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Ennis Britton Co., L.P.A.

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SCHOLARS IN EDUCATION LAW
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Student Education and Discipline

Can schools discipline students for offensive social media posts? The U.S. Supreme Court will decide in B.L. v. Mahanoy Area School District

February 22, 2021 by Gary Stedronsky

Written by: Liz Hudson The U.S. Supreme Court recently agreed to hear a First Amendment case about student social media use related to extracurricular activities. In June, 2020, the Third Circuit Court of Appeals affirmed a lower court’s ruling in favor of a student who was removed from the cheer team after making offensive social […]

Filed Under: General, Student Education and Discipline Tagged With: extracurricular, first amendment, free speech, social media, student education and discipline

Constitutional Right to a Basic Minimum Education

June 29, 2020 by Robert McBride

Does a Constitutional right to a basic minimum education exist? The question has been repeatedly discussed by the Supreme Court of the United States but never decided. For states under the jurisdiction of the Sixth Circuit Court of Appeals, including Ohio, Michigan, Kentucky, and Tennessee, the Sixth Circuit recognized such a right for twenty-six days. […]

Filed Under: General, School Management, Student Education and Discipline Tagged With: basic minimum education

Doe v. Ohio Department of Education

March 25, 2020 by Jeremy Neff

The long-running Doe v. Ohio Department of Education litigation was back in the news earlier this month. The settlement became final and effective nearly three decades after the lawsuit was initially filed. Ennis Britton previously notified clients of the proposed settlement in December when the Ohio Department of Education’s Chief Legal Counsel sent a notice […]

Filed Under: General, Special Education, Student Education and Discipline

COVID-19 Update: What About Required 504 or IEP Meetings?

March 12, 2020 by Erin Wessendorf-Wortman

It should come to no one’s surprise that the state and federal laws do not allow for exceptions to the required timelines for ETRs, IEPs, etc. As discussed in other posts, in December 2009, in response to the H1N1 pandemic, the U.S. Department of Education issued a memo titled “Guidance on Flexibility and Waivers for […]

Filed Under: COVID-19 (Coronavirus), Special Education, Student Education and Discipline

COVID-19 Update: Services for Special Education Students

March 12, 2020 by Jeremy Neff

UPDATE (3/12/20 at 6:20 PM): At 6 PM on March 12 the US Department of Education released new guidance on special education and COVID-19 that is available here. In the past 48 hours it seems as if the already rapidly developing story of COVID-19, or novel coronavirus, has accelerated even more. With major spectator events […]

Filed Under: COVID-19 (Coronavirus), General, Special Education, Student Education and Discipline Tagged With: Closure, Coronavirus, COVID-19, Ohio, School, Special Education

Court of Appeals Disagrees That a Student’s Right to Privacy Ends Upon Death

November 19, 2019 by Ryan LaFlamme

A dispute over the disclosure of student records has led to the Court of Appeals for Ohio’s Second Circuit to analyze whether a student’s right to privacy in education records extinguishes upon death. Both federal and state laws protect the confidentiality of student education records and personally identifiable information. The Family Educational Rights and Privacy […]

Filed Under: Board Policy & Representation, General, School Management, Student Education and Discipline

School District Transgender Policy Violates Title IX

September 5, 2019 by Bronston McCord

On August 9, 2019, a federal judge in Virginia ruled in favor of a transgender student in holding that a school district’s policy violated his rights under Title IX and the Equal Protection Clause. The Grimm v. Gloucester County School Board case stemmed from a school district’s policy requiring students to use restrooms and locker […]

Filed Under: Board Policy & Representation, General, School Management, Student Education and Discipline

Restraint and Seclusion

June 24, 2019 by Jeremy Neff

The use of restraint and seclusion in schools continues to be a high priority for state and federal policy makers. Ohio’s first regulations specifically addressing restraint, seclusion, and positive behavior intervention and supports took effect in 2013 as Ohio Administrative Code (OAC) 3301-35-15. In June 2018, the General Assembly passed House Bill (HB) 318, also […]

Filed Under: General, Legislation, Student Education and Discipline

Student Dress Code

May 1, 2019 by Ryan LaFlamme

A Federal District Judge recently ruled that a charter school dress code policy which required girls to wear skirts and prohibited girls from wearing pants or shorts, violates the equal protection clause of the U.S. Constitution. Many challenges in the past have rested on First Amendment grounds regarding freedom of expression. However, this case was […]

Filed Under: General, Student Education and Discipline

Students’ Right to Protest: A Reflection on the Tinker Decision

March 13, 2018 by Giselle Spencer

In 1965, a group of siblings and a family friend in Des Moines, Iowa, decided to wear black armbands to school in protest of the Vietnam War. When the principals of their schools became aware of the plan, they developed a policy prohibiting such protests – a policy that the students chose to ignore. As […]

Filed Under: Student Education and Discipline

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