What You Need to Know About Delta-8 and Potential Legislation

What You Need to Know About Delta-8 and Potential Legislation

by | Mar 20, 2024 | Special Education

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 published in March 2024 in the Journal of the American Medical Association found that 11.4% of surveyed 12th-grade students had used Delta-8 in the past year.  This was the first national estimate of Delta-8 usage.

Governor DeWine has called on the Ohio General Assembly to regulate Delta-8.  Currently, seventeen states ban Delta-8, and another seven states regulate it.  Governor DeWine has suggested that Delta-8 regulations could be a part of marijuana regulation that has been under consideration by the General Assembly since voters approved recreational marijuana in November 2023.

Delta-8 is sometimes packaged like candy or other food products.  This can both aid in evading detection in schools and increase the risk of students unwittingly using it.  It can also be used in vapes, as a tincture, and smoked.  If it seems like Delta-8 is a relatively recent concern, that is partly due to the 2018 federal legislation which allowed for a minimal level of THC in hemp plants when farmed.

Because Delta-8 is not banned or regulated in Ohio, there is nothing to stop a store from selling it to school-age children.  In fact, the Ohio Department of Health conducted a limited test, and two fifteen-year-old students were able to buy Delta-8 gummies from a gas station within 3 miles of their school.  In recent years Ohio has averaged about 100 Delta-8 poisonings annually, and the medical community warns that use of Delta-8 is especially harmful to the developing brains of children.

School districts should revisit their student codes of conduct to ensure that any drug infractions are defined in a way that includes Delta-8 and other synthetic or derivative-type drugs.  It is important that policies and codes of conduct are carefully written to put students (and employees) on notice of prohibited substances, but to do so in a way that allows flexibility to include future variations of intoxicating substances as possible infractions.  It is not enough to simply ban illegal drugs because the law is not keeping up with the development of drugs.  Additionally, special education discipline questions can arise when a student is being disciplined for the use of newer drugs such as Delta-8.  Districts should consult with legal counsel to ensure student safety and legal compliance.

On the Call: Graduation Deferment

by | Mar 12, 2024 | Special Education

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 IDEA, what constitutes a diploma in some circumstances, and considerations the IEP team should keep in mind as the student progresses toward graduation. They share a recent case from New Jersey that defined a diploma under state law and reinforced the district’s actions in recognizing the diploma. They provide ideas to help lay the groundwork early for the transition which will have you tossing your cap high at the end of the year! 

You can also listen here or wherever you get your podcasts. Look for new episodes on the second and fourth Tuesdays of the month.

On the Call: Definition of Parent

by | Jan 23, 2024 | Special Education

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 from the 3rd Circuit Court of Appeals in Pennsylvania that answered this question based on whom the child was residing with. They also cover some important tips to keep in mind when dealing with complicated family situations, so you and your team aren’t feeling like a surprise guest in a daytime talk show drama.

You can also listen here or wherever you get your podcasts. Look for new episodes on the second and fourth Tuesdays of the month.

On the Call: MDR Unidentified Student and A Request for Evaluation

by | Jan 9, 2024 | Special Education

Just when you think your student discipline process is a slam dunk, someone throws a buzzer-beater at the very last second! Jeremy and Erin discuss the laws surrounding student discipline when a child has not yet been found eligible for an MDR or the district had no prior knowledge that the child has a disability but the parents argue otherwise. The discussion includes a 2023 case from the Sixth Circuit in Ohio that found the district had acted reasonably in conducting special education services after the expulsion. They discuss practical tips, including ensuring your hearing officer is educated and informed on the special education process and thoroughly documenting the request, discussion and decision, that will help you and your team take home the “Good Sportsmanship Award”.

You can also listen here or wherever you get your podcasts. Look for new episodes on the second and fourth Tuesdays of the month.

On the Call: Threat Assessments

by | Dec 12, 2023 | Special Education

Erin and Jeremy make a stop at the intersection of threat assessments and special education considerations. They discuss the importance of the Special Education team and the Threat Assessment team coming together to consider the role a student’s disability may play in a potential threat. Otherwise, districts may violate special education laws and face costly discrimination claims. They share a case from Virginia that highlights what can happen when a District’s threat assessment speeds past the IEP and Special Education team, and the importance of training, training, training! 

You can also listen here or wherever you get your podcasts. Look for new episodes on the second and fourth Tuesdays of the month.