Class Act: Updates in Education Law

In this last episode of Season Six, join Christina, Miriam, and Lisa for an insightful discussion about the guidance issued by the Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS). This episode focuses on legal issues commonly arising when disciplining students with disabilities under the IDEA or Section 504. We will be back for Season Seven in Spring of 2023 and we can't wait to share our fabulous line up of cutting-edge education law issues with you. Have a wonderful holiday and fabulous winter break!

Every day, school district board members, administrators, and staff make critical judgment calls about student misconduct and subsequent discipline. What are the procedural and substantive due process rights that all students must receive for discipline to be upheld by a court or other reviewing body? What kind of notice must be given to the student and the student's parents? What are the most common mistakes school districts make and how do these errors affect subsequent proceedings? Join Christina, Lisa, and Miriam for a timely conversation about what to keep in mind in assessing misconduct, and issuing or reconsidering discipline for all students. Previous seasons of this podcast, including Season One, are available at 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-peerhttps://www.walterhav.com/professional/lisa-h-woloszynek/https://www.walterhav.com/professional/miriam-fair/

What happens if a public school teacher posts unfavorable comments about her school district on Facebook? What about a professor whose political commentary makes some students uncomfortable? When are these expressions protected by the First Amendment's free speech clause and when do they cross the line into a disciplinary matter? Join Christina, Lisa, and Miriam for a refresher on the First Amendment's application to public employees' speech in the school and postsecondary contexts. Previous seasons of this podcast, including Season One, are available at 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-peerhttps://www.walterhav.com/professional/lisa-h-woloszynek/https://www.walterhav.com/professional/miriam-fair/

This summer, the United States Supreme Court decided the Kennedy v. Bremerton case, which addressed a high school coach's First Amendment rights in praying after football games. Join Christina, Lisa, and Miriam for an in-depth analysis of this controversial decision and a look at possible implications for school districts across the country. This episode delves into the background of the decision, basic First Amendment principles, and what school districts should consider in addressing staff religious activity on school grounds. Previous seasons of this podcast, including Season One, are available at 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-peerhttps://www.walterhav.com/professional/lisa-h-woloszynek/https://www.walterhav.com/professional/miriam-m-pearlmutter/

The Family Education Rights and Privacy Act seems pretty straightforward: Maintain confidentiality and produce records to parents or adult students. But what happens when a record, like a video, includes information about more than just one student? What is the procedure when the requesting party is an attorney or a police officer? What about parents who want to observe their children's in-person or virtual classes? Join Christina, Lisa, and Miriam as we discuss your top FERPA questions and consider how school districts across the country are addressing challenging situations that may implicate student privacy rights. Previous seasons of this podcast, including Season One, are available at 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/lisa-h-woloszynek/https://www.walterhav.com/professional/miriam-m-pearlmutter/

As most school administrators know, the McKinney-Vento Homeless Assistance Act requires districts to immediately enroll students who are experiencing homelessness to ensure educational continuity and minimize disruption to learning. But what happens when a district is not sure whether a student meets the definition of homelessness? And what are the next steps if the family doesn't agree about which school the student should attend? Whose obligation is transportation and does it matter how far away the school is located? Join Christina, Lisa, and Miriam, as we discuss the history and basics of McKinney-Vento and touch upon some of the challenges that schools face in implementing this important federal law. Previous seasons of this podcast, including Season One, are available at 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/lisa-h-woloszynek/https://www.walterhav.com/professional/miriam-m-pearlmutter/

In the second episode of a two-part series on special education basics, Christina, Lisa, and Miriam discuss individualized education programs, free appropriate public education, and least restrictive environment. This episode is especially appropriate for new Board members and administrators, as well as anyone who may enjoy a refresher on the basics of the Individuals with Disabilities Education Improvement Act.Previous seasons of this podcast, including Season One, are available at 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/lisa-h-woloszynek/https://www.walterhav.com/professional/miriam-m-pearlmutter/

Welcome to the sixth season of Class Act! Today's episode presents a general overview of special education law, including a bit of historical background and a discussion about evaluations, eligibility, and Child Find. This episode is especially appropriate for new Board members and administrators, as well as anyone who may enjoy a refresher on the basics of the Individuals with Disabilities Education Improvement Act. Previous seasons of this podcast, including Season One, are available at 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/lisa-h-woloszynek/https://www.walterhav.com/professional/miriam-m-pearlmutter/

As school districts begin to implement the revised 2020 Title IX regulations for complaints of sexual harassment or violence, many administrators are facing numerous practical challenges. For example, how does the Title IX process integrate with state laws relating to suspensions and expulsions? What about a Title IX investigation involving an employee entitled to various due process rights? Join Miriam, Lisa, and Sara for a timely refresher on Title IX, sexual misconduct investigations, and complicated situations administrators are facing in 2022. Previous seasons of this podcast, including Season One, are available at 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/sara-g-katz/https://www.walterhav.com/professional/lisa-h-woloszynek/https://www.walterhav.com/professional/miriam-m-pearlmutter/ 

Even as the New Year begins, school districts are still dealing with challenging pandemic issues. This episode takes a look at one of the most controversial pandemic outcomes : mask mandates in schools. Whether your board is mandating masks on school grounds or allowing parents and employees to make their own decisions, there are important considerations to keep in mind, including students or staff members who may need accommodations one way or the other, due to disabilities, for example. Join Lisa, Sara, and Miriam for a great conversation about mask mandates in schools and how courts are responding to legal challenges. Previous seasons of this podcast, including Season One, are available at 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/sara-g-katz/https://www.walterhav.com/professional/lisa-h-woloszynek/https://www.walterhav.com/professional/miriam-m-pearlmutter/