On the Call: Child Find – Escalating Behaviors
Erin and Jeremy step up to the plate to provide a breakdown of a district's obligations for Child Find under IDEA and Section 504 when escalating behavior occurs. They analyze a recent case from Tennessee where a district prevailed, but the court cautioned against the...
On the Call: When the 504 Plan Falls Short
Navigating the complexities between a 504 that is not working and Child Find under IDEA can feel like walking a very thin tightrope. Erin and Jeremy discuss the legal framework surrounding The Rehabilitation Act, how to differentiate the disabilities covered by 504...
To Block or Not to Block: U.S. Supreme Court Issues A Free Speech Decision Regarding Social Media
On Friday, March 15, 2024, the United States Supreme Court weighed in on the ability of public officials to block critics on social media accounts. In Lindke v. Freed, a unanimous U.S. Supreme Court established a test or factors to consider when determining if...
Special Education Update: DEW Faces Challenges on Multiple Fronts for Systemic Complaint
On February 14th, 2024, the nonprofit advocacy group Disability Rights Ohio (“DRO”) filed a due process complaint against the Department of Education and Workforce (“DEW” or “Department”) for its alleged mishandling of a systemic complaint that involves forty-four...
Court Dismisses Teacher’s Complaint Regarding Wrong Step Level
A teacher brought an action against a board seeking to be placed at the appropriate step level on its teacher salary schedule. The teacher was initially placed at the pay grade of “Masters” and “Step 10.” However, she received notice that the HR director improperly...
What You Need to Know About Delta-8 and Potential Legislation
Delta-8, a cannabinoid found in the Cannabis plant and also synthesized in labs, is in the news again. Because Delta-8 is largely unregulated throughout the United States (including in Ohio), it is sometimes legally purchased and used by students. A national study...
Career Tech Corner: Pre-employment Drug Tests and Recreational Marijuana
Last year in Ohio, recreational marijuana was authorized by initiative petition. The state is still in the process of creating a regulatory process that will allow marijuana dispensaries to sell recreational marijuana in addition to medical marijuana. This is...
On the Call: Graduation Deferment
Graduating from high school is a significant milestone for any student, but for special education students, exiting from services can sometimes trigger last-minute deferment requests from parents. Jeremy and Erin discuss what is - and isn't - required of schools under...
On the Call: Methodology
Just when you think you have earned the scout badge in IEP writing, a parent asks for the methodology which can feel like pouring water on the perfect campfire you just built! In this episode, Erin and Jeremy discuss how methodology can be selected and the...
AI Generators: Appropriate and Responsible Use of Technology
Educators are just beginning to scratch the surface on the utility of incorporating artificial intelligence (“AI”) in their work lives. AI is here to stay but educators must exercise caution in its use in order to satisfy legal and professional obligations. As stated...
Special Education Update: Next at Bat: What’s Coming Up in 2024
While most New Year’s resolutions are all but forgotten by now, several federal agencies have promised new rules or updates to rules to take effect sometime in 2024. Here’s a quick look at New Year’s resolutions – the federal addition, and their possible impact on...
Ohio Supreme Court Upholds Appellate Decision Overturning Industrial Commission
State ex rel. Quest Diagnostics, Inc. v. Indus. Comm., Slip Opinion No. 2023-Ohio-2213 In this appeal, the employer won at the Staff Level Hearing Officer level and was overturned by the Workers’ Compensation Review Commission, a rare occurrence. The employer appealed...
Distinguishing Discussions from Meetings and Informal Consensus from Formal Decisions
On January 16, 2024, the Eleventh District Court of Appeals decided the appeal of a frequent litigant and once again weighed in on the Ohio Open Meetings Act. In State of Ohio ex rel. Ames v. Portage Cty. Bd. of Commrs., 2024-Ohio-146, the court affirmed the granting...
Appeals Court Upholds Denial Of Benefits for Employee who Resigned Without Just Cause.
Gbortoe v. Dir., Ohio Dept. of Job & Family Servs., 2023-Ohio-4844 The Tenth Circuit Court of Appeals (Franklin County) upheld a denial of benefits to an employee who quit work after receiving only a written disciplinary letter. According to the employee, he...
On the Call: Outside Placements and Stay Put
Determining a District's obligations under IDEA when a student is removed from their outplacement facility can have you feeling like you're balancing on a tightrope between the space-time continuum. Erin and Jeremy discuss the blackletter law related to LRE and Stay...
On the Call: Definition of Parent
Erin and Jeremy tackle the complex topic of parent definitions in this episode and how to stay on track with evaluation deadlines when there is confusion around who is the parent and conflict between those who might think they are the parent. They highlight an example...
Special Education Update: Sixth Circuit Confirms District Obligations for Dual Enrolled Students
In a recent decision, the United States Court of Appeals for the Sixth Circuit affirmed a lower court ruling that the Individuals with Disabilities Education Act does not require school districts to provide special education services or accommodations in dual credit...
FTC Proposes Strengthening COPPA to Further Limit Companies’ Ability to Monetize Children’s Data
The Federal Trade Commission (FTC) has proposed changes to the Children’s Online Privacy Protection Rule (COPPA Rule) that would place restrictions on the use and disclosure of children’s personal information and limit the ability of companies to condition access to...
Office of Civil Rights Reminds Schools of Their Obligation to Provide All Students a School Environment Free from Discrimination
On November 7, 2023, in the wake of unrest in the Middle East, the U.S. Department of Education’s Office of Civil Rights (“OCR”) released a Dear Colleagues Letter reminding pre K-12 schools and institutions of their legal obligations under Title VI of the Civil Rights...
Career Tech Corner: It’s a New Year! Time for the CTC Organizational Meeting
Career technical boards of education are governed by the same statute on holding the organizational meeting in January as any other board of education, but the operation and timing of CTC organizational meetings is slightly different than local, exempted...
Keeping Transportation Between the Dotted Lines
School transportation is a significant part of every district’s services, but also has the potential to become a major source of trouble when we lose focus on the details, including regulations and requirements. That can result in the bus(es) drifting out of...