Class Act: Updates in Education Law

  Joined by Christina Peer, a partner at Walter Haverfield, Lisa and Miriam begin a three-part series on discipline.  In today's episode, we explore the Due Process rights all students are entitled to and take a look at some common challenges that school districts encounter in meting out disciplinary consequences.   Imagine a group of children fighting in the cafeteria.  You've decided that Bobby is the troublemaker and would like to suspend him immediately.  What steps must you take first?  What are your deadlines? What will courts look at if Bobby's parents challenge your decision? 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)  

School districts are obligated to follow not only state public records laws, but also federal and state student privacy statutes and regulations.  In this episode, Lisa and Miriam talk about the specific statutory requirements, particular exceptions allowed by the law, and complicated situations that districts sometimes encounter. Miriam and Lisa practice education law at Walter Haverfield in Cleveland, Ohio. Drop them a line, let them 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 lwoloszynek@walterhav.com

What are the immediate steps your administrators and staff should take when a bullying complaint comes in? How does this look on a practical day-to-day basis? This episode addresses the key steps in a comprehensive response to bullying complaints and offers an often-skipped strategy to avoid these complaints in the first place. Miriam and Lisa practice education law at Walter Haverfield in Cleveland, Ohio. Drop them a line, let them 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 lwoloszynek@walterhav.com

Continuing our series on bullying, Lisa and Miriam talk about ensuring that your district is in the best position when faced with a bullying lawsuit or agency complaint. Policies, paper trails, and anti-bullying programs are important features of a comprehensive approach to this nationwide challenge. Lisa and Miriam practice education law at Walter Haverfield in Cleveland, Ohio. Drop us a line and 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 lwoloszynek@walterhav.com

Bullying lawsuits and agency complaints are on the rise across the nation. What does the law say about bullying and what criteria do courts and agencies use in deciding legal liability? How can districts avoid being found deliberately indifferent to bullying? Miriam and Lisa start off our series on bullying with a brief overview of the laws and how they apply to school districts and their employees. Lisa and I practice education law at Walter Haverfield in Cleveland, Ohio. Drop us a line and let us know what you thought of the episode 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 lwoloszynek@walterhav.com

In part two of our series on religion, we tackle common questions that school districts face when employees assert their religious rights. Does a teacher have a First Amendment right to teach creationism? What precautions should be taken during the interview process? How should districts handle requests for schedule changes and time off for religious holidays? Lisa and I practice education law at Walter Haverfield in Cleveland, Ohio. Drop us a line and let us know what you thought of the episode 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 lwoloszynek@walterhav.com

A lot has happened since our last episode on districts' obligations towards transgender students! Today we talk about the new Administration's rescission of the guidance issued by the Office for Civil Rights, the Gloucester case development, and what to watch for in the months ahead. Lisa and I practice education law at Walter Haverfield in Cleveland, Ohio. Check us out at: https://www.walterhav.com/professionals/Miriam-M-Pearlmutter and https://www.walterhav.com/professionals/Lisa-Woloszynek Drop us a line and let us know what you thought of the episode and /or what education-related legal topics you'd like to hear about in future episodes! mpearlmutter@walterhav.com lwoloszynek@walterhav.com

The Supreme Court recently ruled on whether school districts are obligated to provide more than just a minimal benefit to students with special education needs. Here's our update and analysis of what this decision means practically for you. Enjoy the episode and let us know what you think! Lisa and I practice education law at Walter Haverfield in Cleveland, Ohio. Check us out at: https://www.walterhav.com/professionals/Miriam-M-Pearlmutter and https://www.walterhav.com/professionals/Lisa-Woloszynek Drop us a line and let us know what you thought of the episode and /or what education-related legal topics you'd like to hear about in future episodes! mpearlmutter@walterhav.com lwoloszynek@walterhav.com

Here's our update on the Supreme Court's decision in Fry v. Napoleon, the case looking at whether parents need to go through the special education hearing process or can go straight to federal court when they have a conflict with their child's school. Turns out that it depends on the central issue in the dispute: Is the conflict about special education services or one relating to disability in general? Lisa and I practice education law at Walter Haverfield in Cleveland, Ohio. Check us out at: https://www.walterhav.com/professionals/Miriam-M-Pearlmutter and https://www.walterhav.com/professionals/Lisa-Woloszynek Drop us a line and let us know what you thought of the episode and /or what education-related legal topics you'd like to hear about in future episodes! mpearlmutter@walterhav.com lwoloszynek@walterhav.com

In this episode, Miriam and Lisa tackle a sometimes-thorny issue: students' religious rights and how the First Amendment sometimes collides with school policies and practice. Learn about the law and enjoy a plethora of fascinating cases from all around the country! Can a district require students to cut their hair? Is student-led prayer before football games allowed? What about at graduation? What if a child writes an essay about her faith? Check us out at https://www.walterhav.com/professionals/Miriam-M-Pearlmutter and https://www.walterhav.com/professionals/Lisa-Woloszynek

Education Law Update tackles a fascinating and controversial topic: What does the federal government require of school districts serving transgender students and how did we get here? Lisa and Miriam summarize recent regulations issued by the Office for Civil Rights and discuss some of the more prominent case law, including Gloucester County School Board v. G.G., the famous Virginia case pending before the Supreme Court. We chat about why this topic is so controversial and how school districts across the country are reacting to these developments. Check us out at https://www.walterhav.com/professionals/Lisa-Woloszynek and https://www.walterhav.com/professionals/Miriam-M-Pearlmutter Please note that more recent changes related to the new Administration will be addressed in a separate podcast. Stay tuned! For an update explaining the new administration’s perspective on transgender issues, please take a look at this alert: https://www.walterhav.com/News-Events/post/trump-administration-withdraws-transgender-guidance

In the second part of our Supreme Court term preview, we explore Endrew F. v. Douglas County Schools, a case that addresses the most fundamental question in special education today: What level of education does a school district have to provide to its IEP students to meet federal FAPE obligations?  Is any educational benefit enough to comply with the IDEA or must districts provide meaningful educational benefits to their special education students? And what is a meaningful educational benefit anyway? Check us out at https://www.walterhav.com/professionals/Miriam-M-Pearlmutter and https://www.walterhav.com/professionals/Lisa-Woloszynek Also please note that more recent developments, including updates to this case, will be addressed in a separate upcoming podcast. Stay tuned! For an update explaining the Court’s recent decision in this case, please take a look at this alert: https://www.walterhav.com/News-Events/post/united-states-supreme-court-creates-new-standard-for-provision-of-a-free-appropriate-public-education https://www.walterhav.com/professionals/Miriam-M-Pearlmutter https://www.walterhav.com/professionals/Lisa-Woloszynek      

In our inaugural episode we talk about Fry v. Napoleon Community Schools, an education law case pending before the Supreme Court this term. What is the difference between IDEA and Section 504?  What remedies are available to parents under these laws and how will the Court’s decisions affect school districts? Can parents take claims straight to court and will this circumvent the administrative process? Check us out at https://www.walterhav.com/professionals/Miriam-M-Pearlmutter and https://www.walterhav.com/professionals/Lisa-Woloszynek Also please note that more recent developments, including updates to this case, will be addressed in a separate upcoming podcast. Stay tuned! For an update explaining the Court’s recent decision in this case, please take a look at this alert: https://www.walterhav.com/News-Events/post/supreme-court-allows-parents-to-avoid-ideia-administrative-process-for-section-504-claims   https://www.walterhav.com/professionals/Miriam-M-Pearlmutter https://www.walterhav.com/professionals/Lisa-Woloszynek