Class Act: Updates in Education Law

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)

In this timely bonus episode, Lisa and Miriam are joined by Attorney Kathy Perrico to discuss how recent medical marijuana legislation affects school districts' obligations. For example, are students with disabilities entitled to use medical marijuana on school grounds?  What happens when federal and state laws collide and how have some school districts navigated this legal quagmire? Enjoy this bonus Potcast episode and share your thoughts by sending us an email. 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)  

Rounding out our three-part series on technology, we are joined by James McWeeney who discusses what happens when school districts use social media to interact with their communities.  Can a district-sponsored Facebook page, for example, delete a parent's unflattering comments?  When does deleting comments implicate First Amendment issues and public-records questions? What is a public forum and how should school districts organize their social media presence to protect themselves from constitutional claims?  Join us for a fascinating look at these and other challenges faced by school districts who use technology in communicating with the public. James, 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/James-M-McWeeney-II (https://www.walterhav.com/professionals/James-M-McWeeney-II) 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)

How can parents monitor inappropriate app use?  Why would we want to limit our digital footprints?  What is the school district's role in addressing technology misuse?    Today's episode addresses all of these questions and more.  Attorney James McWeeney joins Lisa and Miriam to discuss how schools and families can work together to approach these challenges in a proactive way. James, 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/James-M-McWeeney-II (https://www.walterhav.com/professionals/James-M-McWeeney-II) 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)  

Joined by James McWeeney, an attorney at Walter Haverfield, Lisa and Miriam kick off a new series about social media challenges that school districts face on a daily basis.  You're probably familiar with Facebook, Twitter, and Instagram, but what are some of the other apps most popular with adolescents and preteens? How do students misuse apps and what can school districts and parents do about it? James, 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/James-M-McWeeney-II (https://www.walterhav.com/professionals/James-M-McWeeney-II)   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)

  In our final episode on employee investigations, Attorney Sara Markouc discusses employee rights, including Weingarten and Garrity rights.  Attorney Markouc also offers insight in conducting the critical employee interview, tips to remember in speaking with witnesses, and ideas for drafting the investigatory report in a thorough and specific way. Sara, 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/Sara-M-Markouc (https://www.walterhav.com/professionals/Sara-M-Markouc) 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)  

Joined by Attorney Markouc, Lisa and Miriam continue discussing the investigative process in disciplining employees. Imagine a paraprofessional who meets with the school's HR director and informs her that the special-education teacher she assists behaves inappropriately and unkindly towards the children in class, many of whom have severe disabilities.  What are the immediate initial steps the HR director should take? What are the key DOs and DON'Ts in conducting such an investigation? Does it matter if the teacher's aide is a repeat complainer? Sara, 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/Sara-M-Markouc (https://www.walterhav.com/professionals/Sara-M-Markouc)   https://www.walterhav.com/professionals/Miriam-M-Pearlmutter   https://www.walterhav.com/professionals/Lisa-Woloszynek (https://www.walterhav.com/professionals/Lisa-Woloszynek)  

Welcome back to the second season of Class Act: Updates in Education Law.   Joined by Attorney Sara Markouc, Lisa and Miriam start off the new year by diving into employee discipline.  What are the basics that an investigator must keep in mind when a school staff member is accused of violating district policy and/or the law? What are the most critical steps that administrators sometimes miss? Join our conversation and learn more about conducting defensible investigations that are upheld on review. Sara, 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/Sara-M-Markouc (https://www.walterhav.com/professionals/Sara-M-Markouc) https://www.walterhav.com/professionals/Miriam-M-Pearlmutter https://www.walterhav.com/professionals/Lisa-Woloszynek (https://www.walterhav.com/professionals/Lisa-Woloszynek)   mpearlmutter@walterhav.com (mailto:mpearlmutter@walterhav.com) lwoloszynek@walterhav.com (mailto:lwoloszynek@walterhav.com) smarkouc@walterhav.com (mailto:smarkouc@walterhav.com)

In this End-of-the-Year Bonus episode, Christina, Lisa, and Miriam talk about emails and texts that you and your colleagues should not be sending.  Enjoy and have a fantastic winter break ! Christina, Lisa, and Miriam practice education law at Walter Haverfield in Cleveland, Ohio. Drop us a line, let us know what you thought, and what 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/Lisa-Woloszynek (https://www.walterhav.com/professionals/Lisa-Woloszynek) mpearlmutter@walterhav.com (mailto:mpearlmutter@walterhav.com) lwoloszynek@walterhav.com (mailto:lwoloszynek@walterhav.com) https://www.walterhav.com/services/education (https://www.walterhav.com/services/education)#  

In our last episode on discipline, Christina, Lisa, and Miriam talk about some unusual situations and what the law allows school boards to do in terms of imposing discipline when weapons, drugs, or serious bodily harm are involved. Christina, Lisa, and Miriam practice education law at Walter Haverfield in Cleveland, Ohio. Drop us a line, let us know what you thought, and what 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/Lisa-Woloszynek (https://www.walterhav.com/professionals/Lisa-Woloszynek) mpearlmutter@walterhav.com (mailto:mpearlmutter@walterhav.com) lwoloszynek@walterhav.com (mailto:lwoloszynek@walterhav.com)   cpeer@walterhav.com (mailto:cpeer@walterhav.com)

Joined by Christina Peer, Lisa and Miriam delve into the depths of manifestation determination reviews for students with disabilities who have violated their school's code of conduct.  Was the behavior related to or a result of the student's disability? How do teams decide? Learn about the key issues to keep in mind and how to avoid some of the common mistakes teams make in conducting these reviews.   Christina, Lisa, and Miriam practice education law at Walter Haverfield in Cleveland, Ohio. Drop us a line, let us know what you thought, and what 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 and https://www.walterhav.com/professionals/Lisa-Woloszynek (https://www.walterhav.com/professionals/Lisa-Woloszynek) mpearlmutter@walterhav.com (mailto:mpearlmutter@walterhav.com) lwoloszynek@walterhav.com (mailto:lwoloszynek@walterhav.com) cpeer@walterhav.com (mailto:cpeer@walterhav.com)  

  In the second segment of our series on discipline, Lisa and Miriam are joined by Christina Peer for a discussion about students with special education needs.  When facing disciplinary consequences, children with disabilities are often entitled to additional legal protections, including manifestation determination reviews, functional behavior assessments, and behavior intervention plans.  But it is not always clear when these legal protections come into play.  Do these regulations apply to students who are in the process of being evaluated or only those already eligible?  What triggers a school's obligation to conduct a manifestation determination review? What are some common mistakes schools make when disciplining children with disabilities?   Christina, Lisa, and Miriam practice education law at Walter Haverfield in Cleveland, Ohio. Drop us a line, let us know what you thought, and what 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 and https://www.walterhav.com/professionals/Lisa-Woloszynek   mpearlmutter@walterhav.com (mailto:mpearlmutter@walterhav.com)   lwoloszynek@walterhav.com   cpeer@walterhav.com (mailto:cpeer@walterhav.com)