsor documenting deficiencies in any Horizon Academy application;
This request is overly broad and does not specify the particular records you would like to
receive. Please attempt to narrow your request by indicating the specific records you are
requesting.
4) Any reports or documents generated pursuant to any on-site visit conducted by any
Horizon Academy sponsor or ODE official to any Horizon Academy site or contemplated site;
There are no responsive public records for this request.

Please do not hesitate to contact me should you have any questions.

P.R. Casey IV
Chief Legal Counsel
4/7/2014 Gmail - Fwd: your Feb 7 records request
https://mail.google.com/mail/u/0/?ui=2&ik=07081fd0d8&view=pt&search=inbox&msg=1451f03bf26d10fc&siml=1451f03bf26d10fc 3/3
Ohio Department of Education

25 South Front Street, MS 707| Columbus, Ohio 43215-4183
(614) 995-5927 | (877) 644-6338 | 614-466-4705
p.r.casey@education.ohio.gov
education.ohio.gov

ODE_Signature_image

PLEASE NOTE: This message and any response to it may constitute a public record, and
therefore may be available upon request in accordance with Ohio public records law. (ORC 149.43)
BCHF Sponsor Agreement 2010.pdf
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