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 educational experiences for the 2021-22 school year. As it did last year in a Q&A document released on […]
Education Law Blog
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 obvious, but let’s take a look into the fine […]
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 prohibit schools from setting universal mask mandates. Letters were sent to the chief state school officers of […]
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 the order was a violation of their free exercise of religion, equal […]
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 protected under FERPA. The term “education records” is defined, with certain exclusions, as those records that […]
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 student safety. The selected reporting system must meet all of the following […]
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 students, the school board acted in 2018 to adopt […]
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 prohibit schools from setting universal mask mandates. Letters were sent to the chief state school officers of […]
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 about use of the funds. The guidance itself is not law, but it outlines USDOE […]
SCOTUS Affirms that Schools May Regulate Off Campus Speech – Sometimes…
In a lengthy decision, the Supreme Court of the United States found that a Pennsylvania High School overstepped when it suspended a student from the cheerleading squad for using social media to criticize her exclusion from a spot on the varsity team and a private softball team. The High Court found the school’s actions to […]