Social Security Fairness Act Brings Relief to Millions of Public Sector Workers
In late December Congress passed, and on January 5 President Biden signed into law, the Social Security Fairness Act (H.R. 82). This is the first significant expansion of Social Security benefits in over 20 years. This landmark legislation repeals two long-standing...
Career Tech Corner: InnovateOhio Develops “AI Toolkit” for Educators, Parents and School Leaders
InnovateOhio has developed the "AI Toolkit: Guidance and Resources to Advance AI Readiness in Ohio’s Schools," which aims to help educators, parents, and school leaders prepare students for a world shaped by artificial intelligence (AI). The toolkit offers practical...
On the Call: Revocation of Consent
In this episode, Jeremy and Erin cover the complexities of revocation of consent under the Individuals with Disabilities Education Act (IDEA). They discuss what happens when parents choose to revoke consent for special education services, using a recent Missouri case...
On the Call: Autism Eligibility
A medical diagnosis can be one piece of the puzzle in special education. In this episode, Jeremy and Erin dive into autism eligibility under the IDEA, examining a case from North Carolina where a school district defended its decision to deny special education services...
Career Tech Corner: Updates to Special Education Procedural Safeguards Expected to Affect Joint Vocational Schools, other Educational Agencies
The Ohio Department of Education and Workforce (“ODEW”) recently adopted changes to the procedural safeguard rules in the Ohio Operating Standards for the Education of Students with Disabilities (“Operating Standards”). These changes, which are likely to take effect...
New OCR Guidance on Artificial Intelligence
The United States Department of Education Office for Civil Rights (OCR) recently issued a resource providing examples of how the use of artificial intelligence (AI) in educational or security software could result in discrimination on the basis of disability, race, or...
Federal Judge Blocks FLSA Final Rule
A new Fair Labor Standards Act (FLSA) Rule took effect July 1, 2024, which significantly increased the salary minimum that non-teaching, salaried supervisors and administrators must make to be considered exempt from overtime pay. On November 15, 2024, a judge in...
Lawmakers Gear Up for Busy Lame Duck Period
A little over a week has passed since the election, and the Ohio Senate has passed its first piece of legislation affecting Ohio schools. On Wednesday, November 13th the chamber voted to approve SB 104, also known as the “Protect All Students Act” along party lines....
Signed, Sealed, and Delivered: Ensuring Proper Diploma Requirements Are Met
It may only be November, but it is never too early to start planning for graduation. As we begin looking ahead to the big day, let us revisit a law that impacts our obligation to our students as they reach this major milestone in their academic journey. O.R.C....
Special Education Update: Is Average Enough? Fourth Circuit Rules That a Student with ADHD and Dyslexia is not Eligible for Special Education Under the IDEA Based on Academic Performance
G.M. v. Barnes, 114 F.4th 323 (4th Cir. 2024). On September 4, 2024, the Fourth Circuit Court of Appeals upheld a lower court ruling that a second-grade student with dyslexia and attention deficit hyperactivity disorder (ADHD) was not eligible for special education...
Ohio Appellate Court Endorses Procedure for Use of Consent Agendas
Since at least 2021, one Ohio litigant has questioned the propriety of consent agendas in public meetings. In State ex rel. Ames v. Portage Cty. Bd. of Commrs., 165 Ohio St.3d 292, the Supreme Court of Ohio recognized the use of consent agendas does not appear to be...
From Sidelines to Headlines: School Volunteers
O.R.C. Section 2950.035: Unlawful work with or supervision of minors Districts routinely rely on volunteer community members to help run games, and scoreboards, substitute in for missing referees, and operate concession stands for school sporting events. Many of these...
Special Education Update: 6th Circuit Rules Student Not Entitled to Stay Put Injunction
“Stay put” is a procedural safeguard that provides that a student will remain in the “then-current” educational placement while a due process complaint is pending. In a recently decided case, parents challenged a proposed IEP in 2023 for their student who was...
Career Tech Corner: Ohio House Passes Bill Modifying Career Technical Teaching License Requirements
House Bill 432 passed the House on June 12, 2024 and was referred to the Senate Education Committee on June 25, 2024. The bill proposes to amend RC 3319.229 to modify the way in which an individual may qualify for a career-technical license issued by the State Board...
OCR Announces Resolution of Recent Title IX Investigation in Minneapolis
While courts across the country issue injunctions and debate the politics and definitions surrounding the 2024 Title IX regulations, the U.S. Department of Education, Office for Civil Rights (“OCR”) continues to consider “classic” gender inequities in schools. On...
Career Tech Corner: Clery Act Update – Reminder to All Ohio Technical Centers Participating in Title IV Financial Aid Programs
The Annual Security Report (ASR) is due by October 1 each year, as mandated by the Clery Act. The ASR is an essential document that informs current and prospective students and employees about campus safety, security measures, and crime statistics. The report must...
On the Call: Administrative Law and Special Education
Given the scale of federal regulations and their importance to several laws related to special education, the U.S. Supreme Court’s decision in Loper Bright may leave you feeling caught in the undertow of uncertainty. Have established "rights" found in regulations -...
UPDATE – Senate Bill 29: Implications for Districts
Senate Bill 29 (“SB29”) will take effect on October 24, 2024. Ennis Britton is re-issuing our September 4, 2024, Special Client Alert with additional information that is responsive to some of the more frequent school district inquiries. This guidance is aimed at...
CTC Corner: New Legislation Authorizes Payment for Student Teaching
On July 24, 2024, Governor DeWine signed S.B. 168 which seeks to relax burdensome regulations for schools. The law which becomes effective on October 21, 2024, contains a provision that should be of particular interest to career-technical centers. After that date,...
Special Education Update: 1st Ten Days of Suspension Without IEP Services Does Not Deny FAPE….Right?
Student discipline for students with disabilities on an IEP is generally understood to allow ten days of suspension without a need to provide services. In a recent case, a state level review officer in Ohio considered whether a failure to provide services within that...
The Power of Punctuation: Debate Over Grammar Leads Ohio Supreme Court to Limit Executive Sessions for the Purchase of Property
Look Ahead Am. v. Stark Cty. Bd. of Elections, Slip Opinion No. 2024-Ohio-2691. On July 18, 2024, the Ohio Supreme Court determined that the Stark County Board of Elections misused executive sessions to discuss and plan the purchase of new property, specifically...