Revised IDEA Regulations Finally Coming?
On Friday, October 14, the Ohio Department of Education filed proposed revisions to the IDEA operating standards (Ohio Administrative Code 3301-51). On Tuesday, November 15, the State Board of Education will hold a hearing on these proposed revisions. This is all part...
Court Determines Dress Code May be Covered Under Title IX
The board of trustees of a North Carolina charter school discovered that designing a dress code based on the view that girls are “fragile vessels” could violate both the Equal Protection Clause and Title IX of the Education Amendments of 1972. Parents of several...
SCOTUS to Consider Exhaustion of Remedies Case
The Supreme Court of the United States has agreed to hear a special education case concerning a family's obligation to exhaust administrative remedies before filing a claim under the Americans with Disabilities Act. The case of Perez v. Sturgis Public Schools involves...
OCR Provides Guidance for Pregnant and Parenting Students
U.S. Department of Education's Office for Civil Rights (OCR) recently released guidance linking the protections of Title IX of the Education Amendments Act to students and employees based on pregnancy and related conditions. The October 4, 2022 guidance reiterated...
Ohio Supreme Court Asked to Review Guidance Counselor’s Right to Retain Outside Attorney During Arbitration
On January 1, 2022,An Ohio guidance counselor who opted out of the union has asked the Ohio Supreme Court to overturn a decision of the 11th District Court of Appeals which found she did not have a right to use her own attorney during an arbitration hearing. Revised...
Decision on State Board of Education Resolution on Transgender Protections Delayed
A “Resolution to Support Parents, Schools, and Districts in Rejecting Harmful, Coercive, and Burdensome Gender Identity Policies” was proposed at the September meeting of the State Board of Education. It was placed on the State Board agenda for its Oct. 11th and 12th...
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...