Special Education Contingency Plans For When Disasters Strike
In recent weeks, school districts across the United States have been forced to respond to unexpected disasters in addition to all of the ongoing pandemic-related challenges. From tragic school shootings to catastrophic tornados, schools have continued to adapt as best...
Court Rules Parents Not Entitled to IEE at Public Expense
A Pennsylvania district court found that parents of a student who had suffered three concussions were not entitled to an independent education evaluation (IEE) at public expense because they disagreed with the evaluation team’s IDEA classification. The parents of a...
OHS Gives Notice of Important Rules Changes Concerning Universal Making and Vaccines
The Director of the Office of Head Start (OHS), U.S. Department of Health and Human Services (HHS), recently shared a letter with the Head Start community an update that will revise the Head Start Program Performance Standards (HSPPS) to include additional health and...
UPDATE: Revised Ohio HB 126 Heads to Senate
We previously wrote about HB 126, which sought to impose additional hurdles on school districts when challenging property valuations. As passed by the House, this bill would require a school board to authorize each valuation complaint or counter-complaint at a board...
Can Parents Opt-out of District Curriculum or Instructional Materials?
Many districts have seen an increase in parental complaints about the curriculum and programs in Ohio’s public schools. This is a result of the national debate about critical race theory and a belief that it is being taught in public schools. Some parents have...
Masks and the Rights of Students with Disabilities
As COVID-19 continues to affect education, school district decisions about mask policies and exemptions have resulted in lawsuits about the rights of students with disabilities. The claims arise under Title II of the Americans with Disabilities Act and Section 504 of...
It’s Official! New Financial Literacy Requirements, Temporary Rule for Substitutes
After several delays, Governor DeWine signed the highly anticipated Senate Bill 1 into law on October 28, 2021. Section 4 of the bill was signed as an emergency measure and is effective immediately. The remaining sections of the bill become effective January 27, 2022....
Employee Vaccinated Religion Exemption Requests
As vaccine mandates for employees become more common, employers are seeing a spike in religious exemption requests. While some employees may have a legitimate medical reason for refusing the COVID-19 vaccine, under Title VII employers must accommodate an employee’s...
The New Payment in Lieu of Transportation Process
There were a number of key changes to transportation laws enacted in the biennium budget, including changes to the payment in lieu (PIL) of transportation process. The changes became effective on September 30, 2021.
TikTok Challenges on the Rise
Social media is a powerful tool often used to influence others - and not always for the good. Reports have surfaced across the country of school vandalism from students participating in the "devious lick" challenge circulating on TikTok. As if teachers didn't have...
Providing Public Records Requests from Your School Databases
A public records request was filed with Columbus City Schools (CCS) on December 29, 2020, seeking information about teacher absences and its substitute coverage. The request specifically asked for information for the school years ending in 2018, 2019, and 2020. On...
Managing Contracted Employees when a Reduction in Force is Necessary
A Court of Appeals recently reinstated a lawsuit brought by four Dayton Public School employees who were laid off pursuant to a reduction in force (RIF). Under district policy, the former employees were required to receive written notice of open positions they...
Guidance of IDEA Amidst COVID-19 Pandemic
The U.S. Department of Education’s (DoE) Office of Special Education and Rehabilitative Services (OSERS) issued a dear colleague letter on August 24 reiterating its commitment that children with disabilities and their families have successful early intervention and...
School Resource Officers – Are They Privy to Student Records?
School resource officers (SRO) play a vital role in ensuring that schools are safe and welcoming places where all students can learn. So how much information do they really need to know about school records of the children for which they serve? The answer may seem...
School Mask Mandate Updates – September
U.S. DOE’s Office for Civil Rights Enters the Fray by Initiating Discrimination Investigations Against States with Mask Prohibitions On Monday, August 30, the U.S. Department of Education’s Office for Civil Rights (OCR) opened investigations into five states that...
Sixth Circuit Court of Appeals Refuses to Enjoin a Mask Mandate Lacking a Religious Exemption
On August 23, the United States Court of Appeals for the Sixth Circuit weighed in on the constitutionality of mask mandates lacking a religious exemption. A Michigan school challenged the mandate in place by the state’s Department of Health and Human Services, stating...
Are Teachers Breaking the Rules Recording Students on Their Personal Cell Phones in Class?
A complaint was recently filed with the Student Privacy Policy Office (SPPO) alleging a Family Educational Rights and Privacy Act (FERPA) violation when two teachers recorded students in the classroom on their personal cell phones. Students’ education records are...
Anonymous Reporting Systems Required for 2021-22 School Year in All Ohio Districts
Starting this year, school districts must either register with the Department of Public Safety’s free Safer Ohio School Tip Line or enter into an agreement with another anonymous reporting program selected by the district that allows individuals to report threats to...
School Mask Mandate Updates
U.S. DOE’s Office for Civil Rights Enters the Fray by Initiating Discrimination Investigations Against States with Mask Prohibitions On Monday, August 30, the U.S. Department of Education’s Office for Civil Rights (OCR) opened investigations into five states that...
Ability of School Employees to Carry Weapons Affected by Ohio Supreme Court Decision
The Gabbard decision was announced on June 23, 2021 by the Ohio Supreme Court. (Gabbard v. Madison Local Sch. Dist. Bd. Of Edn., Slip Op. No 2021-Ohio-2067) After a 2016 school shooting in the district in which a student emptied a gun in school injuring several...
Regulations help explain use of ESSER and GEER funds
ESSER/GEER guidance highlights In late May, The U.S. Department of Education released guidance to states and school districts about the use of the multiple federal funds authorized for pandemic response and relief. A review of this guidance clarifies some questions...