Short Series Podcast: Transgender K-12, Staff Rights and Obligations

by | Aug 17, 2023 | General

In the final episode of the series, Erin and Giselle get into the “nitty gritty” of staff rights with regard to transgender students in K-12. The discussion centers on recent cases pertaining to staff rights of speech, expression and religion and the importance of considering the right weights when balancing staff rights against student rights

You can also listen here or wherever you get your podcasts. Thanks for listening! Look for new Short Series podcasts in the coming months! If you have a question or suggested topic, please email podcast@ennisbritton.com.

 

Short Series Podcast: Transgender K-12, Executive Actions and Title IX

by | Jul 19, 2023 | General

In the 4th episode, Erin and Giselle wrap up the discussion surrounding significant court decisions from around the country and where the Biden Presidential administration has landed related to transgender students and examining new areas of challenges to student rights.  The discussion includes what recent changes to Title IX and the provisions of Title VII might mean for educators.

You can also listen here or wherever you get your podcasts. Look for new episodes on the first and third Thursdays of the month.

 

Short Series Podcast: Transgender K-12, Case Law Related to Bathroom Policies

by | Jun 22, 2023 | Board Policy & Representation, General

Episode 2:  Overview of Case Law Related to Bathroom Policies

Erin and Giselle take a steadfast review of four interesting cases charting the initial path for school bathroom policies under Title IX and equal protection as they impact transgender students in K-12 schools. The discussion emphasizes how the courts have strived to keep everyone on course as the winds of change continue to blow among different administrations.

You can also listen here or wherever you get your podcasts. Look for new episodes on the first and third Thursdays of the month.

 

Education Department Issues Guidance on Religious Expression in Schools

Education Department Issues Guidance on Religious Expression in Schools

by | Jun 20, 2023 | General, Legislation

On May 15, 2023, the United States Department of Education issued a “Guidance on Constitutionally Protected Prayer and Religious Expression in Public Elementary and Secondary Schools” document. Coaches are referenced several times throughout the guidance, and it is likely that the guidance was issued in response to the decision of the Supreme Court of the United States in Kennedy v. Bremerton School District, which centered around a football coach engaging in private prayer at the end of each football game on the field.

The guidance opens with the reminder that when teachers, coaches, and other public school officials speak in their official capacities, they may not engage in prayer or promote religious views. However, the guidance notes that not everything a public school teacher, coach, or other official says in the workplace constitutes governmental speech. The guidance specifically states that where teachers, coaches, or other employees engage in personal speech, a school district may not prohibit them from doing so because the expression is religious in nature or because other observers, including students, might misperceive that the school is endorsing the expression. Absent some evidence that the teacher, coach, or other school official is pressuring or encouraging students to engage in religious expression, a school district has limited authority to regulate such speech.

The guidance goes on to address such topics as prayer groups, religious expression during instructional time, moments of silence, student assemblies, teaching about religion, religious expression in school assignments or homework, excusal for religious activities, and baccalaureate ceremonies. A copy of the guidance can be found here.

What this means for schools:
School districts may (and must, to avoid violating the Establishment Clause) restrict religious expression that suggests endorsement of religion or where the expression by staff is intended to compel or encourage student participation. However, staff remain free to engage in private religious expression such as private prayer, even when visible to others and even when it occurs at district sponsored activities. Of course, the devil is in the details, as they say. Confer with counsel as needed to interpret employee actions in light of the new guidance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ohio Federal Court Affirms Exhaustion Requirement Under IDEA

Ohio Federal Court Affirms Exhaustion Requirement Under IDEA

by | Feb 14, 2023 | General, Special Education

As school districts continue to feel the bite from parent demands stemming from COVID closures and learning alternatives, the U. S. District Court for the Southern District of Ohio recently affirmed that the pandemic does not justify circumventing established due process procedures. In adopting the Report and Recommendation of Magistrate Stephanie Bowman, the federal court affirmed that an Ohio parent is obligated to exhaust those administrative remedies under the IDEA even when they attempt to the raise claims under other laws. 

In this case, the parent of R.Z., a high school student in Ohio, claimed that the school district’s decision to institute remote learning during the pandemic amounted to a failure to provide the student with a FAPE and a violation of Section 504 of the Rehabilitation Act of 1973, the Ohio Individuals with Disabilities Education Improvement Act, and the Ohio Education of Children with Disabilities Law. The parent claimed that his child could not benefit from remote learning and by imposing such a practice, the District’s policy amounted to a denial of the student’s rights.

The District moved to dismiss the lawsuit before the hearing.  The court granted the motion and dismissed the case.  In doing, so the federal court found that under Fry v. Napolean Community Schools, the Supreme Court of the United States made it clear that exhaustion of the administrate remedies under the IDEA is required when a complaint seeks redress for a school’s alleged failure to provide a FAPE. The court also looked to Perez v. Sturgis Public Schools, a Sixth Circuit decision handed down days before the oral argument on this case and noted that, while the Perez decision did not answer the question of whether a court is divested of subject matter jurisdiction when a party fails to exhaust administrative remedies, the exhaustion requirement still stands. Specifically, the appellate court found that even when a party is not directly contesting the substance or propriety of an IEP whenever the challenge relates to the provision of a FAPE, the determination of whether or not the school complied with the IEP is best resolved through administrative procedures “that elevate judicial economy and agency expertise.” The court went on to affirm that, since the Perez decision did not definitively recognize any exceptions to the IDEA exhaustion requirement, a claim that administrative exhaustion would be futile could not  save this Ohio case from dismissal.

What this means for schools: Now, the US Supreme Court, 6th Circuit Court of Appeals, and an Ohio District Court have made it clear that parents must avail themselves of the administrative hearing process as specified in the IDEA and Ohio law before claiming violations of related disability laws. As the Fry case makes clear, when the gravamen of a complaint rests on an alleged failure to provide a FAPE, the exhaustion requirements under the IDEA must apply.