Class Act: Updates in Education Law

In the wake of school shootings and similar tragedies, many school districts across the country now offer hotline services where students can submit anonymous tips through an app, and a crisis center evaluates these concerns for bullying, suicidal ideations, or other potential violence. These technological advances come with many benefits for children and parents, but they also present some interesting legal issues for school boards and administrators.  For example, can a principal search a student's backpack based on an anonymous tip? What other obligations do school districts have in responding to tips sent to a third-party crisis center?  Attorney Peter Zawadski joins Lisa and Miriam in exploring the Fourth Amendment and its legal implications for school districts that use anonymous reporting apps.

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)

Student privacy can certainly be tricky in this era of rapidly-developing technology. It seems like everyone has privacy rights under the Family Education Rights and Privacy Act (FERPA) these days, but sometimes these rights and obligations collide.  For example, what if parents request a video recording of their child, but the clip includes footage of other students as well? Are districts obligated to redact video footage?  Doesn't that get expensive? Joined once more by Peter Zawadski, an attorney at Walter Haverfield, Lisa and Miriam review FERPA basics and discuss updated guidance from the Family Policy Compliance Office. This topic is a follow-up to the issues raised  in  Episode 12 of Season 1.

Miriam, Lisa, and Peter practice education law at Walter Haverfield in Cleveland, Ohio. We really do love hearing from you! Drop us a line, let us know what you thought, and tell us which education-related legal topics you'd like to hear 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/Miriam-M-Pearlmutter (https://www.walterhav.com/professionals/Miriam-M-Pearlmutter)

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

It seems like almost every week we hear yet another news story about a school in hot water because of a secret tape recorder or phone that a parent sent in a student's back pack. Is this even legal?  And what if a parent requests to send a recording device with her child in advance?  Do school districts have to agree?  What if the parent wants to record a team meeting?  When is a school district obligated to allow such recordings and what precautions should the team take?

Lisa and Miriam kick off Season Three with a fabulous interview with Peter Zawadski, an attorney at Walter Haverfield who often advises school districts about developments in technology and privacy laws. In this episode, Peter reviews school district obligations when parents ask to record their child's classroom or a team meeting, including considerations under the Family Education Rights and Privacy Act and the Individuals with Disabilities Education Act.

Miriam, Lisa, and Peter practice education law at Walter Haverfield in Cleveland, Ohio. We love hearing from you! Drop us a line, let us know what you thought, and tell us which education-related legal topics you'd like to hear 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/Miriam-M-Pearlmutter (https://www.walterhav.com/professionals/Miriam-M-Pearlmutter)

 

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

A district's special education process typically begins with a request for an evaluation, either from a teacher or a parent.  But even the best teams can miss requests, forget deadlines, and slack off in communicating with families.  In this last episode of our second season, Lisa and Miriam take a good long look at the most common ETR/ MFE mistakes teams make and how to avoid the liability that comes along with these errors.

Lisa and Miriam practice education law at Walter Haverfield in Cleveland, Ohio. We love hearing from you! Drop us a line, let us know what you thought, and tell us which education-related legal topics you'd like to hear about in future episodes! Check us out at:

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

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

College Credit Plus, also termed Dual Enrollment in some states, is a program that enables high school, or even middle school students, to take college courses for both college and high school credit.  Although these programs are a fantastic way for families to save money and expose students to higher learning opportunities, school districts may be faced with unexpected challenges when students with IEPs or 504 Plans take college classes.

Who is responsible for ensuring 504 accommodations at the university level?  Is a dually-enrolled high school student even entitled to IEP services in a college course? What should high school teams and counselors advise students with special education needs who may struggle with the higher demands and expectations of a College Credit Plus course?

Lisa and Miriam explore these questions and consider decisions from the Office for Civil Rights that shed light on school districts' obligations in these changing times.

Lisa and Miriam practice education law at Walter Haverfield in Cleveland, Ohio. We love hearing from you! Drop us a line, let us know what you thought, and tell us which education-related legal topics you'd like to hear about in future episodes! Check us out at:

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

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

What is mainstreaming?  In previous generations, most students with special education needs were taught apart from their neurotypical peers, in self-contained classrooms,  separate facilities, or even state institutions.  Decades of research, however, showed that children with disabilities do better when included in the general education classroom and exposed to peer modeling. Now, school districts are obligated to educate children in the least restrictive environment, also known as inclusion or mainstreaming. But mainstreaming special education students can be complicated and challenging, even for experienced educators.

In this episode, Lisa and Miriam explore a recent surprise ruling from the Sixth Circuit Court of Appeals that addresses mainstreaming and highlights the potential legal liability that comes with using self-contained settings for children who can be served in the general education classroom.   What are the challenges teams face when it comes to determining a child's least restrictive setting?  Which factors must districts consider when deciding whether inclusion or a self-contained classroom is best? What benefits must a general education setting provide to a child with severe disabilities to qualify as a least restrictive environment, and what does that instruction look like practically? In this episode, we explore these complicated questions through the lens of the Sixth Circuit's recent ruling in LH v. Hamilton, and consider the wide-range of implications for school boards, administrators, and teachers.

Lisa and Miriam practice education law at Walter Haverfield in Cleveland, Ohio. We love hearing from you! Drop us a line, let us know what you thought, and tell us which education-related legal topics you'd like to hear about in future episodes! Check us out at:

 

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

 

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

Just a few months ago, the Supreme Court issued a critical and controversial decision in Janus v. AFSCME, holding that public sector unions may not collect agency fees from nonmembers. What does this mean and whom will this affect? What are the implications for school boards around the country and what are some best practices for board members to keep in mind?    Lisa and Miriam dive into the legal and practical ramifications of this momentous ruling.

Lisa and Miriam practice education law at Walter Haverfield in Cleveland, Ohio. We love hearing from you! Drop us a line, let us know what you thought, and tell us which education-related legal topics you'd like to hear about in future episodes! Check us out at:

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

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

Rounding out our series on Section 504, Kathy chats with Lisa and Miriam about nonacademic and extracurricular activities for children with disabilities. What does the term "extracurricular" include?  What are districts' obligations to accommodate children with disabilities who want to participate in standard team sports? What might try-outs look like for a student who requests such an accommodation? Join us for an insightful and interesting discussion of the challenges school districts face.

Kathy, Lisa, and Miriam practice education law at Walter Haverfield in Cleveland, Ohio. Drop us a line, let us know what you thought, and tell us which education-related legal topics you'd like to hear about in future episodes! Check us out at:

https://www.walterhav.com/professionals/Kathryn-Perrico (https://www.walterhav.com/professionals/Kathryn-Perrico)

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

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

Hope your summer has been relaxing and productive!  In this timely episode, Kathy, Lisa, and Miriam continue discussing Section 504 Plans and common pitfalls that school districts encounter. Do all children with qualifying disabilities need a 504 Plan? What are the basics that must be included in a 504 Plan?  How specific should the plan be and why? Join us for an informative and lively chat on these and other disability-related questions.

Kathy, Lisa, and Miriam practice education law at Walter Haverfield in Cleveland, Ohio. Drop us a line, let us know what you thought, and tell us which education-related legal topics you'd like to hear about in future episodes! Check us out at:

 

https://www.walterhav.com/professionals/Kathryn-Perrico (https://www.walterhav.com/professionals/Kathryn-Perrico)

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

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

You've probably heard of Section 504, but sometimes laws can be confusing and the details may be a bit fuzzy.  What's the difference between eligibility under Section 504 and IDEA? Is the "free appropriate public education" standard different for kids who have a Section 504 disability versus those who qualify under the special education statute?  What's the difference between accommodations and modifications anyway?  Join Lisa and Miriam for a fantastic overview of Section 504 with Attorney Kathy Perrico who often advises districts on Section 504 laws and regulations.

Kathy, Lisa, and Miriam practice education law at Walter Haverfield in Cleveland, Ohio. Drop us a line, let us know what you thought, and tell us which education-related legal topics you'd like to hear about in future episodes! Check us out at:

 

https://www.walterhav.com/professionals/Kathryn-Perrico (https://www.walterhav.com/professionals/Kathryn-Perrico)

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

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