Class Act: Updates in Education Law

As the COVID-19 pandemic shuts schools across the country, many districts are looking for guidance in uncertain times. What obligations do schools have to students and families when buildings are closed?  How can special education needs be addressed when children are logging on from home? Does the FERPA health emergency exception apply to disclosing confidential information if a student tests positive for the virus?

Join Christina Peer, Lisa Woloszynek and Miriam Pearlmutter for a remotely-recorded episode exploring these and other timely district questions. We will discuss general concerns for schools that remain open, as well as issues arising when districts close their buildings.

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/)

You probably know that parents of special education students are entitled to an Independent Educational Evaluation if they disagree with an evaluation conducted by the school district.  But what happens if a parent's proposed IEE is expensive or far away or is conducted by unqualified individuals?  Does the school still need to fund that kind of request? How long after an evaluation can a parent request an IEE and does she need to offer any kind of explanation for her dissatisfaction with the district's assessments? Join Lisa Woloszynek, Miriam Pearlmutter, and John Moenk, a law clerk and former school administrator, in exploring these questions as well as others we frequently receive about IEEs.

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/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/)

What is a functional behavior assessment? When is one required?  How is this different from a Behavior Intervention Plan?  Lisa and Miriam are joined by John Moenk, a law clerk and former school administrator, to discuss what federal law mandates when it comes to students with behavioral challenges. School administrators address misconduct on a daily basis, but some districts are more proactive and successful while others continue to struggle. This episode focuses on how to develop and implement behavior intervention plans (including conducting FBAs) that are meaningful and effective as opposed to perfunctory and redundant. 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/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/)

Happy Thanksgiving!  In today's episode, Lisa and Miriam are joined by John Moenk, our law clerk, to discuss common difficulties in preparing Individualized Education Programs (IEPs) for students with special education needs.  The IEP document reflects a school district's legal obligation to provide qualifying students with a free appropriate public education in their least restrictive environment.  But what does that really mean?  How should a team draft IEP goals and objectives?  What exactly needs to be included in the Present Levels of Performance Section and why?  What long term concerns should your teams be considering in determining a child's mastery levels, data collection methods, specially-designed instruction, and ways to measure progress?

Join us for an insightful conversation about common challenges and pitfalls school teams often face in developing IEPs under special education law and regulations. We practice law at Walter Haverfield in Cleveland, Ohio and we welcome your suggestions and comments.

Please check us out at:

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/)

As we all know, special education students often have disability-related needs outside of the traditional classroom setting.  In the transportation context, however,  some circumstances can challenge even the most experienced special education administrator or transportation supervisor.  For example, does a district need to provide door-to-door transportation or is curb-to-curb enough? What happens if a teen with a disability keeps missing the bus? How should a district handle a student whose bus behaviors present safety concerns for other children?

Join Lisa, Miriam, and our law clerk, John Moenk, for a quick look at some of our frequently asked questions when it comes to transporting students with special needs.  We practice law at Walter Haverfield in Cleveland, Ohio and we welcome your suggestions and comments. Please check us out at:

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/)

To finish up our Title IX series,  Ben Chojnacki joins Lisa and Miriam to discuss school districts' obligations towards transgender students. Over the last several years, some school districts across the country have found themselves embroiled in local and even national controversies over locker room facilities, preferred names, and overnight field trips.  In this episode, we consider a historical perspective on these hot button issues: What guidance did the Office for Civil Rights issue in 2016?  Why was it considered controversial and why was it later withdrawn? How are school districts addressing the needs of transgender students in 2019 while waiting for further guidance from federal agencies?

Join us for a closer look at this cutting edge topic, including an exploration of recent case law and current regulations. We practice law at Walter Haverfield in Cleveland, Ohio and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/benjamin-grant-chojnacki/ (https://www.walterhav.com/professional/benjamin-grant-chojnacki/)

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/)

The term "sex-based discrimination" may bring to mind harassment, exclusion, or various unwarranted assumptions about boys and girls. But did you know that Title IX applies also to equity in school sports, including non-discriminatory participation opportunities for male and female students? And what does equity in school sports mean, anyway?  If your district or university has a football team for men, must you have a football team for women as well? How can a district show compliance with Title IX regulations if only some students are interested in a particular sport?  What does the Office for Civil Rights look at when investigating this particular type of Title IX complaint?

For an in-depth look at these and other questions, join Lisa Woloszynek, Miriam Pearlmutter, and Ben Chojnacki to talk about the athletic provisions of Title IX and what these mean for your school's athletic department and programming. This episode also addresses single-sex classes and activities in light of guidance issued by the Office for Civil Rights.

 

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

https://www.walterhav.com/professional/benjamin-grant-chojnacki/ (https://www.walterhav.com/professional/benjamin-grant-chojnacki/)

 

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

 

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

Both universities and K-12 school districts are obligated to respond to complaints of sexual harassment or sexual violence promptly and thoroughly. But beyond that, additional administrative requirements can sometimes be controversial. What standard of proof should apply to a proceeding that could result in an expulsion for the accused student? Should cross-examining the accuser be permitted or does this ultimately risk violating the victim's rights?  What input should the public have into these regulations?

Continuing our discussion of Title IX,  Ben Chojnacki joins Lisa and Miriam to talk through some of the more controversial regulations issued by the Office for Civil Rights during  current and previous administrations. Join us to explore these and other high-profile topics related to sexual violence investigations in our schools and universities.

For this episode, Miriam and Lisa are joined by Ben Chojnacki, an attorney at Walter Haverfield who often advises educational institutions about their Title IX obligations.  We practice law at Walter Haverfield in Cleveland Ohio and we welcome your suggestions and comments. Please check us out at:

https://www.walterhav.com/professional/benjamin-grant-chojnacki/ (https://www.walterhav.com/professional/benjamin-grant-chojnacki/)

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

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

Simply put, Title IX prohibits sex-based discrimination in public schools and universities. But this fascinating and broad law affects many diverse aspects of a school district's daily operations - from handling bullying and harassment allegations, to ensuring equity in athletic programming, addressing employment discrimination claims, as well as transgender issues.  How and why was this wide-reaching statute enacted? What is the role of the Office for Civil Rights in enforcing Title IX and why is this agency so controversial lately?  Join us for an in-depth conversation about the origins and history of Title IX, along with a look at some of the key decisions and guidance documents affecting school boards and universities.

For this episode, Miriam and Lisa are joined by Ben Chojnacki, an attorney at Walter Haverfield who often advises educational institutions about their Title IX obligations.  We practice law at Walter Haverfield in Cleveland Ohio and we welcome your suggestions and comments. Please check us out at:

 

https://www.walterhav.com/professional/benjamin-grant-chojnacki/ (https://www.walterhav.com/professional/benjamin-grant-chojnacki/)

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

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

Booster groups are parent and community-led organizations that support and fundraise for various programs offered by public school districts, such as sports, drama, etc. Some booster groups are official and others are not, but any group's activities can raise challenging legal questions for school boards. Who is liable if a child is injured at a booster group event?  Can booster events feature alcohol and gambling? What are Individual Fundraising Accounts and are they even legal? Can students be required to pay a fee if they don't want to sell chocolate door to door?

Join Lisa, Miriam, and Peter to learn about booster groups and various federal and state laws that govern these organizations. We also discuss policies and practices that school boards should be implementing when working with booster groups.

Miriam, Lisa, and Peter practice education law at Walter Haverfield in Cleveland, Ohio. We love hearing from you, so drop us a line about what you enjoyed listening to and what topics you'd like to hear more about in future episodes.

 

Check us out at:

https://www.walterhav.com/professionals/Pete-T-Zawadski (https://www.walterhav.com/professionals/Pete-T-Zawadski)

https://www.walterhav.com/professionals/Lisa-Woloszynek (https://www.walterhav.com/professionals/Lisa-Woloszynek)

https://www.walterhav.com/professionals/Miriam-M-Pearlmutter (https://www.walterhav.com/professionals/Miriam-M-Pearlmutter)