Class Act: Updates in Education Law

Happy New Year!  For the last episode of Season 4, Christina, Lisa, and Miriam discuss emerging case law related to the pandemic.  Did school districts violate federal law by closing buildings in compliance with state orders issued in Spring of 2020?  How do hearing officers and state agencies respond to parents who claim their children have been denied a free appropriate public education when schools moved to remote learning? Is transferring a child to online instruction a change of placement requiring parental consent under the IDEA?  Join us for an initial glimpse into how courts and other decision-makers analyze special education complaints related to the coronavirus pandemic.

Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ (https://www.walterhav.com/podcasts-index/)

We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/christina-henagen-peer/ (https://www.walterhav.com/professional/christina-henagen-peer/)

https://www.walterhav.com/professional/lisa-h-woloszynek/ (https://www.walterhav.com/professional/lisa-h-woloszynek/)

https://www.walterhav.com/professional/miriam-m-pearlmutter/ (https://www.walterhav.com/professional/miriam-m-pearlmutter/)

This past summer, the federal Department of Education issued updated regulations for school districts and universities faced with sexual harassment or sexual violence complaints. Christina, Lisa, and Miriam discuss the initial guidelines, what prompted their rescission, and the changes described in the revised regulations. When a complainant reports an incident of sexual harassment or violence, school districts now have a detailed step-by-step process to follow in investigating the grievance and coming to a determination about responsibility.  Join us for an in-depth look at what these revised regulations mean for school administrators and the challenges your district may face in amending policies, updating practices, and training your team.

Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ (https://www.walterhav.com/podcasts-index/)

We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/christina-henagen-peer/ (https://www.walterhav.com/professional/christina-henagen-peer/)

https://www.walterhav.com/professional/lisa-h-woloszynek/ (https://www.walterhav.com/professional/lisa-h-woloszynek/)

https://www.walterhav.com/professional/miriam-m-pearlmutter/ (https://www.walterhav.com/professional/miriam-m-pearlmutter/)

Remote learning - an option many schools are implementing during the COVID-19 pandemic - undoubtedly comes with its own set of challenges.  How should districts address attendance when students fail to log in or turn on their video? What happens when children simply cannot access the district's platforms or technology, due to wifi problems, equipment issues, or other logistical difficulties? What if a family opts for in-person learning, but then wants to switch mid-semester?  Are students expected to follow the code of conduct when learning in pajamas at the dining room table?

Join Attorneys Christina Peer, Lisa Woloszynek, and Miriam Pearlmutter for a discussion of some frequently asked questions we receive about remote learning during this ongoing pandemic.  School districts face unprecedented challenges at this time and we are here to help talk through  these issues with you!

Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ (https://www.walterhav.com/podcasts-index/)

We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/christina-henagen-peer/ (https://www.walterhav.com/professional/christina-henagen-peer/)

https://www.walterhav.com/professional/lisa-h-woloszynek/ (https://www.walterhav.com/professional/lisa-h-woloszynek/)

https://www.walterhav.com/professional/miriam-m-pearlmutter/ (https://www.walterhav.com/professional/miriam-m-pearlmutter/)

Although this podcast episode was recorded pre-pandemic, it is more relevant than ever in these challenging times.  We all make mistakes and school district employees are no exception.  How should administrators and decision-makers handle human error affecting children and families? What if the mistake turns out to be willful neglect or even insubordination?  Are there good ways to let parents know about the incident and how the district plans to respond to ensuing concerns?  Join Christina Peer and Miriam Pearlmutter for a look at several real-world examples of staff misconduct that school districts addressed quickly and comprehensively for a positive outcome.

Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ (https://www.walterhav.com/podcasts-index/)

We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/christina-henagen-peer/ (https://www.walterhav.com/professional/christina-henagen-peer/)

https://www.walterhav.com/professional/lisa-h-woloszynek/ (https://www.walterhav.com/professional/lisa-h-woloszynek/)

https://www.walterhav.com/professional/miriam-m-pearlmutter/ (https://www.walterhav.com/professional/miriam-m-pearlmutter/)

Recorded before the pandemic, this episode explores manifestation determination reviews for special education students whose misbehavior violated their school's code of conduct. Join Christina and Miriam for a look at how these MDR decisions are made, why these meetings are important, and what common challenges special education teams encounter in contentious situations.

Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ (https://www.walterhav.com/podcasts-index/)

We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/christina-henagen-peer/ (https://www.walterhav.com/professional/christina-henagen-peer/)

https://www.walterhav.com/professional/lisa-h-woloszynek/ (https://www.walterhav.com/professional/lisa-h-woloszynek/)

https://www.walterhav.com/professional/miriam-m-pearlmutter/ (https://www.walterhav.com/professional/miriam-m-pearlmutter/)

In this episode, recorded before the pandemic, Christina and Miriam discuss a complicated and sensitive topic: parents who are registered as sex offenders, but still have various rights when it comes to participating in their own children's education.  How should a district respond if a registered offender wants to attend his or her child's classroom birthday party? What about a parent offender who wants to attend public Board meetings?  And who should be made aware of the parent's status as a sex offender? After a brief review of federal laws related to sex offender registration, Christina and Miriam address these and other challenging questions that administrators must navigate in these complex circumstances.

Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ (https://www.walterhav.com/podcasts-index/)

We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/christina-henagen-peer/ (https://www.walterhav.com/professional/christina-henagen-peer/)

https://www.walterhav.com/professional/lisa-h-woloszynek/ (https://www.walterhav.com/professional/lisa-h-woloszynek/)

https://www.walterhav.com/professional/miriam-m-pearlmutter/ (https://www.walterhav.com/professional/miriam-m-pearlmutter/)

Recorded before the COVID-19 pandemic, this episode highlights some of the more interesting education law cases decided by appellate courts in 2019.  Christina and Miriam summarize judicial rulings and discuss child abuse reporting, retaliation claims, MDR mistakes, and a restraint-and-seclusion case out of the 5th Circuit. Join us for a leisurely and informative look back at 2019!

Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ (https://www.walterhav.com/podcasts-index/)

We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/christina-henagen-peer/ (https://www.walterhav.com/professional/christina-henagen-peer/)

https://www.walterhav.com/professional/lisa-h-woloszynek/ (https://www.walterhav.com/professional/lisa-h-woloszynek/)

https://www.walterhav.com/professional/miriam-m-pearlmutter/ (https://www.walterhav.com/professional/miriam-m-pearlmutter/)

Team decisions about Extended School Year services can be complicated in a regular school year, all the more so during this Coronavirus pandemic. Many school districts are still closed but parents may be expecting in-person ESY services. Join Christina Peer, Miriam Pearlmutter, and Lisa Woloszynek as we discuss ESY decisions, recovery services, and what to keep in mind as your district contemplates fall re-opening scenarios.

We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/christina-henagen-peer/ (https://www.walterhav.com/professional/christina-henagen-peer/)

https://www.walterhav.com/professional/lisa-h-woloszynek/ (https://www.walterhav.com/professional/lisa-h-woloszynek/)

https://www.walterhav.com/professional/miriam-m-pearlmutter/ (https://www.walterhav.com/professional/miriam-m-pearlmutter/)

Well, this last quarter of the 2019-2020 school year has certainly been unusual! Students are adjusting to distance learning while districts are troubleshooting and problem-solving in innovative, creative ways. Christina Peer joins Lisa and Miriam to talk about how special education has - and has not - changed in the era of coronavirus distance learning. We also discuss privacy concerns arising as children connect from home and how to address graduation ceremonies during this COVID-19 pandemic.

We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments.

Please check us out at:

https://www.walterhav.com/professional/christina-henagen-peer/ (https://www.walterhav.com/professional/christina-henagen-peer/)

https://www.walterhav.com/professional/lisa-h-woloszynek/ (https://www.walterhav.com/professional/lisa-h-woloszynek/)

https://www.walterhav.com/professional/miriam-m-pearlmutter/ (https://www.walterhav.com/professional/miriam-m-pearlmutter/)

In this second episode of our two-part series on school districts' obligations in light of the emerging COVID-19 pandemic, we take a look at your top legal questions relating to school staff. Lisa and Miriam are joined by Susan Keating Anderson, a partner at Walter Haverfield who advises school districts as to labor and employment issues.  We talk about some of the critical questions faced by school districts as they close buildings and make difficult employment decisions: Are staff required to report in some way if a building is closed and students are learning from home?  What should districts keep in mind when determining whether employees should be asked to work remotely? Are hourly workers and salaried employees to be treated differently in this circumstance? In addition to the above issues, we also touch upon board meetings and public participation concerns.

Join Susan Keating Anderson, Lisa Woloszynek and Miriam Pearlmutter for a remotely-recorded episode exploring these and other timely district questions. We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments.

Please check us out at:

https://www.walterhav.com/professional/susan-keating-anderson/ (https://www.walterhav.com/professional/susan-keating-anderson/)

https://www.walterhav.com/professional/lisa-h-woloszynek/ (https://www.walterhav.com/professional/lisa-h-woloszynek/)

https://www.walterhav.com/professional/miriam-m-pearlmutter/ (https://www.walterhav.com/professional/miriam-m-pearlmutter/)