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/