Teachers’ Rights Under a Limited Contract When Facing Non-Renewal in Ohio

In Ohio, the statutory process for contract nonrenewal of public school teachers is primarily governed by Ohio Revised Code (ORC) § 3319.11.

Initial Considerations

Before a board of education can decide not to renew a limited contract, they must follow the evaluation procedures outlined in ORC § 3319.111. This generally includes:

•           Formal Observations: At least three formal classroom observations are required for a teacher under consideration for nonrenewal.

•           Written Reports: The teacher must receive written reports of these evaluations with specific recommendations for improvement.

•           Timelines: Evaluations must be completed, and written reports provided to the teacher by specific dates (typically evaluations completed by May 1st and reports by May 10th). Failure to meet these timelines can impact the validity of a nonrenewal.

Notice Deadline

After the school superintendent recommends in writing to the board of education that the teacher's contract not be renewed, the board acts upon the recommendation. The board must give the teacher written notice of its intention not to re-employ them on or before June 1st of the academic year the contract expires. (ORC § 3319.11(G)).

While the board doesn't necessarily need "cause" to non-renew a limited contract, the nonrenewal cannot be based on discriminatory reasons (e.g., race, religion, gender, disability).

It's important to also note that collective bargaining agreements between teachers' unions and school boards may contain additional or modified procedures for nonrenewal, so long as they don't directly conflict with minimum requirements. The requirements of ORC § 3319.11 will prevail over any conflicting provisions of a collective bargaining agreement entered into on or after November 2, 2018.

Right to a Written Statement, Hearing and an Appeal

Here's a breakdown of the key aspects of teachers’ rights under limited contracts (those who have not attained continuing service status, often referred to as tenure) when facing non-renewal:

1. Teacher's Demand for Written Statement (ORC § 3319.11(G)(1)): Within ten days of receiving the notice of nonrenewal, the teacher can file a written demand with the treasurer of the board requesting a written statement describing the circumstances that led to the board's intention not to re-employ them.

1. Board Response to Teacher (ORC § 3319.11(G)(2)): Within ten days of receiving the teacher’s written demand for written statement, the treasurer of the board must provide the teacher with a written statement describing the circumstances that led to the board's intention not to re-employ them.

1. Teacher's Demand for Hearing (ORC § 3319.11(G)(3)): Within five days of receiving the written statement from the treasurer, the teacher can file a written demand with the treasurer for a hearing before the board of education. (Or, if the teacher opts to not demand a written statement, within ten days of the original nonrenewal notice.)

1. Written Notice for Hearing (ORC § 3319.11(G)(4): With ten days of receiving the teacher’s written demand for hearing, the treasurer of the board must provide the teacher with a written notice stating the time, date, and place of the hearing.

1. Hearing Before the Board (ORC §§ 3319.11(G)(4)-(5)):

• The board must schedule and conclude the hearing within forty days from the date the treasurer received the teacher's written demand for a hearing.

• The hearing is conducted by a majority of the members of the board.

• The hearing is typically held in executive session of the board unless the board and the teacher agree to hold the hearing in public.

• The superintendent, assistant superintendent, the teacher, and any person designated by either party to take a record of the hearing may be present at the hearing, including a right to counsel for the parties.

• The hearing focuses on the reasons for the proposed nonrenewal. At the hearing, the teacher is given the opportunity to be heard and present information.

1. Board's Written Decision (ORC § 3319.11(G)(6)): Within ten days after the hearing, the board must issue a written decision to the teacher, either affirming the intention of the board not to reemploy the teacher or vacating its intention not to reemploy (and expunging any record of the intention, notice of the intention, and the hearing conducted).

1. Teacher Appeal to Court (ORC § 3319.11(G)(7)): A teacher may appeal an order affirming the intention of the board not to reemploy the teacher to the court of common pleas (of the county in which the largest portion of the territory of the school district or service center is located) within thirty days from when the teacher receives the board’s written decision.

• An appeal is limited to the determination of procedural errors and ordering the correction of procedural errors.

• An appeal does not have jurisdiction to order a board to reemploy a teacher, except the court may order a board to reemploy a teacher when the court determines that evaluation procedures have not been complied with.

In summary, the statutory process for nonrenewal of a public school teacher's limited contract in Ohio involves adherence to specific evaluation procedures, timely written notice, and the opportunity for the teacher to request a written statement of reasons and a hearing before the board of education. Failure by the school board to follow these procedures can result in the automatic renewal of the teacher's contract. If a teacher receives a notice of nonrenewal, it is highly advisable to seek legal counsel immediately to understand their rights and options, as there are strict timelines involved.

 Written by Lorraine Harmer, Esq., Attorney at Abdnour Weiker LLP

Big Changes to Ohio’s Suspension/Expulsion Statute and How it Can Affect Your Kids

We all know that kids make mistakes. They often say things they do not mean out of anger and frustration. Sometimes they write their thoughts and feelings down in a journal or a notebook instead of saying something hurtful to another person – maybe it is even recommended by a counselor or therapist. What happens when those comments or feelings are then reported to the school? Or what happens when your child is falsely accused? Because of the world we live in today, school districts everywhere must take every report and allegation seriously. Here in Ohio, the law has changed significantly regarding the possible consequences that students may face with their school district.

Until recently, a public school district could largely only expel a student for a maximum of 80 school days.[1]  Following that 80-day period, so long as the student lived in the district, the district was required to allow the student to return to school. Beginning April 9, 2025, new provisions to Ohio Revised Code Section 3313.66 went into effect. There are now additional circumstances in which a district may expel a student for a longer period.

School districts are now permitted to expel a student for a period not to exceed one hundred eighty school days for actions that the Superintendent determines pose imminent and severe endangerment to the health and safety of other pupils or school employees. What does it mean to “pose imminent and severe endangerment” to the health and safety of others? Well, the statute does provide a definition. According to the statute, “imminent and severe endangerment” means:

·      Bringing a firearm to a school;

·      Bringing a knife capable of causing severe bodily injury to a school;

·      Committing an act that is a criminal offense when committed by an adult and that results in serous physical harm to another person;

·      Making a bomb threat; and

·      Making an articulated or verbalized threat, including a hit list, threatening manifesto, or social media post, that would lead a reasonable person to conclude that the pupil poses a serious threat.

Under this definition, if your child says something out of anger that they otherwise did not mean, draws a picture of something they saw in a video game because they thought it looked “cool”, or makes a joke that someone overhears and misinterprets – your child can now be expelled for 180 school days if the Superintendent, in their own discretion after providing notice and a hearing, determines that the behavior constitutes an imminent threat.

In addition, if a Superintendent chooses to expel the student for 180 days in these circumstances, the Superintendent shall develop conditions for that student to satisfy prior to the student’s reinstatement, including an assessment to determine whether the student poses a danger to themselves, to other students, or school employees. Then, at the end of the 180-day expulsion period, the Superintendent shall determine whether the student has shown sufficient rehabilitation to be reinstated. If so, the Superintendent should reinstate the student and allow them to return to school. However, if the Superintendent has determined that the student has not shown sufficient rehabilitation, the Superintendent may extend the expulsion for an additional 90 school days. If at the end of that additional 90-day expulsion period, the Superintendent reassesses the student and determines that the student still has not shown sufficient rehabilitation, the Superintendent may extend the expulsion again for another 90-day term. There is no limit on the number of times the Superintendent may extend an expulsion.

It is critical that parents and students are aware of this new addition to Ohio’s existing statute. The school year is almost over; however, it is never too late to have conversations with your children about their behavior in schools and the possible consequences

[1] There are some limited exceptions whereby a District may expel a student for a period not to exceed one year for certain offenses.

Written by Attorney Jessica Moore, Esq. at Abdnour Weiker LLP.

Silencing Elmo: Executive Restriction of Educational Content

“Unfortunately, Elmo was recently laid off because of federal budget cuts…Elmo loved his time at Sesame Street” reads the top of a LinkedIn Post from the official Elmo from Sesame Street account. This post followed an Executive Order by the Trump Administration titled “Ending Taxpayer Subsidization of Biased Media”, wherein the Administration intended to end the supply of federal funding granted to the public media outlets NPR and PBS.[1] The Executive Order called on the Corporation for Public Broadcasting's board of directors to “cease federal funding for NPR and PBS,”[2] on the grounds of ideological bias.[3]

Indeed, the language of the Executive Order notes that “Americans have the right to expect that if their tax dollars fund public broadcasting at all, they fund only fair, accurate, unbiased, and nonpartisan news coverage.”[4] The Administration has taken issue with the content being shared to American audiences through NPR and PBS programming such as Sesame Street, with the Administration describing it as “radical, woke propaganda disguised as news.”[5] Specifically, the Administration seems to take issue with the fact that PBS and NPR programming has included content related to the affirmation of various gender identities, as well as the discussion of racial inequality.[6]

This is not the first time that the administration has taken issue with educational content being publicly shared throughout the nation. In another similarly toned Executive Order, the Administration has also attempted to restrict the kind of educational content that can be taught in American public schools. This Executive Order, titled “Ending Radical Indoctrination in K-12 Schooling,” claims that “Anti-American, harmful, and false ideologies”[7] are currently being forced on American schoolchildren through content that discusses topics such as “White Privilege” or “Unconscious Bias.”[8] As such, the Administration, through use of this Executive Order, attempted to require “that recipients of Federal funds providing K-12 education comply with all applicable laws prohibiting discrimination in various contexts and protecting parental rights.”[9] It further called on the Secretaries of Education, Defense, and Health and Human Services to recommend an “Ending Indoctrination Strategy”[10] to eliminate federal funding for programs that promote “anti-American, subversive, harmful and false ideologies,”[11] including resources based on “gender ideology” and “discriminatory equity ideology.”[12] The Executive Order asks that the Secretaries mentioned above also create a process by which to prevent or rescind federal funds from K-12 schools that “support or subsidize”[13] these ideologies, including by deliberately concealing a minor’s social transition from their parents, using preferred pronouns or a name not corresponding to a student’s birth sex, and referring to a child as non-binary.[14]

Clearly, the language and message of the two Executive Orders were crafted to achieve one singular goal: the restriction of educational content in the name of retaliating against a “radical left, woke agenda.” But at its core, what is an Executive Order, and how effective are they at achieving such a mission?

An Executive Order is a directive that comes from the President. They have the full bite of the law without requiring Congressional approval but are limited in scope to the management of the operations of the Federal government.[15] The President is empowered to issue such orders through Article II of the U.S. Constitution, and such orders may be challenged or overturned if deemed unconstitutional.[16]

However strong the language of the Executive orders themselves, the actual application of any concrete restrictions on educational content or curriculums in public schools nationwide is unlikely. While schools may experience increased monitoring of their curriculums[17], the Executive Branch is not empowered to unilaterally alter the public-school curriculums used throughout the nation.[18] The U.S. Constitution hands final authority over education to the purview of the states, meaning that states are not required to adopt any federal curriculum policies.[19] The Federal Department of Education does not have the authority to set curriculum or dictate what is taught in schools. School Boards and Districts themselves have immense authority over curriculum decisions as well.[20] While some states may choose to follow the Administrations directives as listed in the Executive Order, other states may choose to challenge them.[21] This may lead to a piecemeal and uneven implementation of the Executive Order’s Policies and Procedures nationwide.[22] In addition, many states have already implemented culturally responsive or progressive education policies, such as California, New York, and Illinois, which emphasizes diversity, equity, and inclusion.[23] Such states would be unlikely to roll back such educational programming without resistance.

In addition, it is possible that the Executive Order could follow through on its threats to withhold federal funds from schools whose curriculum support or subsidize “harmful, anti-American” ideologies. However, loss of that federal funding, though detrimental, may not be enough to cow schools into obeying the order. Most school funding is handled at the local and state levels of governance, through which they receive roughly 90% of their total funding.[24] Thus, if financially feasible, many schools could choose not to comply with the order outright and simply lose federal financial support.[25] Furthermore, the Executive Branch’s ability to withhold or cut off Congressionally approved funding, even using Executive Orders, is limited by the Impoundment Control Act of 1974. This act creates a system by which the President may propose delays or cancellations of allocated federal spending, but Congress would then need to review it, typically within 45 days.[26] If Congress disproves of the alteration, the funds remain available for spending.[27] Therefore, the ability for the Executive Order to successfully withhold federal funding from schools whose curriculum it does not approve of may not succeed outright.

Overall, the Executive Orders issued by the Trump Administration aim to reshape public education and media funding in line with a particular ideological agenda, their practical impact is likely to be limited. Constitutional constraints, state and local control over education, and legal limitations on withholding federal funds all serve as significant checks on the Executive Branch’s authority to achieve this mission. As debates over education, identity, and public media continue to intensify, these Orders seem to serve more as political statements than enforceable policy shifts. The future of programs like Sesame Street and culturally responsive public-school curriculums will likely be determined not by Executive mandates, but by the values upheld within individual states and communities.

[1] David Folkenflik, “Trump Says He’s Ending Federal Funding for NPR and PBS. They Say He Can’t,” NPR, May 2, 2025, sec. Media, https://www.npr.org/2025/05/02/nx-s1-5384790/trump-orders-end-to-federal-funding-for-npr-and-pbs.

[2] Executive Orders, “Ending Taxpayer Subsidization Of Biased Media,” The White House, May 2, 2025, https://www.whitehouse.gov/presidential-actions/2025/05/ending-taxpayer-subsidization-of-biased-media/.

[3] Folkenflik, “Trump Says He’s Ending Federal Funding for NPR and PBS. They Say He Can’t.”

[4] Orders, “Ending Taxpayer Subsidization Of Biased Media.”

[5] The White House, “The NPR, PBS Grift Has Ripped Us Off for Too Long,” The White House, April 14, 2025, https://www.whitehouse.gov/articles/2025/04/the-npr-pbs-grift-has-ripped-us-off-for-too-long/.

[6] House.

[7] The White House, “Ending Radical Indoctrination in K-12 Schooling,” The White House, January 29, 2025, https://www.whitehouse.gov/presidential-actions/2025/01/ending-radical-indoctrination-in-k-12-schooling/.

[8] House.

[9] House.

[10] House.

[11] House.

[12] House.

[13] House.

[14] “Unpacking Indoctrination and School Choice EOs: How Are K-12 Schools Affected? - Jackson Lewis,” February 6, 2025, https://www.jacksonlewis.com/insights/unpacking-indoctrination-and-school-choice-eos-how-are-k-12-schools-affected.

[15] “Unpacking Indoctrination and School Choice EOs.”

[16] “Unpacking Indoctrination and School Choice EOs.”

[17] “Unpacking Indoctrination and School Choice EOs.”

[18] John Pascarella, “What Does the ‘Ending Radical Indoctrination in K-12 Schooling’ Executive Order Mean for Equity-Driven Educators?,” USC Race and Equity Center, n.d., https://race.usc.edu/wp-content/uploads/2025/03/2025-Practice-Brief-Final.pdf.

[19] Pascarella.

[20] “Unpacking Indoctrination and School Choice EOs.”

[21] Pascarella, “What Does the ‘Ending Radical Indoctrination in K-12 Schooling’ Executive Order Mean for Equity-Driven Educators?”

[22] Pascarella.

[23] “Unpacking Indoctrination and School Choice EOs.”

[24] “Unpacking Indoctrination and School Choice EOs.”

[25] “Unpacking Indoctrination and School Choice EOs.”

[26] Zachary Price, “A Primer on the Impoundment Control Act,” Lawfare, January 28, 2025, https://www.lawfaremedia.org/article/a-primer-on-the-impoundment-control-act.

[27] Price.

Written by Loren Safta, Law Clerk at Abdnour Weiker LLP

Homeschooling in Pennsylvania

Hey there, parents, guardians, and legal custodians! If you’re considering homeschooling in Pennsylvania, you are not alone. Whether you're exploring alternatives to traditional schooling or seeking a more personalized education, homeschooling can be a rewarding journey. Let's break down the essentials to get you started.

What is homeschooling?

Homeschooling or “home education programs” (as defined in Pennsylvania) are programs where the education of the student is directed not by the school but by the parent, guardian, or person who has legal custody of the child.[1]

Does Pennsylvania allow homeschooling?

In Pennsylvania, homeschooling is a right. If the documentation required by law and the school district of residence is submitted, then the school district's approval is not required (22 Pa. Code § 11.31a). (24 24 P.S. § 13-1327.1).[2]

However, there are restrictions when it comes to homeschooling. Restrictions include:

1.      The supervisor of the home education program (parent, guardian, or legal custodian) must have a high school diploma or its equivalent. For example, completion of a high school equivalency test (like the GED® or HiSET®), thirty college credits from an accredited college, or an otherwise qualifying diploma.

2.      All adults living in the home and persons having legal custody must not have been convicted of certain criminal offenses within the five years immediately before submitting an affidavit.[3] The offenses are itemized in 24 P.S. §1-111 (e).

Homeschooling is more highly regulated in Pennsylvania than in most of the country.[4] The timeline below provides a brief overview of important laws impacting homeschooling.[5]

How do you begin homeschooling?

To homeschool in Pennsylvania, you'll need to:

1.      Submit an Affidavit or Unsworn Declaration:

a.      Homeschooling begins when the home education supervisor (qualifying parent, guardian, or legal custodian) submits a notarized affidavit or unsworn declaration to the superintendent’s office in the student’s school district of residence. The supervisor should be prepared to certify that the student resides in the district.

b.     A new affidavit or unsworn declaration must then be submitted by August 1st each school year to continue homeschooling. (24 P.S. § 13-1327.1(b)(1)).

c.      Explore sample affidavits and unsworn declarations here.

2.      Maintain a Portfolio: Throughout the year, the supervisor keeps a collection of records and materials that show a proper education is occurring. The portfolio must contain reading logs, work samples, and test scores. Each portfolio will be unique!

3.      Yearly Evaluation: The law requires each homeschooled student to be interviewed, and their portfolio reviewed by a qualified home education evaluator every school year. This evaluation must state whether an appropriate education has occurred and document the student’s progress. Typically, the supervisor must submit the evaluator’s written evaluation to the superintendent of the student’s school district of residence by June 30 of each school year (24 P.S. § 13-1327.1(e),(h.1)).

4.      Transcripts: A homeschooling program has certain required courses, standardized testing requirements, and requirements to graduate. Transcripts should be kept by the supervisor to ensure all requirements are met.

What if my child has a disability or suspected disability?

When the affidavit is submitted for a student with a disability, it must have with it written approval that the needs of the student with a disability are addressed by the homeschool program. See 24 P.S. § 13-1327(d).

The home education supervisor has a choice of who will assure the program addresses the child’s needs, and may be any of the following:

1.      A teacher with a valid PA certificate to teach special education,

2.      A licensed clinical psychologist, or

3.      A certified school psychologist.

(The law does not require that the certification be active, only that it exists.)

If you believe your child has a disability and needs special education services (but has not been evaluated) the school district of residence is required to evaluate the child (at no cost) when such a request is made in writing. The district must explain the results of the evaluation. If the district fails to provide this service when requested, the supervisor can contact the PDE Special Education ConsultLine at 1-800-879-2301.

Providing special education services is a local decision and must be agreed to by both the supervisor and the school district or intermediate unit of residence. All services must be requested by the supervisor and be provided in public or licensed private schools (not your home). (24 P.S. § 13-1327(d)). School districts and intermediate units are not required to provide special education services but may at their discretion.[6]

Do homeschoolers get a diploma?

Families may choose supervisor-issued diplomas or enroll their child in one of the diploma-granting organizations recognized by PDE. Both options are equally recognized.

The following courses in grades nine through twelve are required to graduate from a homeschool program: (1) four years of English; (2) three years of mathematics; (3) three years of science; (4) three years of social studies; and (5) two years of arts and humanities.[7]

When can a child be homeschooled?

Compulsory school attendance – and so the option to homeschool – generally begins when a child turns six by September 1st and ends when the child turns eighteen (or graduation if sooner).[8] Although kindergarten is not required in Pennsylvania, an affidavit and written evaluation may be submitted to document the student’s progress, especially if the student might be enrolled in school in the future.

Is private tutoring the same as homeschooling?

Private tutoring is not the same as homeschooling but is another option to satisfy compulsory school attendance requirements. A parent or guardian may act as a private tutor for their own child if they are a PA-certified teacher. Background checks and other regulations apply.[9]

Parents may want to compare the differences between homeschooling and private tutoring to see which best matches the way they would like their child to be educated. There are many similarities but there also are differences. The chart below provides a brief overview of the structural differences.[10]

One strategy for parents is to have their child privately tutored through eleventh grade and then switch to homeschooling in twelfth grade so that the student can obtain a state-recognized high school diploma. If following this strategy, the parent will need to ensure that the private tutor structures the student’s education to meet all requirements.[11]

How many students are homeschooled in PA?

For the 2023-2024 school year, PDE reports that 42,615 students ages five to twenty-one received a home education (with the largest number of homeschoolers in Lancaster County).[12] Out of the about 1.9 million school-aged students in Pennsylvania, that equates to about two percent of the total school-aged population.[13],[14]

Final Thoughts

Embarking on the homeschooling journey in Pennsylvania requires careful planning and adherence to state regulations. However, it also offers the flexibility to tailor education to your child's unique needs and interests. Remember, you're not alone—numerous resources and communities are available to support you every step of the way.

For more detailed information, visit the Pennsylvania Department of Education's Home Education and Private Tutoring Guide. If you have further questions or want to know more about the legal requirements for homeschooling in Pennsylvania, please reach out to our attorneys or advocate at Abdnour Weiker, LLP.

Happy homeschooling!

[1] https://www.pa.gov/content/dam/copapwp-pagov/en/education/documents/instruction/home-education-and-private-tutoring/home%20education%20and%20private%20tutoring%20guide.pdf (page 12 of pdf)

[2] https://www.pa.gov/content/dam/copapwp-pagov/en/education/documents/instruction/home-education-and-private-tutoring/home%20education%20and%20private%20tutoring%20guide.pdf  (page 12 of pdf)

[3] https://www.pa.gov/content/dam/copapwp-pagov/en/education/documents/instruction/home-education-and-private-tutoring/home%20education%20and%20private%20tutoring%20guide.pdf (page 12 of pdf)

[4] https://hslda.org/legal

[5] https://www.pa.gov/agencies/education/programs-and-services/instruction/elementary-and-secondary-education/home-education-and-private-tutoring.html

[6] https://www.pa.gov/content/dam/copapwp-pagov/en/education/documents/instruction/home-education-and-private-tutoring/home%20education%20and%20private%20tutoring%20guide.pdf (page 46 of pdf)

[7] https://www.pa.gov/content/dam/copapwp-pagov/en/education/documents/instruction/home-education-and-private-tutoring/home%20education%20and%20private%20tutoring%20guide.pdf (page 40 pf pdf)

[8] https://hslda.org/post/compulsory-school-age-in-pennsylvania

[9] https://www.pa.gov/content/dam/copapwp-pagov/en/education/documents/instruction/home-education-and-private-tutoring/home%20education%20and%20private%20tutoring%20guide.pdf (page 21 of pdf)

[10] https://www.pa.gov/content/dam/copapwp-pagov/en/education/documents/instruction/home-education-and-private-tutoring/home%20education%20and%20private%20tutoring%20guide.pdf (page 21 of pdf)

[11] https://www.pa.gov/content/dam/copapwp-pagov/en/education/documents/instruction/home-education-and-private-tutoring/home%20education%20and%20private%20tutoring%20guide.pdf (page 22 of pdf)

[12] https://www.pa.gov/agencies/education/data-and-reporting/enrollment.html

[13] https://www.psba.org/wp-content/uploads/2024/01/2024-State-of-Education-report.pdf

[14] https://www.pa.gov/agencies/education/data-and-reporting/enrollment.html

Written by Lorraine Harmer, Esq., attorney at Abndour Weiker LLP

Know Your Rights: What Happens if ICE Comes to Your School

In recent months, concerns about immigration enforcement have grown – especially in places where students should feel safe: their schools. At our firm, we believe every student deserves to understand their rights. If you or your child is ever in a situation involving U.S. Immigration and Customs Enforcement (ICE) at school, here's what you need to know.

ICE Can’t Just Walk In

ICE agents are not allowed to enter school grounds and begin questioning students without proper authorization. For ICE to enter a school building or access a student, they must have one of the following:

·         A valid court-issued warrant or subpoena, or

·         Consent from the student (if over 18) or their parent/guardian (if under 18).

No warrant? No consent? Then ICE has no legal authority to enter. School staff are within their rights to ask ICE agents to leave.

Your Information Is Protected

Under the Family Educational Rights and Privacy Act (FERPA), schools are prohibited from sharing personal student information, including immigration status, without written consent from a parent or guardian (for students under 18) or the student themselves (if over 18).

The only exception is if ICE presents a valid court order. Even then, the school is required to notify the student or their family before complying to give them the opportunity to respond or seek legal guidance.

If ICE Tries to Question or Detain a Student

This is where knowing your rights matters most. If ICE attempts to question or detain a student, the student has the following constitutional rights:

·         The right to remain silent,

·         The right to an attorney,

·         The right against self-incrimination, and

·         The right against unreasonable search and seizure.

One important note: minors do not have the legal right to have a parent present during questioning by ICE. That’s why it is crucial for students to clearly state that they are choosing to remain silent and that they want to speak to a lawyer before answering any questions.

Schools Should Be Safe Spaces

No student should have to fear going to school. ICE activity on or near school grounds can be distressing, but it is essential to remember that the law provides protections. Schools, families, and legal advocates must work together to make sure every student understands these rights and feels supported.

If you have questions about a specific situation involving a student and immigration enforcement, or if your school community would benefit from a training or resource guide, please contact our firm. As stated in our mission, Abdnour Weiker is here to protect the rights and futures of students and educators.

So You Want To Be A Law Student: Five Things to Know Before Attending

If you’re a college student considering law school, you’ve probably heard an attorney say: “Don’t do it.” You’ve probably heard that it’s a difficult, sometimes miserable affair and people regret it more often than not. Here at Abdnour Weiker, we don’t subscribe to that belief. We know firsthand that you can find a fulfilling career in the law and live a happy, balanced life. We also know how important it is that you step into this new chapter of your life fully prepared for the myriad of challenges it can present because law school and the practice of law are not easy. If you’re reading this, you probably already know that you will need to take the LSAT and ensure your college GPA is high as you begin applying for law school, but you may not know what to expect about law school itself beyond that initial admissions process. In this article, we’ll try to give you some insight into five core principles you should know as you begin your law school journey.

1)   Honesty is the Only Policy

When you apply for admission to law school, you will need to disclose if you have ever been accused or found responsible for academic misconduct or arrested and convicted of a crime. Many students are hesitant to make these kinds of disclosures because they fear they will be denied admission. While that may be a risk, the reality is that this is the first of many ethical examinations you will undergo in the practice of law. Failing to disclose a history of misconduct will come back to be a bigger problem for you in the future when you undergo the Character & Fitness portion of your state bar admission process. If you disclose upfront, you show that you are able to admit mistakes, you are honest and can be trusted going forward. They will respect you more for disclosing upfront than if the issue comes up after you’ve already begun as a law student. Further, if you do not disclose and it later comes out that you should have, the law school you are attending may choose not to confer your degree to you. When it comes to the law, honesty is the only policy.

2)   Studying Begins Well Before You Apply

This does not mean you should spend the summer before law school memorizing case law. Rather, you should be preparing for the intensive studying you will be engaging in once your 1L year begins. Figure out what works for you: some people study best using online systems like Quizlet or Quimbee, and others prefer to create physical flash cards, outlines or study guides. Don’t worry about what everyone else is doing – focus instead on what kind of studying works for you and make the necessary preparations ahead of time. If that means stocking up on highlighters, that’s fine!

3)   Know What You Are Looking For In a Law School: Not Just What a Law School is Looking For in You

Believe it or not, not every law school functions the same way. Some law schools have strong clinical practicum components; some do not rank students in order to foster a more collaborative environment; and others have niche programs providing a focus on certain kinds of law. Consider the kind of law you are interested in practicing, the kind of environment you want to learn in, and the location you wish to reside in. Remember: you’re not just applying for law schools, they are applying for you, too.

4)   Clinics Are Critical

It is an oft-used phrase among lawyers that law school does not teach you how to practice law – it teaches you to think like a lawyer. This is largely true, but there are some clinical options you can engage in as a law student that will provide you with valuable experience. Every law school is different, but generally you can begin engaging in clinics during your 2L year. Your law school may have a criminal law clinic, an immigration law clinic, a family law clinic or something else. Know your options early, and schedule your coursework with an eye toward what clinics you want to engage in. Remember – these clinics provide the opportunity to engage with clients and the court system just as you would when you begin practicing law. The experience truly is invaluable.

5)   It Doesn’t Get Easier – You Get Better

Law school is a marathon, not a sprint. It can be tremendously difficult but that does not mean it will always feel like an insurmountable challenge. The workload is high and the content is often difficult. The truth is it does not get easier – you get better. If you apply yourself during your law school career you will notice changes as you progress from 1L to 2L and 2L to 3L. You will improve in your studying, testing and advocacy skills as a result of the challenges you face in law school, and it will make you a better lawyer one day. If you are interested in applying for law school, we at Abdnour Weiker say: “Go for it!”.

Written by Megan Mitchell, Esq., Attorney at Abdnour Weiker LLP.

Applied Behavior Analysis: A Comprehensive Overview

Applied Behavior Analysis (ABA) is a therapeutic approach designed to modify behavior through evidence-based techniques. Behaviorism, popularized by John B. Watson in 1913, laid the groundwork for ABA. Then, in the 1930s, B.F. Skinner’s operant conditioning concept highlighted reinforcement's role in behavior change. The 1960s saw the application of these principles to real-world settings, spearheaded by Dr. Lovaas. While some early practices, like punishment-based techniques, have been deemed unethical, modern ABA emphasizes ethical standards and positive reinforcement. The Behavior Analyst Certification Board (BACB), established in 1998, ensures that practitioners adhere to rigorous ethical guidelines.

Since its inception in the 1960s, ABA has been instrumental in assisting children with autism and related developmental disorders. Its primary aim is to enhance positive behaviors and diminish undesirable ones across various settings, including home, school, and community environments.

ABA focuses on teaching practical skills and fostering meaningful behavior changes by adapting to individual needs. The therapy often employs one-on-one sessions to achieve personalized outcomes. A cornerstone of ABA is positive reinforcement, where desired behaviors are followed by rewards that are meaningful to the individual, such as praise, food, toys, or access to preferred activities. This approach strengthens the likelihood of the behavior being repeated.

This process typically starts with identifying a goal behavior; a therapist determines specific skills or behaviors to be targeted. Next, the therapist will use the child’s preferences to develop a reward menu. They will use these rewards to provide immediate reinforcement when the child demonstrates the desired behavior. Over time, the frequency of rewards is adjusted to encourage sustained behavior changes. 

ABA therapists use the ABC model to analyze and influence behavior. This framework includes:

·         Antecedent: The event or environment preceding the behavior. 

·         Behavior: The individual's response or lack thereof.

·         Consequence: The result following the behavior, such as reinforcement or no reaction.

For example, if a teacher instructs a student to clean up and the student responds by yelling, ABA would involve modifying antecedents and consequences to teach a more appropriate response, like asking for extra time to clean up.

ABA aims to help individuals develop skills that promote independence and success in everyday life. Goals are customized to the individual’s abilities, preferences, and family dynamics and may include:

·         Communication and language

·         Social interactions

·         Self-care routines

·         Play and leisure activities

·         Motor skills

·         Academic learning

These skills are broken down into manageable steps, taught incrementally from simple to complex, to ensure measurable progress.

A Board-Certified Behavior Analyst (BCBA) oversees ABA programs. They start with a comprehensive assessment of the individual's skills and needs. Treatment goals are established based on this evaluation, and progress is monitored through data collection during therapy sessions. Regular reviews with families and staff allow for adjustments to teaching plans and goals. Typically, Registered Behavior Technicians (RBTs), supervised by BCBAs, deliver the therapy and collect the data.

ABA is recognized as an evidence-based best practice by the U.S. Surgeon General and the American Psychological Association. More than 20 studies have demonstrated its efficacy, particularly for intensive, long-term therapy (25-40 hours per week for 1-3 years). Documented benefits include improvements in intellectual functioning, language, daily living skills, and social behaviors. Although fewer studies focus on adults, the results also suggest positive benefits.

Despite its widespread use, ABA has faced criticism from some parents and autistic self-advocates. Concerns include:

·         A perceived overemphasis on eliminating behaviors rather than building skills.

·         Insufficient focus on understanding the causes of behaviors.

·         A clinical approach that may not generalize well to naturalistic settings.

·         Allegations of promoting neurotypical standards over individual authenticity.

Proponents of ABA counter this argument by stating that ABA’s focus is not on “curing” autism but on enhancing quality of life and independence.

ABA has been a focal point in legal decisions related to providing a Free Appropriate Public Education (FAPE). Courts have occasionally mandated ABA as essential for meeting the unique needs of students with autism. However, districts vary in their willingness to incorporate ABA into Individualized Education Programs (IEPs), and some parents have resorted to funding private ABA therapy. Important cases on the matter include: R.T. et al. (2006) v. Henrico County Public Schools, VA; T.H. v. Board of Education of Palatine Community Consolidated School District 15 (1998); and Dong v. Board of Education of the Rochester Community Schools, 197 F.3d 793 (1999).

Many private insurance plans cover ABA therapy when deemed medically necessary, not educationally necessary. Medicaid is required to fund ABA for individuals under 21 if prescribed by a physician. Coverage details depend on state regulations and insurance policies. Lastly, some insurance carriers only allow an RBT to provide services in the school setting, not a BCBA.

In conclusion, ABA is a dynamic, evidence-based approach that emphasizes positive reinforcement to achieve meaningful behavior changes. While it has proven benefits, ongoing dialogue with families and self-advocates is essential to address concerns and refine practices. Ultimately, ABA strives to empower individuals to lead fulfilling lives, emphasizing skill development and personal growth.

Written by advocate Danielle Randolph at Abdnour Weiker, LLP

The Intersection of Student Privacy and Special Education

What are the laws about educational records?

When it comes to your child’s educational records, there are a few laws that come into play.

Family Educational Rights and Privacy Act (“FERPA”)

The purpose of FERPA is to protect parent and student privacy.[1] FERPA applies to all students.[2]  FERPA grants parents the right to inspect and review their child’s educational records[3] and to request an amendment to their child’s educational records[4], and it prohibits school districts from disclosing personally identifiable information without parent consent (with some limited exceptions).[5] When reviewing educational records, FERPA also requires the District to “respond to reasonable requests for explanations and interpretation of education records.”[6] This means if you have questions about the records you’re reviewing, you can (and should!) request that the District explain and interpret those records for you, and the District has to respond, so long as your question is reasonable (i.e. related to the documents you’re reviewing).

FERPA defines an educational record as, “those records that are: (1) Directly related to a student; and (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.”[7] Looking at that definition a little more closely, a record is “any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm and microfiche.”[8] While FERPA doesn’t specifically define what it means to be “directly related to a student,” this is generally considered to include any record with personally identifiable information regarding a student. Personally identifiable information includes not only a student and parent’s names, their address, or other specific identifier (such as birth date or social security number), but also, “other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty” and “information requested by a person who the [school district] reasonably believes knows the identify of the student to whom the education record relates.”[9]

While “maintained” is also not defined by FERPA, the United States Supreme Court has defined it as, “to keep in existence or continuance; preserve; retain."[10]  The Court further noted that "[t]he word 'maintain' suggests FERPA records will be kept in a filing cabinet in a records room at the school or on a permanent secure database, perhaps even after the student is no longer enrolled." Id. at 433 (emphasis added). 

Individuals with Disabilities Education Act (“IDEA”)

IDEA is a civil rights law regarding students with disabilities, providing specific rules and rights for ensuring these students receive a free and appropriate public education. One of these rights includes the right to inspect and review records.[11] This applies to all records that are, “collected, maintained, or used” by the school district.[12] In addition to simply inspecting and reviewing the records, IDEA also gives parents the following rights:

(1)    The right to an explanation and interpretation of the records;

(2)    The right to copies, only if failure to do so would prevent you from inspecting and reviewing the records; and

(3)    The right to have a representative inspect and review the records.[13]

IDEA also requires school districts to, upon request, provide parents “a list of the types and locations of education records collected, maintained, or used by the agency.”[14]

Section 504 of the Rehabilitation Act (“Section 504”)

Under Section 504, parents must also be given an opportunity to “examine relevant records” regarding the student.[15] While section 504 does not define “relevant records,” the office of civil rights has given examples such as, " evaluation reports, report cards, a Section 504 plan, discipline records, and health records.”[16]

What do educational records have to do with testing records?

Testing records are, or at least they can be, educational records. So long as they contain personally identifiable information about your child (i.e. are related to the student), and are maintained by the District, the testing records are educational records. However, if there is no personally identifiable information, it is not.[17]  For example, if your child is given an intelligence test, such as the Wechsler Intelligence Scale for Children, and he either personally writes his information in an answer booklet with his name on it, or the evaluator records his answers on an answer booklet with your child’s name on it, that document is now considered an educational record. However, if the questions given to your child and/or the instructions are on a different document that does not have any personally identifiable information regarding your child on it, that document would not be an educational record.

While neither FERPA nor Section 504 specify how long these records must be kept before being destroyed, if your child receives services under IDEA, the Districts must inform you when records that are maintained, used, or collected are no longer needed for the child’s educational services.[18] While it’s up to the District when the records are no longer needed, they still must inform you of that decision and, if you request to inspect the records, they cannot destroy them while the request is pending. Further, under Section 504, although there is no similar requirement that the District notify you before destroying records, the Office of Civil Rights (OCR) has repeatedly found that District policies related to destroying testing protocols and scoring sheets, to the extent they are educational records, denied parents access to “all relevant records,” in violation of Section 504.[19]

Michigan has specific rules regarding the maintenance of testing records that go beyond the protections of IDEA and Section 504, to apply to both general education and special education students. In Michigan, student standardized testing data (records that document test scores and analysis for standardized tests that were taken by individual students) must be maintained until five years after the student graduates.[20] Summary testing data (records that document student performance on standardized tests; such reports document the scores of all students in the building who took the test) must be kept until five years after the date it was created.  For other states, you can generally find information regarding record retention schedules by searching “records retention and disposal schedule for [your state’s] public schools” via an internet search.

To the extent testing protocols and answer booklets are educational records, you have the right to review and inspect them. The biggest challenge you may face in requesting to review these documents is copyright concerns. However, so long as you are inspecting the records in person, this should not apply as the District is maintaining control and custody over the documents.[21] If you are seeking copies, this is a much more difficult burden to overcome. While there may be some exceptions for when copies must be provided, such as for due process hearings to ensure a fair hearing and appropriate representation by counsel,[22] in general both courts and OCR have found Districts to have complied with their obligations under FERPA, IDEA, and OCR where parents have been given an appropriate opportunity to inspect the records.[23]

Why is this important to me and my child with a disability?

Testing records can be a key tool when advocating for the appropriate identification, placement, or services for your child.  To use testing records to advocate for your child, first gather all relevant test results.  Then, analyze the data to identify strengths and weaknesses.  Finally, use specific details from the records to clearly communicate your child's educational needs to school officials, highlighting areas where additional support or accommodations might be necessary. 

Key steps to effectively use testing records for advocacy:

1. Obtain copies of all relevant testing data:

• This includes standardized achievement tests, ability tests, diagnostic assessments, and any other relevant evaluations your child has taken.[24]

• Make a list of all the testing your child has completed recently, and send a written request to the District to review and inspect all testing protocols and answer booklets related to these evaluations that contain personally identifiable information, as these are educational records pertaining to your child’s education.

2. Review and understand the test results:

• Learn the meaning of the scores, percentiles, and other metrics used in the testing reports. Look for consistent strengths and weaknesses across different tests to get a comprehensive picture of your child's learning profile. Also look for specific areas of concern within the itemized answers your child provided.

• If you have any questions about what you are reviewing, ask the District to provide someone who can explain the meaning of the information, how the test was administered, the resulting scores, etc. so you can fully understand the information presented.

• Bring a notebook when you go to review the documents, so you can take specific notes on your review and, as applicable, conversation with District staff explaining the records.  

3. Compare progress over time: if your child has taken similar tests in the past, compare their scores to show areas of growth or stagnation. Repeat steps 1 & 2 for future tests to continue comparing your child’s growth or stagnation.

4. Communicate clearly with the school: after reviewing the testing records and your notes, explain how the test results impact your child's learning in the classroom and how specific interventions or accommodations could address those needs. You can do this in writing or request a meeting to discuss your concerns and, as appropriate, revise your child’s IEP or 504 plan.

5. Be prepared to ask questions and make specific requests: during meetings with school officials, be ready to ask questions about the test results and how they will be used to inform your child's educational plan. Examples of specific requests include:

• For a child with reading difficulties: if standardized tests show significant gaps in reading comprehension, use the specific data points to advocate for additional reading interventions or a reading specialist.

• For a gifted child: if a test indicates high potential in specific areas, use the results to request enrichment activities or acceleration opportunities.

• For a child with learning disabilities: if a diagnostic evaluation identifies a learning disability, use the test findings to advocate for accommodations or special education services.

During advocacy discussions with the school, remember to present your information constructively – focused on solutions and potential interventions based on the test results.  The goal is to advocate for appropriate identification, placement, or services for your child using the information discovered during your review of testing protocols or other education records.

What happens if the District refuses my request to review records, or says the records don’t exist?

If the District denies your request to review records, or claims the specific records are not educational records, you have the right to file a complaint under FERPA. In general, you have 180 days to file a complaint from when the District denies your request to review and inspect the records. Information on FERPA’s complaint process can be found here: https://studentprivacy.ed.gov/file-a-complaint.

If the District says the records do not exist, or similarly denies the records are educational records, and you have a child with a disability receiving services under IDEA, you can file a state or due process complaint. For a state complaint, you have 1 year from the date you learned of the violation to file your complaint. The state will then investigate your complaint and issue a decision within 60 days; you also have an opportunity to participate in mediation to resolve your concerns. For a due process complaint, you will present your allegations in front of an administrative law judge, similar to a civil trial, and the judge will decide if the District violated IDEA. More information on these dispute resolution processes in Michigan can be found here https://www.michigan.gov/mde/services/special-education/dispute-resolution-options. For other states, check your department of education’s website for information on their dispute resolution processes. Because due process is considered a formal legal proceeding with strict timelines to be followed, and because the District will be represented by an attorney, while you do have the right to represent yourself, we highly recommend retaining an attorney or at least consulting with an attorney before filing on your own.

If your child is receiving services under IDEA or Section 504, you can also file a complaint with OCR. Information regarding OCR’s complaint process can be found here: https://www.ed.gov/laws-and-policy/civil-rights-laws/file-complaint.

In all cases, or if you have any other questions about reviewing and using testing records, you can reach out to an education attorney.

[1] See 34 CFR 99.2.

[2] See 34 CFR 99.3; 20 U.S.C. 1232g; 20 U.S.C. 1232g(a)(6).

[3] See 34 CFR 99.10-99.12.

[4] See 34 CFR 99.20-99.22.

[5] See 34 CFR 99.30-99.39.

[6] See Letter to Shuster, 108 LRP 2302 (OSEP 2007); 34 CFR 100.S62(b)(I); 34 CFR 99.10(c).

[7] 34 CFR 99.3; 20 U.S.C. 1232g(a)(4).

[8] 34 CFR 99.3.

[9] Id.

[10] Owasso Indep Sch Dist No. I-011 v Falvo, 534 U.S. 426, 433; 122 S Ct 934; 151 L Ed 2d 896 (2002) (quotation marks and citation omitted).

[11] 34 CFR 300.613.

[12] 34 CFR 300.613(a).

[13] 34 CFR 300.613(b).

[14] 34 CFR 300.616.

[15] 34 CFR 104.36.

[16] Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools, U.S. Dept. of Educ. Office for Civil Rights (Dec. 2016), available at https://www.ed.gov/media/document/504-resource-guide-201612pdf#:~:text=The%20Meaning%20of%20Disability%20Under%20Section%20504,-Major%20life%20activities&text=Major%20bodily%20functions%20are%20also,%C2%A7%2012102(2)).

[17] See Letter to Shuster, 108 LRP 2302 (OSEP 2007).

[18] 34 CFR 300.624(a).

[19] See St. Charles (IL) Community School District No. 303, 17 IDELR 16 (OCR 1990); Pawtucket (RI) School District, 111 LRP 16103 (OCR 12/17/10).

[20] https://www.michigan.gov/-/media/Project/Websites/dtmb/Services/Records-Management/RMS_GS2.pdf?rev=6bab3a5ee5544a479e9cb969e7a53de8

[21] See Letter to Price, 57 IDELR 50 (OSEP 2010).

[22] See Tri-County (IL) Special Educ. Coop., 257 IDELR 529 (OCR 1984).

[23] See In re: Child with a Disability, 505 IDELR 215 (SEA IL 1983); Supra Note 20; Doe v. Arlington County School Board, 30 IDELR 362 (E.D. Va. 1999), aff’d, 32 IDELR 58 (4th Cir. 2000), cert. denied, 115 LRP 3585, 531 U.S. 824 (2000), superseded by statute on other grounds as stated in N.L. v. Knox County Schools, 38 IDELR 62 (6th Cir. 2003); Kenilworth Board of Education, 106 LRP 2627 (SEA NJ 06/15/00); Arapahoe 5, Cherry Creek School District, 113 LRP 2895 (SEA CO 12/17/12). 

[24] Parents can request to review records by submitting a letter to the school. Disability Rights Michigan offers several sample form letters to use when requesting records.  See https://www.drmich.org/wp-content/uploads/2020/10/DRM_guide_chap2_2020.pdf.

  Written by attorney Jacquelyn Kmetz and law clerk Lorraine Harmer at Abdnour Weiker, LLP

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