Class Act: Updates in Education Law

In this last episode of Season Six, join Christina, Miriam, and Lisa for an insightful discussion about the guidance issued by the Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS). This episode focuses on legal issues commonly arising when disciplining students with disabilities under the IDEA or Section 504. We will be back for Season Seven in Spring of 2023 and we can't wait to share our fabulous line up of cutting-edge education law issues with you. Have a wonderful holiday and fabulous winter break!

Every day, school district board members, administrators, and staff make critical judgment calls about student misconduct and subsequent discipline. What are the procedural and substantive due process rights that all students must receive for discipline to be upheld by a court or other reviewing body? What kind of notice must be given to the student and the student's parents? What are the most common mistakes school districts make and how do these errors affect subsequent proceedings? Join Christina, Lisa, and Miriam for a timely conversation about what to keep in mind in assessing misconduct, and issuing or reconsidering discipline for all students. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:https://www.walterhav.com/professional/christina-henagen-peerhttps://www.walterhav.com/professional/lisa-h-woloszynek/https://www.walterhav.com/professional/miriam-fair/

What happens if a public school teacher posts unfavorable comments about her school district on Facebook? What about a professor whose political commentary makes some students uncomfortable? When are these expressions protected by the First Amendment's free speech clause and when do they cross the line into a disciplinary matter? Join Christina, Lisa, and Miriam for a refresher on the First Amendment's application to public employees' speech in the school and postsecondary contexts. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:https://www.walterhav.com/professional/christina-henagen-peerhttps://www.walterhav.com/professional/lisa-h-woloszynek/https://www.walterhav.com/professional/miriam-fair/

This summer, the United States Supreme Court decided the Kennedy v. Bremerton case, which addressed a high school coach's First Amendment rights in praying after football games. Join Christina, Lisa, and Miriam for an in-depth analysis of this controversial decision and a look at possible implications for school districts across the country. This episode delves into the background of the decision, basic First Amendment principles, and what school districts should consider in addressing staff religious activity on school grounds. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:https://www.walterhav.com/professional/christina-henagen-peerhttps://www.walterhav.com/professional/lisa-h-woloszynek/https://www.walterhav.com/professional/miriam-m-pearlmutter/

The Family Education Rights and Privacy Act seems pretty straightforward: Maintain confidentiality and produce records to parents or adult students. But what happens when a record, like a video, includes information about more than just one student? What is the procedure when the requesting party is an attorney or a police officer? What about parents who want to observe their children's in-person or virtual classes? Join Christina, Lisa, and Miriam as we discuss your top FERPA questions and consider how school districts across the country are addressing challenging situations that may implicate student privacy rights. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:https://www.walterhav.com/professional/christina-henagen-peer/https://www.walterhav.com/professional/lisa-h-woloszynek/https://www.walterhav.com/professional/miriam-m-pearlmutter/

As most school administrators know, the McKinney-Vento Homeless Assistance Act requires districts to immediately enroll students who are experiencing homelessness to ensure educational continuity and minimize disruption to learning. But what happens when a district is not sure whether a student meets the definition of homelessness? And what are the next steps if the family doesn't agree about which school the student should attend? Whose obligation is transportation and does it matter how far away the school is located? Join Christina, Lisa, and Miriam, as we discuss the history and basics of McKinney-Vento and touch upon some of the challenges that schools face in implementing this important federal law. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:https://www.walterhav.com/professional/christina-henagen-peer/https://www.walterhav.com/professional/lisa-h-woloszynek/https://www.walterhav.com/professional/miriam-m-pearlmutter/

In the second episode of a two-part series on special education basics, Christina, Lisa, and Miriam discuss individualized education programs, free appropriate public education, and least restrictive environment. This episode is especially appropriate for new Board members and administrators, as well as anyone who may enjoy a refresher on the basics of the Individuals with Disabilities Education Improvement Act.Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:https://www.walterhav.com/professional/christina-henagen-peer/https://www.walterhav.com/professional/lisa-h-woloszynek/https://www.walterhav.com/professional/miriam-m-pearlmutter/

Welcome to the sixth season of Class Act! Today's episode presents a general overview of special education law, including a bit of historical background and a discussion about evaluations, eligibility, and Child Find. This episode is especially appropriate for new Board members and administrators, as well as anyone who may enjoy a refresher on the basics of the Individuals with Disabilities Education Improvement Act. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:https://www.walterhav.com/professional/christina-henagen-peer/https://www.walterhav.com/professional/lisa-h-woloszynek/https://www.walterhav.com/professional/miriam-m-pearlmutter/

As school districts begin to implement the revised 2020 Title IX regulations for complaints of sexual harassment or violence, many administrators are facing numerous practical challenges. For example, how does the Title IX process integrate with state laws relating to suspensions and expulsions? What about a Title IX investigation involving an employee entitled to various due process rights? Join Miriam, Lisa, and Sara for a timely refresher on Title IX, sexual misconduct investigations, and complicated situations administrators are facing in 2022. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:https://www.walterhav.com/professional/sara-g-katz/https://www.walterhav.com/professional/lisa-h-woloszynek/https://www.walterhav.com/professional/miriam-m-pearlmutter/ 

Even as the New Year begins, school districts are still dealing with challenging pandemic issues. This episode takes a look at one of the most controversial pandemic outcomes : mask mandates in schools. Whether your board is mandating masks on school grounds or allowing parents and employees to make their own decisions, there are important considerations to keep in mind, including students or staff members who may need accommodations one way or the other, due to disabilities, for example. Join Lisa, Sara, and Miriam for a great conversation about mask mandates in schools and how courts are responding to legal challenges. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:https://www.walterhav.com/professional/sara-g-katz/https://www.walterhav.com/professional/lisa-h-woloszynek/https://www.walterhav.com/professional/miriam-m-pearlmutter/ 

Combative, hostile, and sometimes even violent school board meetings are all over the news these days. School board members increasingly face displeased parents and other community members who want to share their views and opinions on controversial and difficult topics. Although a respectful exchange of ideas is the very goal of public participation, this noble objective seems more out of reach today than ever. How can school boards limit aggressive and inappropriate speakers while respecting the First Amendment rights of participants? What important steps can the board take in advance of meetings to assist in maintaining respectful decorum? What is viewpoint discrimination and how can it be avoided? Join Lisa, Sara, and Miriam for a closer look at how school boards can plan for and proactively address public meetings during these contentious times.Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:https://www.walterhav.com/professional/sara-g-katz/https://www.walterhav.com/professional/lisa-h-woloszynek/https://www.walterhav.com/professional/miriam-m-pearlmutter/ 

Lisa and Miriam discuss the recent Ohio Supreme Court ruling in Gabbard v. Madison, which is a case about whether Ohio school employees may carry weapons without full law enforcement training. The idea of teachers carrying weapons in school may seem either completely reasonable or totally irrational, but it is certainly a timely topic for all school board members, administrators, and staff. This episode explores the specific circumstances that led one school district to consider arming its staff, how the community responded, and what the Ohio Supreme Court held.Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:https://www.walterhav.com/professional/miriam-m-pearlmutter/ https://www.walterhav.com/professional/lisa-h-woloszynek/

On the heels of our previous discussion about transgender students' rights in schools, this episode is about the rights of teachers and professors who have strong religious objections to using students' preferred pronouns. Professor Meriwether was fired after he declined to use a student's preferred pronouns, eventually leading to a lawsuit against his former employer. Join Lisa, Miriam, and Elizabeth as we take a deep dive into Meriwether v. Hartop, a fascinating case out of the Sixth Circuit that offers  insight into the complicated and nuanced legal issues that arise when civil rights collide. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/elizabeth-l-bolduc/   https://www.walterhav.com/professional/lisa-h-woloszynek/   https://www.walterhav.com/professional/miriam-m-pearlmutter/

The rights of transgender students is a controversial topic that more and more school districts are facing these days. From name changes to restroom usage and privacy concerns, school administrators are often asked to decide questions that may be novel and challenging for them. Join Lisa, Elizabeth, and Miriam to discuss recent legal developments in this area, including a discussion about a June, 2021 notice from the Office for Civil Rights and important case law out of the Sixth Circuit. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/elizabeth-l-bolduc/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

When Brandi Levy shared a profanity-laced snap after failing to make the varsity cheer team, she probably wasn't envisioning the start of a dispute that would ultimately be decided by the United States Supreme Court.  But after the school district suspended Brandi from cheer, her parents  filed a lawsuit that would culminate in one of the most important free speech decisions of the last several decades. Join Lisa, Elizabeth, and Miriam to discuss off-campus speech and when school districts can discipline students for expression that takes place at home, over the weekend, and away from school grounds. Although First Amendment conflicts are nuanced and fact-specific, we will lay out the general contours of discipline for on and off campus speech and also address how the Mahanoy Area School District v. B.L. decision affects the changing landscape of student rights. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:   https://www.walterhav.com/professional/elizabeth-l-bolduc/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Like staff and students, parents can have bad days too. But sometimes their conduct crosses a line, leading school administrators to wonder if they can ban hostile or aggressive parents from school grounds altogether. What should school districts consider before taking such a drastic step? What sort of legal challenges can boards anticipate when parents are restricted from school buildings and how can administrators place their districts in the best possible position to have their decisions upheld by a court or agency? Join Lisa, Megan, and Miriam to discuss best legal practices in handling difficult conflicts with badly-behaving parents. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/megan-e-greulich/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

In this episode, Megan, Lisa, and Miriam discuss AJR v. Lute, a fascinating kindergarten bullying case recently decided by the Ohio Supreme Court.  What happened here?  How did these five year olds end up in litigation before the highest court in the state?  How did the lower courts hold, what did the Ohio Supreme Court decide, and most importantly, what can school districts learn from this chain of events? Join us for a candid discussion of how schools can address bullying in a way that not only helps students, but also minimizes school boards' legal liability. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/   We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/megan-e-greulich/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/  

Back in January, we started our discussion of the First Amendment by considering school staff and limits on their speech in a school setting.  Today we continue this conversation by looking at students' Free Speech rights and under what circumstances boards of education can discipline students for their speech. Join Lisa, Megan, and Miriam for a fascinating discussion of on-campus and off-campus speech, as well as what standards apply to each set of circumstances.  Also we offer a sneak peek at the upcoming Supreme Court case on student speech out of the Third Circuit! Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/megan-e-greulich/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

The coronavirus vaccine is here and some states, like Ohio, are prioritizing school staff in their immunization schedules. Some school districts may even be considering mandatory vaccines for their employees.  Is this legally advisable?  What about employees who cite religious or health-related reasons for refusing the vaccine? Join Megan Greulich, Lisa Woloszynek, and Miriam Pearlmutter for a thorough and frank conversation about mandatory vaccine programs and important pitfalls to avoid as you consider your district's options. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/megan-e-greulich/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Welcome to our Fifth Season!  In light of recent socio-political events, you may be wondering about your school staff's free speech rights.  What does the First Amendment cover?  What kind of speech is actually protected by the Constitution? When should school boards be cautious about disciplining a teacher for his or her speech? Is water cooler gossip protected by free speech principles? What about criticism of the Board or other staff? How about social media posts? The answers may surprise you. Join Christina, Lisa, and Miriam for a timely and nuanced look at the First Amendment and how it applies to your school district's employees. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Happy New Year!  For the last episode of Season 4, Christina, Lisa, and Miriam discuss emerging case law related to the pandemic.  Did school districts violate federal law by closing buildings in compliance with state orders issued in Spring of 2020?  How do hearing officers and state agencies respond to parents who claim their children have been denied a free appropriate public education when schools moved to remote learning? Is transferring a child to online instruction a change of placement requiring parental consent under the IDEA?  Join us for an initial glimpse into how courts and other decision-makers analyze special education complaints related to the coronavirus pandemic. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

This past summer, the federal Department of Education issued updated regulations for school districts and universities faced with sexual harassment or sexual violence complaints. Christina, Lisa, and Miriam discuss the initial guidelines, what prompted their rescission, and the changes described in the revised regulations. When a complainant reports an incident of sexual harassment or violence, school districts now have a detailed step-by-step process to follow in investigating the grievance and coming to a determination about responsibility.  Join us for an in-depth look at what these revised regulations mean for school administrators and the challenges your district may face in amending policies, updating practices, and training your team. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Remote learning - an option many schools are implementing during the COVID-19 pandemic - undoubtedly comes with its own set of challenges.  How should districts address attendance when students fail to log in or turn on their video? What happens when children simply cannot access the district's platforms or technology, due to wifi problems, equipment issues, or other logistical difficulties? What if a family opts for in-person learning, but then wants to switch mid-semester?  Are students expected to follow the code of conduct when learning in pajamas at the dining room table? Join Attorneys Christina Peer, Lisa Woloszynek, and Miriam Pearlmutter for a discussion of some frequently asked questions we receive about remote learning during this ongoing pandemic.  School districts face unprecedented challenges at this time and we are here to help talk through  these issues with you! Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Although this podcast episode was recorded pre-pandemic, it is more relevant than ever in these challenging times.  We all make mistakes and school district employees are no exception.  How should administrators and decision-makers handle human error affecting children and families? What if the mistake turns out to be willful neglect or even insubordination?  Are there good ways to let parents know about the incident and how the district plans to respond to ensuing concerns?  Join Christina Peer and Miriam Pearlmutter for a look at several real-world examples of staff misconduct that school districts addressed quickly and comprehensively for a positive outcome. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Recorded before the pandemic, this episode explores manifestation determination reviews for special education students whose misbehavior violated their school's code of conduct. Join Christina and Miriam for a look at how these MDR decisions are made, why these meetings are important, and what common challenges special education teams encounter in contentious situations. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

In this episode, recorded before the pandemic, Christina and Miriam discuss a complicated and sensitive topic: parents who are registered as sex offenders, but still have various rights when it comes to participating in their own children's education.  How should a district respond if a registered offender wants to attend his or her child's classroom birthday party? What about a parent offender who wants to attend public Board meetings?  And who should be made aware of the parent's status as a sex offender? After a brief review of federal laws related to sex offender registration, Christina and Miriam address these and other challenging questions that administrators must navigate in these complex circumstances. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Recorded before the COVID-19 pandemic, this episode highlights some of the more interesting education law cases decided by appellate courts in 2019.  Christina and Miriam summarize judicial rulings and discuss child abuse reporting, retaliation claims, MDR mistakes, and a restraint-and-seclusion case out of the 5th Circuit. Join us for a leisurely and informative look back at 2019! Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/  

Team decisions about Extended School Year services can be complicated in a regular school year, all the more so during this Coronavirus pandemic. Many school districts are still closed but parents may be expecting in-person ESY services. Join Christina Peer, Miriam Pearlmutter, and Lisa Woloszynek as we discuss ESY decisions, recovery services, and what to keep in mind as your district contemplates fall re-opening scenarios. We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Team decisions about Extended School Year services can be complicated in a regular school year, all the more so during this Coronavirus pandemic. Many school districts are still closed but parents may be expecting in-person ESY services. Join Christina Peer, Miriam Pearlmutter, and Lisa Woloszynek as we discuss ESY decisions, recovery services, and what to keep in mind as your district contemplates fall re-opening scenarios. We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Well, this last quarter of the 2019-2020 school year has certainly been unusual! Students are adjusting to distance learning while districts are troubleshooting and problem-solving in innovative, creative ways. Christina Peer joins Lisa and Miriam to talk about how special education has - and has not - changed in the era of coronavirus distance learning. We also discuss privacy concerns arising as children connect from home and how to address graduation ceremonies during this COVID-19 pandemic. We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

In this second episode of our two-part series on school districts' obligations in light of the emerging COVID-19 pandemic, we take a look at your top legal questions relating to school staff. Lisa and Miriam are joined by Susan Keating Anderson, a partner at Walter Haverfield who advises school districts as to labor and employment issues.  We talk about some of the critical questions faced by school districts as they close buildings and make difficult employment decisions: Are staff required to report in some way if a building is closed and students are learning from home?  What should districts keep in mind when determining whether employees should be asked to work remotely? Are hourly workers and salaried employees to be treated differently in this circumstance? In addition to the above issues, we also touch upon board meetings and public participation concerns. Join Susan Keating Anderson, Lisa Woloszynek and Miriam Pearlmutter for a remotely-recorded episode exploring these and other timely district questions. We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/susan-keating-anderson/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

As the COVID-19 pandemic shuts schools across the country, many districts are looking for guidance in uncertain times. What obligations do schools have to students and families when buildings are closed?  How can special education needs be addressed when children are logging on from home? Does the FERPA health emergency exception apply to disclosing confidential information if a student tests positive for the virus? Join Christina Peer, Lisa Woloszynek and Miriam Pearlmutter for a remotely-recorded episode exploring these and other timely district questions. We will discuss general concerns for schools that remain open, as well as issues arising when districts close their buildings. We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

You probably know that parents of special education students are entitled to an Independent Educational Evaluation if they disagree with an evaluation conducted by the school district.  But what happens if a parent's proposed IEE is expensive or far away or is conducted by unqualified individuals?  Does the school still need to fund that kind of request? How long after an evaluation can a parent request an IEE and does she need to offer any kind of explanation for her dissatisfaction with the district's assessments? Join Lisa Woloszynek, Miriam Pearlmutter, and John Moenk, a law clerk and former school administrator, in exploring these questions as well as others we frequently receive about IEEs. We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

What is a functional behavior assessment? When is one required?  How is this different from a Behavior Intervention Plan?  Lisa and Miriam are joined by John Moenk, a law clerk and former school administrator, to discuss what federal law mandates when it comes to students with behavioral challenges. School administrators address misconduct on a daily basis, but some districts are more proactive and successful while others continue to struggle. This episode focuses on how to develop and implement behavior intervention plans (including conducting FBAs) that are meaningful and effective as opposed to perfunctory and redundant. We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/  

Happy Thanksgiving!  In today's episode, Lisa and Miriam are joined by John Moenk, our law clerk, to discuss common difficulties in preparing Individualized Education Programs (IEPs) for students with special education needs.  The IEP document reflects a school district's legal obligation to provide qualifying students with a free appropriate public education in their least restrictive environment.  But what does that really mean?  How should a team draft IEP goals and objectives?  What exactly needs to be included in the Present Levels of Performance Section and why?  What long term concerns should your teams be considering in determining a child's mastery levels, data collection methods, specially-designed instruction, and ways to measure progress? Join us for an insightful conversation about common challenges and pitfalls school teams often face in developing IEPs under special education law and regulations. We practice law at Walter Haverfield in Cleveland, Ohio and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

As we all know, special education students often have disability-related needs outside of the traditional classroom setting.  In the transportation context, however,  some circumstances can challenge even the most experienced special education administrator or transportation supervisor.  For example, does a district need to provide door-to-door transportation or is curb-to-curb enough? What happens if a teen with a disability keeps missing the bus? How should a district handle a student whose bus behaviors present safety concerns for other children? Join Lisa, Miriam, and our law clerk, John Moenk, for a quick look at some of our frequently asked questions when it comes to transporting students with special needs.  We practice law at Walter Haverfield in Cleveland, Ohio and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

To finish up our Title IX series,  Ben Chojnacki joins Lisa and Miriam to discuss school districts' obligations towards transgender students. Over the last several years, some school districts across the country have found themselves embroiled in local and even national controversies over locker room facilities, preferred names, and overnight field trips.  In this episode, we consider a historical perspective on these hot button issues: What guidance did the Office for Civil Rights issue in 2016?  Why was it considered controversial and why was it later withdrawn? How are school districts addressing the needs of transgender students in 2019 while waiting for further guidance from federal agencies? Join us for a closer look at this cutting edge topic, including an exploration of recent case law and current regulations. We practice law at Walter Haverfield in Cleveland, Ohio and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/benjamin-grant-chojnacki/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/        

The term "sex-based discrimination" may bring to mind harassment, exclusion, or various unwarranted assumptions about boys and girls. But did you know that Title IX applies also to equity in school sports, including non-discriminatory participation opportunities for male and female students? And what does equity in school sports mean, anyway?  If your district or university has a football team for men, must you have a football team for women as well? How can a district show compliance with Title IX regulations if only some students are interested in a particular sport?  What does the Office for Civil Rights look at when investigating this particular type of Title IX complaint? For an in-depth look at these and other questions, join Lisa Woloszynek, Miriam Pearlmutter, and Ben Chojnacki to talk about the athletic provisions of Title IX and what these mean for your school's athletic department and programming. This episode also addresses single-sex classes and activities in light of guidance issued by the Office for Civil Rights.   We practice law at Walter Haverfield in Cleveland Ohio and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/benjamin-grant-chojnacki/   https://www.walterhav.com/professional/miriam-m-pearlmutter/   https://www.walterhav.com/professional/lisa-h-woloszynek/

Both universities and K-12 school districts are obligated to respond to complaints of sexual harassment or sexual violence promptly and thoroughly. But beyond that, additional administrative requirements can sometimes be controversial. What standard of proof should apply to a proceeding that could result in an expulsion for the accused student? Should cross-examining the accuser be permitted or does this ultimately risk violating the victim's rights?  What input should the public have into these regulations? Continuing our discussion of Title IX,  Ben Chojnacki joins Lisa and Miriam to talk through some of the more controversial regulations issued by the Office for Civil Rights during  current and previous administrations. Join us to explore these and other high-profile topics related to sexual violence investigations in our schools and universities. For this episode, Miriam and Lisa are joined by Ben Chojnacki, an attorney at Walter Haverfield who often advises educational institutions about their Title IX obligations.  We practice law at Walter Haverfield in Cleveland Ohio and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/benjamin-grant-chojnacki/ https://www.walterhav.com/professional/miriam-m-pearlmutter/ https://www.walterhav.com/professional/lisa-h-woloszynek/  

Simply put, Title IX prohibits sex-based discrimination in public schools and universities. But this fascinating and broad law affects many diverse aspects of a school district's daily operations - from handling bullying and harassment allegations, to ensuring equity in athletic programming, addressing employment discrimination claims, as well as transgender issues.  How and why was this wide-reaching statute enacted? What is the role of the Office for Civil Rights in enforcing Title IX and why is this agency so controversial lately?  Join us for an in-depth conversation about the origins and history of Title IX, along with a look at some of the key decisions and guidance documents affecting school boards and universities. For this episode, Miriam and Lisa are joined by Ben Chojnacki, an attorney at Walter Haverfield who often advises educational institutions about their Title IX obligations.  We practice law at Walter Haverfield in Cleveland Ohio and we welcome your suggestions and comments. Please check us out at:   https://www.walterhav.com/professional/benjamin-grant-chojnacki/ https://www.walterhav.com/professional/miriam-m-pearlmutter/ https://www.walterhav.com/professional/lisa-h-woloszynek/

Booster groups are parent and community-led organizations that support and fundraise for various programs offered by public school districts, such as sports, drama, etc. Some booster groups are official and others are not, but any group's activities can raise challenging legal questions for school boards. Who is liable if a child is injured at a booster group event?  Can booster events feature alcohol and gambling? What are Individual Fundraising Accounts and are they even legal? Can students be required to pay a fee if they don't want to sell chocolate door to door? Join Lisa, Miriam, and Peter to learn about booster groups and various federal and state laws that govern these organizations. We also discuss policies and practices that school boards should be implementing when working with booster groups. Miriam, Lisa, and Peter practice education law at Walter Haverfield in Cleveland, Ohio. We love hearing from you, so drop us a line about what you enjoyed listening to and what topics you'd like to hear more about in future episodes.   Check us out at: https://www.walterhav.com/professionals/Pete-T-Zawadski https://www.walterhav.com/professionals/Lisa-Woloszynek https://www.walterhav.com/professionals/Miriam-M-Pearlmutter

In the wake of school shootings and similar tragedies, many school districts across the country now offer hotline services where students can submit anonymous tips through an app, and a crisis center evaluates these concerns for bullying, suicidal ideations, or other potential violence. These technological advances come with many benefits for children and parents, but they also present some interesting legal issues for school boards and administrators.  For example, can a principal search a student's backpack based on an anonymous tip? What other obligations do school districts have in responding to tips sent to a third-party crisis center?  Attorney Peter Zawadski joins Lisa and Miriam in exploring the Fourth Amendment and its legal implications for school districts that use anonymous reporting apps. Miriam, Lisa, and Peter practice education law at Walter Haverfield in Cleveland, Ohio. We love hearing from you, so drop us a line about what you enjoyed listening to and what topics you'd like to hear more about in future episodes. Check us out at: https://www.walterhav.com/professionals/Pete-T-Zawadski https://www.walterhav.com/professionals/Lisa-Woloszynek https://www.walterhav.com/professionals/Miriam-M-Pearlmutter        

Student privacy can certainly be tricky in this era of rapidly-developing technology. It seems like everyone has privacy rights under the Family Education Rights and Privacy Act (FERPA) these days, but sometimes these rights and obligations collide.  For example, what if parents request a video recording of their child, but the clip includes footage of other students as well? Are districts obligated to redact video footage?  Doesn't that get expensive? Joined once more by Peter Zawadski, an attorney at Walter Haverfield, Lisa and Miriam review FERPA basics and discuss updated guidance from the Family Policy Compliance Office. This topic is a follow-up to the issues raised  in  Episode 12 of Season 1. Miriam, Lisa, and Peter practice education law at Walter Haverfield in Cleveland, Ohio. We really do love hearing from you! Drop us a line, let us know what you thought, and tell us which education-related legal topics you'd like to hear about in future episodes.   Check us out at: https://www.walterhav.com/professionals/Pete-T-Zawadski https://www.walterhav.com/professionals/Miriam-M-Pearlmutter https://www.walterhav.com/professionals/Lisa-Woloszynek

It seems like almost every week we hear yet another news story about a school in hot water because of a secret tape recorder or phone that a parent sent in a student's back pack. Is this even legal?  And what if a parent requests to send a recording device with her child in advance?  Do school districts have to agree?  What if the parent wants to record a team meeting?  When is a school district obligated to allow such recordings and what precautions should the team take? Lisa and Miriam kick off Season Three with a fabulous interview with Peter Zawadski, an attorney at Walter Haverfield who often advises school districts about developments in technology and privacy laws. In this episode, Peter reviews school district obligations when parents ask to record their child's classroom or a team meeting, including considerations under the Family Education Rights and Privacy Act and the Individuals with Disabilities Education Act. Miriam, Lisa, and Peter practice education law at Walter Haverfield in Cleveland, Ohio. We love hearing from you! Drop us a line, let us know what you thought, and tell us which education-related legal topics you'd like to hear about in future episodes! Check us out at: https://www.walterhav.com/professionals/Pete-T-Zawadski   https://www.walterhav.com/professionals/Miriam-M-Pearlmutter   https://www.walterhav.com/professionals/Lisa-Woloszynek  

A district's special education process typically begins with a request for an evaluation, either from a teacher or a parent.  But even the best teams can miss requests, forget deadlines, and slack off in communicating with families.  In this last episode of our second season, Lisa and Miriam take a good long look at the most common ETR/ MFE mistakes teams make and how to avoid the liability that comes along with these errors. Lisa and Miriam practice education law at Walter Haverfield in Cleveland, Ohio. We love hearing from you! Drop us a line, let us know what you thought, and tell us which education-related legal topics you'd like to hear about in future episodes! Check us out at: https://www.walterhav.com/professionals/Miriam-M-Pearlmutter https://www.walterhav.com/professionals/Lisa-Woloszynek

College Credit Plus, also termed Dual Enrollment in some states, is a program that enables high school, or even middle school students, to take college courses for both college and high school credit.  Although these programs are a fantastic way for families to save money and expose students to higher learning opportunities, school districts may be faced with unexpected challenges when students with IEPs or 504 Plans take college classes. Who is responsible for ensuring 504 accommodations at the university level?  Is a dually-enrolled high school student even entitled to IEP services in a college course? What should high school teams and counselors advise students with special education needs who may struggle with the higher demands and expectations of a College Credit Plus course? Lisa and Miriam explore these questions and consider decisions from the Office for Civil Rights that shed light on school districts' obligations in these changing times. Lisa and Miriam practice education law at Walter Haverfield in Cleveland, Ohio. We love hearing from you! Drop us a line, let us know what you thought, and tell us which education-related legal topics you'd like to hear about in future episodes! Check us out at: https://www.walterhav.com/professionals/Miriam-M-Pearlmutter https://www.walterhav.com/professionals/Lisa-Woloszynek  

What is mainstreaming?  In previous generations, most students with special education needs were taught apart from their neurotypical peers, in self-contained classrooms,  separate facilities, or even state institutions.  Decades of research, however, showed that children with disabilities do better when included in the general education classroom and exposed to peer modeling. Now, school districts are obligated to educate children in the least restrictive environment, also known as inclusion or mainstreaming. But mainstreaming special education students can be complicated and challenging, even for experienced educators. In this episode, Lisa and Miriam explore a recent surprise ruling from the Sixth Circuit Court of Appeals that addresses mainstreaming and highlights the potential legal liability that comes with using self-contained settings for children who can be served in the general education classroom.   What are the challenges teams face when it comes to determining a child's least restrictive setting?  Which factors must districts consider when deciding whether inclusion or a self-contained classroom is best? What benefits must a general education setting provide to a child with severe disabilities to qualify as a least restrictive environment, and what does that instruction look like practically? In this episode, we explore these complicated questions through the lens of the Sixth Circuit's recent ruling in LH v. Hamilton, and consider the wide-range of implications for school boards, administrators, and teachers. Lisa and Miriam practice education law at Walter Haverfield in Cleveland, Ohio. We love hearing from you! Drop us a line, let us know what you thought, and tell us which education-related legal topics you'd like to hear about in future episodes! Check us out at:   https://www.walterhav.com/professionals/Miriam-M-Pearlmutter   https://www.walterhav.com/professionals/Lisa-Woloszynek  

Just a few months ago, the Supreme Court issued a critical and controversial decision in Janus v. AFSCME, holding that public sector unions may not collect agency fees from nonmembers. What does this mean and whom will this affect? What are the implications for school boards around the country and what are some best practices for board members to keep in mind?    Lisa and Miriam dive into the legal and practical ramifications of this momentous ruling. Lisa and Miriam practice education law at Walter Haverfield in Cleveland, Ohio. We love hearing from you! Drop us a line, let us know what you thought, and tell us which education-related legal topics you'd like to hear about in future episodes! Check us out at: https://www.walterhav.com/professionals/Miriam-M-Pearlmutter https://www.walterhav.com/professionals/Lisa-Woloszynek