Highlights from the 2024 Student Rights Conference

On July 18 and 19, 2024, educators, parents, legal professionals, and advocates joined both online and in-person to participate in AW Law’s First Annual Student Rights Conference. Hosted at The Childhood League campus in Columbus, Ohio, and the Corewell Health Southfield Center in Southfield, Michigan, this two-day event was carefully structured to cover a wide range of topics, with Day 1 focusing on special education rights and Day 2 broadening the scope to general student and parental rights.

Day 1: Special Education Rights

Day 1 of the conference kicked off with a deep dive into special education, offering invaluable insights for attendees navigating the complexities of the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. Presentations by AW Law attorneys and advocates, as well as local related service providers, equipped attendees with strategies to effectively collaborate with school districts to ensure their children receive the support they need. Sessions like “Walkthrough Sections of the IEP” and “Negotiation Tips & IEP Team Building” offered practical guidance on understanding Individual Education Programs (IEPs) and negotiating the best possible outcomes for students with disabilities.

A highlight of Day 1 was the panel discussion featuring representatives from various special education-focused organizations. This session not only provided a platform for these organizations to share their services but also offered parents a chance to ask questions and build connections that could support their advocacy efforts in the future. The day concluded with a networking reception, where attendees made valuable connections.

Day 2: Student and Parental Education Rights

Day 2 expanded the conversation to encompass broader issues of student and parental rights. AW Law Managing Partner Mark Weiker, Esq., opened the day with a compelling session on the challenges students face in navigating school discipline. This was followed by discussions on the evolving legal landscape of parental speech, the complexities of education record laws, and strategies for addressing bullying and harassment. Each session was designed to provide attendees with the knowledge and tools necessary to effectively for their students.

The conference also tackled contemporary issues such as the impact of social media on student lives and the legal challenges that can arise from its misuse. Sessions on topics like “Swipe Right: Legal Insights for Parents in the World of Sexting + Social Media” and “Title IX Sex-Based Harassment; School Obligations” were particularly relevant given the increasing role of social media in students’ lives. The conference closed with a discussion on school choice and special education scholarships, providing attendees with information on the various educational options available in Ohio and Michigan.

Overall, the Student Rights Conference 2024 was a success, bringing together a diverse group of stakeholders to discuss issues affecting students today. Attendees left equipped with knowledge and resources to help them navigate the educational landscape and advocate effectively for their children’s rights. We look forward to the Conference’s continued growth in 2025!

This summary was written by Ohio education attorney, Renee Stromski, with Abdnour Weiker, LLP. If you need assistance with an education law issue, please contact us at www.Lawyers4Students.com

Ensuring Access: Parental Rights for Private School Transit in Ohio

There is a strong emphasis on school choice in Ohio, which provides families with the
opportunity to select the most appropriate schooling path for their children. In some cases, families opt for private or nonpublic schools that best align with their values and educational preferences. A critical aspect that often arises in this decision-making process is the challenge of transportation. Luckily, Ohio state law outlines specific parental rights related to private school transportation coordinated by their local school district of residence.

Right to Private School Transportation

Under Ohio Revised Code (ORC) 3327.01, Ohio has outlined specific rights related to transportation for students to attend the private school of their choice from their public school district of residence. This statute states that if a student is attending a private school, parents have the right to request transportation services from their local district if the private school is located 30 minutes or less from the school building within the school district of residence that the child would attend had they been enrolled within the district.

The request for transportation services is typically made to the local district’s board of education. Families should be sure to adhere to any deadlines or requirements for submitting transportation requests. Once the request is received, the board must review it and determine whether or not they can practically provide transportation.

Understanding Impracticality and Initiating the Appeals Process

The concept of impracticality is a critical factor in determining whether a local district must provide transportation to a nearby private school. Districts have the right to declare transportation “impractical” for a student to a private school based on the consideration of all six of ORC 3327.02(A)’s statutory factors:

(1) The time and distance required to provide the transportation;
(2) The number of students requesting to be transported to the same or nearby schools;
(3) The cost of providing transportation in terms of equipment, maintenance, personnel, and administration;
(4) Whether similar or equivalent service is provided to other students eligible for transportation both within and outside the district;
(5) Whether and to what extent the additional transportation service would unavoidably disrupt current transportation schedules; and
(6) Whether other reimbursable types of transportation are available.

If the district determines that providing transportation is impractical, they must notify the family in writing along with a specific offer of a payment-in-lieu of transportation and the opportunity to reject this offer and pursue mediation procedures with the Ohio Department of Education and Workforce (“ODE”). If mediation fails to resolve the dispute, ODE will then conduct a formal appeal hearing.

Importantly, once a parent initiates mediation procedures with ODE, the district becomes obligated to provide transportation for the student to the private school until an agreement or decision on the case has been reached.

Approaches to the Appeals Process

There are various strategies and evidence that families may use to help show to the assigned hearing officer that the district's decision was erroneous, and that transportation is practical. One key aspect to challenge is the district's determination of impracticality based on distance. The parent can provide evidence such as maps or official travel time estimates demonstrating that the private school is within a reasonable distance for transportation. This can include documentation showing typical commuting routes, traffic patterns, and actual travel times during school hours.

Gathering testimonials from other parents or community members facing similar transportation challenges can provide additional support. Additionally, seeking expert opinions from transportation specialists can bolster the argument for the practicality of transportation to the private school. It is also important to highlight any precedents or comparable cases where transportation was deemed practical for similarly-situated private schools and/or students, which can underscore the reasonableness of the district’s decision.

Implications of Hearing Outcomes

Initiating an appeal under ORC 3327.02 is not just about advocating for one student’s transportation needs; it can have broader implications for other families within the district. If the appeal is successful and transportation is mandated, the district must continue to provide transportation services. This sets a precedent that benefits not only the appealing family but other families facing similar challenges.

However, if the appeal is denied and transportation is deemed impractical, this decision becomes binding. This means that neither the appealing family nor any other family in the district attending the same private school can appeal the district's decision regarding transportation so long as the facts remain comparable. It will be important for a family to seek legal counsel to assist with presenting a strong case, navigating procedural challenges, and safeguarding the overall rights and education of the student during this process.

Written by attorney Renee Stromski at Abdnour Weiker, LLP

http://www.Lawyers4Students.com

Do I Need an Attorney, an Advocate, Both or Neither?

When do you need a special education attorney versus a parent advocate?

Federal and state laws require school districts to find and identify children with disabilities. Parents can request that their child be evaluated, and schools must respond appropriately. Once children have been identified, the schools are required to determine if they are eligible for special education services, and if they are, to provide those services in an appropriate manner.

In many cases, and with the right information, parents can advocate effectively for their child in the special education setting. The special education process was set up to be relatively non-adversarial and to allow parents to be members of the IEP team and collaborate with schools. However, some school districts push back when parents question their decisions, fail to truly inform parents of their rights under IDEA and Section 504, and fail to identify, evaluate or provide appropriate services to children with disabilities. If you are experiencing push back, you suspect something is wrong but cannot get your school to listen, or you believe your child is not getting services that allow him or her to progress appropriately, it may be time to call for help.

Your next decision is whether to call a special education attorney or parent advocate.

Abdnour Weiker, LLP has both advocates and special education attorneys to handle cases. Our advocates are many times more financially affordable to families, typically billing at 50% of the attorney hourly rate. Another benefit to hiring Abdnour Weiker, LLP is that you can start with an advocate but if the situation ever progresses to needing an attorney, our attorneys are already up to speed and familiar with your case. That means less time transitioning from an advocate to an attorney, and less money spent by the family.

Both advocates and attorneys should have a solid understanding of the IDEA and 504 frameworks at the state level, disabilities, educational theories and practices, and school environments. They should be aware of appropriate interventions for children with disabilities, be able to connect you with resources and services outside the school, and be adept at effectively communicating with school districts.

Here are some tasks that BOTH special education attorneys and advocates should be able to do well:

• Evaluate initial and triennial Evaluation Team Reports

• Advocate for and help draft appropriate and effective IEPs

• Advocate for Section 504 eligibility and help draft appropriate and effective 504 plans

• Advocate for Independent Educational Evaluations

• Evaluate and advocate for Functional Behavior Assessments & Behavior Intervention Plans

• Advocate for students with behavioral disabilities and protect those students when schools want to discipline them

• Understand and advocate for effective progress monitoring

So, when should you consider a special education attorney?

Advocates and attorneys should be able to evaluate your case to determine if you need legal or advocate assistance. However, the following may be red flags to alert you that an attorney may be needed:

• Your child’s needs concern specific areas of law such as placement outside of the school, your legal rights of confidentiality, etc.;

• Your child faces expulsion and/or criminal charges for conduct within the school;

• The school has brought in an attorney to help them, or you need to answer a letter written by an attorney; or

• You need to move beyond advocacy to file a formal complaint or due process with the Ohio Department of Education, or a complaint with the Office of Civil Rights.

The best way to determine if you need an advocate or attorney is to call one and ask. A responsible advocate will tell you when you need an attorney, just as a responsible attorney will tell you when you can use an advocate. Make sure they listen more than they talk – the hallmark of effective advocacy is in their listening skills!

Questions? Call us at 614.745.2001 or visit www.Lawyers4Students.com