On the Call: Graduation Deferment
Graduating from high school is a significant milestone for any student, but for special education students, exiting from services can sometimes trigger last-minute deferment requests from parents. Jeremy and Erin discuss what is - and isn't - required of schools under...
On the Call: Methodology
Just when you think you have earned the scout badge in IEP writing, a parent asks for the methodology which can feel like pouring water on the perfect campfire you just built! In this episode, Erin and Jeremy discuss how methodology can be selected and the...
AI Generators: Appropriate and Responsible Use of Technology
Educators are just beginning to scratch the surface on the utility of incorporating artificial intelligence (“AI”) in their work lives. AI is here to stay but educators must exercise caution in its use in order to satisfy legal and professional obligations. As stated...
Special Education Update: Next at Bat: What’s Coming Up in 2024
While most New Year’s resolutions are all but forgotten by now, several federal agencies have promised new rules or updates to rules to take effect sometime in 2024. Here’s a quick look at New Year’s resolutions – the federal addition, and their possible impact on...
Ohio Supreme Court Upholds Appellate Decision Overturning Industrial Commission
State ex rel. Quest Diagnostics, Inc. v. Indus. Comm., Slip Opinion No. 2023-Ohio-2213 In this appeal, the employer won at the Staff Level Hearing Officer level and was overturned by the Workers’ Compensation Review Commission, a rare occurrence. The employer appealed...
Distinguishing Discussions from Meetings and Informal Consensus from Formal Decisions
On January 16, 2024, the Eleventh District Court of Appeals decided the appeal of a frequent litigant and once again weighed in on the Ohio Open Meetings Act. In State of Ohio ex rel. Ames v. Portage Cty. Bd. of Commrs., 2024-Ohio-146, the court affirmed the granting...
Appeals Court Upholds Denial Of Benefits for Employee who Resigned Without Just Cause.
Gbortoe v. Dir., Ohio Dept. of Job & Family Servs., 2023-Ohio-4844 The Tenth Circuit Court of Appeals (Franklin County) upheld a denial of benefits to an employee who quit work after receiving only a written disciplinary letter. According to the employee, he...
On the Call: Outside Placements and Stay Put
Determining a District's obligations under IDEA when a student is removed from their outplacement facility can have you feeling like you're balancing on a tightrope between the space-time continuum. Erin and Jeremy discuss the blackletter law related to LRE and Stay...
On the Call: Definition of Parent
Erin and Jeremy tackle the complex topic of parent definitions in this episode and how to stay on track with evaluation deadlines when there is confusion around who is the parent and conflict between those who might think they are the parent. They highlight an example...
Special Education Update: Sixth Circuit Confirms District Obligations for Dual Enrolled Students
In a recent decision, the United States Court of Appeals for the Sixth Circuit affirmed a lower court ruling that the Individuals with Disabilities Education Act does not require school districts to provide special education services or accommodations in dual credit...
FTC Proposes Strengthening COPPA to Further Limit Companies’ Ability to Monetize Children’s Data
The Federal Trade Commission (FTC) has proposed changes to the Children’s Online Privacy Protection Rule (COPPA Rule) that would place restrictions on the use and disclosure of children’s personal information and limit the ability of companies to condition access to...
Office of Civil Rights Reminds Schools of Their Obligation to Provide All Students a School Environment Free from Discrimination
On November 7, 2023, in the wake of unrest in the Middle East, the U.S. Department of Education’s Office of Civil Rights (“OCR”) released a Dear Colleagues Letter reminding pre K-12 schools and institutions of their legal obligations under Title VI of the Civil Rights...
Career Tech Corner: It’s a New Year! Time for the CTC Organizational Meeting
Career technical boards of education are governed by the same statute on holding the organizational meeting in January as any other board of education, but the operation and timing of CTC organizational meetings is slightly different than local, exempted...
Keeping Transportation Between the Dotted Lines
School transportation is a significant part of every district’s services, but also has the potential to become a major source of trouble when we lose focus on the details, including regulations and requirements. That can result in the bus(es) drifting out of...
On the Call: MDR Unidentified Student and A Request for Evaluation
Just when you think your student discipline process is a slam dunk, someone throws a buzzer-beater at the very last second! Jeremy and Erin discuss the laws surrounding student discipline when a child has not yet been found eligible for an MDR or the district had no...
On the Call: Shortened Day
It's a great day when parents and the District are in agreement! Jeremy and Erin follow-up on a conference call where the team wants to be sure the use of a shortened day is compliant with all the special education laws and regulations including FAPE, LRE, and 504....
On the Call: Threat Assessments
Erin and Jeremy make a stop at the intersection of threat assessments and special education considerations. They discuss the importance of the Special Education team and the Threat Assessment team coming together to consider the role a student's disability may play in...
On the Call: Virtual Meetings
In this episode, Jeremy and Erin tackle the virtual meeting roadblocks that can cause your team to detour when trying to navigate good parent participation and adherence to the guidelines. They share the details of a recent case from Indiana where a parent used the...
Navigating the First Amendment in the Digital Age: U.S. Supreme Court Tackles Social Media Blocking Cases
In the ever-evolving landscape of the digital age, the U.S. Supreme Court recently delved into the complexities of First Amendment issues surrounding public officials' use of social media. Two cases brought before the Court raised crucial questions about the...
Special Education Update: DOE Issues Letter on Military-Connected Children with Disabilities
On November 9, the United States Department of Education released a letter on military-connected children with disabilities. The letter highlights the additional challenges that families of military-connected children with disabilities may face due to frequent...
Virtual Meetings and Hearings Get Another Consideration
Over the summer, members of the Ohio House introduced HB 257 to make permanent the ability for school board members and other public officials to attend meetings of the public body and to hold administrative hearings by virtual means. The bill, which was referred to...