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

Ohio Homeschooling Law Changes: What Parents Need to Know

The number of homeschooled students in the United States dramatically rose during the COVID-19 pandemic. This growth largely sustained itself through the 2022-2023 academic school year, cementing homeschooling as America's fastest growing form of education. In 2019, the National Center for Education Statistics reported that there were 1.5 million homeschooled children in the United States. The Washington Post recently estimated that number has risen to somewhere between 1.9 million to 2.7 million children, but there has not been an official federal estimate since 2019 [1].

In October 2023, homeschool law in Ohio experienced a major overhaul due to the signing of House Bill (H.B.) 33 which greatly reduced regulatory hurdles for homeschooling families. [2] So, what does this mean for Ohio students?

Under the new law, “home education” is defined as the “education of a child between the ages of six and eighteen years of age, that is directed by the child’s parent.” Under the previous law, parents/guardians were required to send an initial notification within one week from the child’s withdrawal from school, or no later than the first week of the school year. Now, parents/guardians must notify their superintendent within five calendar days after initially withdrawing from school and on the thirteenth day of August each additional year they chose to homeschool.

The notification must include…

• The student’s name
• The student’s address
• A signature from a parent/guardian
• An assurance that the home education with include instruction in the following: English language arts, mathematics, science, history, government, and social studies

Once the notification is received, the district superintendent must release the student from compulsory school attendance, and districts cannot request any additional information from the family. In addition, parents/guardians who chose to home educate their students are fully responsible for selecting curriculum and course materials for their children; there is no financial assistance from the state for these families.

Previously, when issuing a notification, parents/guardians were required to also include a syllabus outline as well as course materials. In addition, they were required to assure that their student would be provided with a minimum of 900 hours of home education each school year as well that the home teacher had a high school diploma or other equivalent accreditation. Each year, parents/guardians were also required to submit an assessment or evaluation of an education portfolio to show their students proficiency. These requirements were removed with the passing of H.B. 33.

Parents should also be sure to keep in mind that if they choose to enroll their student in a public school after being homeschooled, they shall be placed in the appropriate grade level, without prejudice and based on the district’s policies [3].

Sources

[1]https://www.washingtonpost.com/education/interactive/2023/homeschooling-growth-data-by-district/

[2]https://www.wfmj.com/story/49600360/new-law-changes-homeschooling-requirements-in-ohio

[3]Am. H. B. No. 33 (135th G.A.)

If you have questions or concerns about homeschooling, please reach out to Abdnour Weiker, LLP at www.Lawyers4Students.com or (614) 475-2001.

New DOE Regulations: Can Your College Withhold Your Transcript?

On July 1, 2024, several new federal regulations went into effect in a bid by Department of Education officials to “oversee predatory and low-quality institutions of post-secondary education”.

            Perhaps the most prominent change is that federal regulations no longer permit colleges that receive federal financial aid to withhold transcripts for course credits paid for with federal money. As it would be extremely difficult for institutions to determine which credits in a student’s transcript were paid for with federal funds, and subsequently to solely release transcripts with those courses, it is likely that this change to the federal regulation will amount to a national ban on the practice of withholding student transcripts when there is a balance owed by the student.

            Students throughout the United States have struggled to get their higher education institution to release their transcript because they owe a balance to the institution. This phenomenon creates stranded credits, or academic credits that a student has earned but which cannot be verified due to the institution’s refusal to release the transcript. If a student cannot get their transcript, they cannot prove the credits they have earned to any other institution and have to start over if they wish to continue their education elsewhere. According to the 2024 Transcript Regulation Impact Survey (TRIS) by the American Association of Collegiate Registrars and Admissions Officers, there are 6.5 million people in the United States with stranded credits with roughly $15 billion in debt owed to higher education institutions.

            This practice of withholding transcripts is utilized by higher education institutions to force students to pay the debts owed on their balance in order to have access to the formal record of their academic progress. This practice disproportionately impacts low-income students and students of color, and further bolsters inequities in the education system. Encouraging institutions to stop engaging in this predatory practice is one thing the Department of Education can do to help students that are struggling under the burden of student debt.

            Students aren’t out of the woods yet, though: several of the new regulations are already facing legal challenges, and whether this particular regulation remains in place will likely depend on how federal courts interpret the recent Supreme Court ruling in Loper Bright Enterprises v. Raimondo, which curtailed Chevron[1] deference and substantially limited the regulatory power of federal agencies.

            If you are a student struggling to get your higher education institution to release your transcript due to a balance owed, we recommend you consult with an attorney to see if you can use these new regulations to your advantage and get your transcript released to you.

Written by education attorney, Megan Mitchell at Abdnour Weiker, LLP

www.Lawyers4Students.com

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[1] In Chevron v. Natural Resources Defense Council,  the Supreme Court held that when a legislative delegation to an administrative/regulatory agency was not explicit but was implicit, the court could not substitute their own interpretation of the statute for a reasonable interpretation by the agency. This case created what is known as Chevron deference, wherein courts deferred to federal agencies on their reasonable interpretations of the regulatory statutes. In the recent decision in Loper, the Supreme Court has effectively put an end to the practice of Chevron deference.

Preparing Adolescents with Disabilities for “Real Life”

The world can inevitably be cruel and dangerous. In a perfect world, everyone would be kind, every place would be safe, and opportunities wouldn't depend on our financial circumstances. This is not the case. As unfortunate as it may be, the world can be even more challenging for our children with disabilities. 

It is an instinct to want to shield them from a world where they may be mistreated and discriminated against or to keep them close so that you can protect them from any danger that may surround them. This instinct undoubtedly increases as you find your child struggling with safety, social cues, and independence.

However, our children want to live fulfilling lives filled with work, love, and friends, just like any other person.

Love on the Spectrum is a docuseries on Netflix that follows individuals of all ages on the spectrum on their quest to find love. Throughout the show, here are some impactful quotes from individuals on the show: 

“I have so much love to give” -Journey, 18

“I really would like to have someone special with whom I can share the best moments of my life.” -James, 35

“I don't want to spend the rest of my life alone” -Connor, 24

“It would be nice for me to live on my own” -Dani, 28

In this unpredictable world, how can we support our children with disabilities in creating fulfilling lives while also preparing them for “real life”? Here is how:

1. Modeling: As you complete everyday tasks, walk your child through each step. Talk to them about what you are doing and why. Try to explicitly explain even the “small stuff,” such as volume/tone of voice, how to be appropriate in the given setting, etc. 

Example: If you are at the grocery store with your child, here are some things you can explain and discuss

• Refrigerated vs non-refrigerated items
• Making a list of ingredients to buy
• Appropriately standing in line
• Greeting a cashier
• Who to ask if you can't find something
• How to pay for your items

2. Help them foster friendships and relationships: If we are honest, almost everyone has had difficulty in social situations. As we get older, we start to understand how to handle and thrive in social situations. Making small talk, building healthy relationships, and making friends becomes more manageable. For our children with disabilities, this instinct may not come naturally and often needs to be explicitly taught. Here are some things you can help your child work through:

• Personal space during conversations
• What qualities make a good friend and a bad friend
• What different facial expressions mean
• When hugging is appropriate
• What to do when you have a crush on someone

3. Talk about “What If” Scenarios: We can all agree that if the world were more black and white, life would make much more sense. Unfortunately, life seems to be a grey area, where preparing for some of the cards we are dealt is almost impossible. However, once we handle something new for the first time, it gets much easier each time. This is the same for our children with disabilities. Each time we intentionally expose them to “what-if” scenarios, we help them become equipped and prepared to handle similar situations the next time. Over time, this can lead to them being able to handle the problem independently. Here are some suggestions on “what-if” scenarios that you can help your child prepare for:

• What to do if someone sends a mean text
• What to do if your friend wants you to steal
• What to do if you can`t pay for something
• What to do if you get lost
• What if someone asks for your personal information

Whatever disability your child may face, our job is to foster independence and support them in creating happy lives- whatever that may look like to them.  

“Disability is natural. We must stop believing that disabilities keep a person from doing something. Because that's not true. Having a disability doesn't stop me from doing anything”.

-Benjamin Snow, 8th grade

Written by intern McKayla Crayton at Abdnour Weiker, LLP

http://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

Understanding the Basics of Open Enrollment in Ohio: FAQs for Parents and Guardians

In this article, we address the frequently asked questions (FAQs) that parents and guardians commonly inquire when contemplating open enrollment for their children in Ohio. Whether you're exploring educational alternatives or seeking to understand the implications of such a decision, these FAQ responses aim to provide clarity and insight into the open enrollment process.

What is open enrollment?

Created in 1989, open enrollment, also known as inter-district enrollment or intradistrict transfer, allows students to enroll into another school district by following that district’s open enrollment policies and procedures. Students enrolled under an open enrollment policy must be allowed to attend tuition free.

• Who is eligible for open enrollment in Ohio?

Eligibility criteria vary by district, but generally, students who reside within Ohio and meet specific residency and enrollment requirements can apply. For example, a student must be enrolled in their resident home district to participate in open enrollment.

• What is the application process for open enrollment?

School districts are responsible for creating their own applications and procedures for open enrollment, which should be adopted by the district’s Board of Education and included in Board policy. The Ohio Department of Education annually updates their listing of open enrollment policies in Ohio school districts, which can be found here.

Parents and guardians typically need to complete an application form provided by both the home and receiving districts. The application may require supporting documents such as proof of residency. Further, students must apply for open enrollment on an annual basis. Though the receiving district may limit enrollment due to capacity or eliminate open enrollment in following years, students enrolled in the previous year when open enrollment is continued must be given priority.

• Is there a deadline for applying for open enrollment?

Deadlines vary by district, so it is important to check with both the resident and receiving districts for specific dates. However, the Ohio Department of Education has suggested the following timelines:

May 1 - Open enrollment applications are due in the superintendent’s office of the district considering open enrollment students.

June 15 - School districts inform parents/guardians whether the student has been accepted through open enrollment. 

June 30 - Parents/guardians notify the school district whether or not their child will attend the district under open enrollment.

• Will transportation be provided for open enrollment students?

The receiving district is required to provide transportation to the student, but only from an existing bus stop within the district and only for the same grade levels that they transport their resident students. Transportation from outside the district is the responsibility of the parents or guardians.

• Will my child be guaranteed enrollment in the receiving district?

Admission is typically subject to space availability and other factors determined by the receiving district's policies. There may be instances where applications are denied due to capacity constraints. A student can also be refused in order to maintain racial balance in a particular school building, and the district must specify criteria used to determine racial balance in its Board policy. However, a school district may not discriminate against any student because of a disability condition; nonetheless, special education students may still be refused admission if the district does not have the available services necessary to meet the needs of the student’s Individualized Education Plan (IEP).

• Can my child participate in sports or extracurricular activities at the receiving district?

Policies regarding participation in extracurricular activities vary by district. Further, if a student wishes to change schools through open enrollment, the student should consult with the school administration and follow the guidelines for athletic eligibility as established by the Ohio High School Athletic Association (OHSAA).

• What are the benefits of open enrollment for my child's education?

The decision to open enroll in another school district should be carefully considered based on your child's individual needs, interests, and educational goals. Parents and guardians should consider how the curriculum, extracurricular activities, and other aspects of the educational experience may differ between districts. It is also essential to be aware of any potential impacts on graduation requirements or transfer credits.

Parents and guardians considering open enrollment should contact both their resident and receiving districts for additional information and guidance tailored to their specific circumstances.

Renee Stromski is a Student Rights Attorney in Ohio with Abdnour Weiker, LLP

Student Privacy Rights Under FERPA: What To Do If Your Student’s Privacy Is Violated

Most parents are aware that their students have some privacy rights that schools must take appropriate action to protect. However, many parents are not aware of what establishes those privacy rights and, perhaps more important to parents, what can be done to protect them.

The Family Educational Rights and Privacy Act (FERPA) was adopted in 1974 as a Congressional response to the abuse of student records nationwide. FERPA serves two main functions: 1) guarantee access to students records for both students and parents; 2) limit third-party access to student records.

When processing a records request, a school must determine whether the materials requested qualify as education record materials. An “education record” includes records, files, documents and other materials, which: (1) contain information related to a student; and (2) are maintained by an educational institution. This includes things like a student’s academic work, test scores, psychological records, and family background. An education record does not include things like personal notes of a teacher or counselor, personnel records or law enforcement records.

So what happens when a student’s school releases part of their education record to a third party in violation of FERPA? One of the most common questions we receive is how parents can sue their child’s school for violating FERPA. Unfortunately, they cannot. FERPA creates no private right of action in the event of a school violation, meaning individuals cannot sue for a violation in court. Instead, in the event of a FERPA violation, a parent or student may file a Complaint with the Student Privacy Policy Office (SPPO) of the Department of Education alleging a violation.

A Complaint must be filed within six months of the violation, or within six months of when parents first knew or should have known of the violation. In this process, timeliness is key. Following a complaint, the SPPO will determine whether the school violated FERPA, and whether the school has a practice or policy of violating FERPA.

If the SPPO finds that a school has a practice or policy of violating FERPA, SPPO will then provide steps that the school must take to comply and provide a reasonable period to comply. If a school still does not comply, SPPO may withhold further payments made under any federal program and either issue a cease-and-desist letter or terminate federal funding.

Although there is no private cause of action guaranteed under FERPA it is still important that parents make their voices heard through the SPPO Complaint process. When facing the restriction or elimination of federal funding, schools will typically clean up their act with regard to maintaining FERPA-protected information. If you believe your child’s private, FERPA-protected information has been wrongfully distributed by their school, we encourage you to file a complaint with the SPPO and make your voice heard.

For more information about FERPA, check out the Special Education Legal Clinic’s FERPA video: SELC Understanding FERPA. Further SELC Workshops on other topics are also available.

Megan Mitchell is an education attorney in Michigan at Abdnour Weiker, LLP

www.Lawyers4Students.com

Michigan must extend right of child sex assault survivors to sue

In recent years, Michigan has become a poster child for shocking examples of large-scale sexual abuse of children and young adults, as the horrific crimes of Larry Nassar at Michigan State University and Robert Anderson at the University of Michigan have come to light. Countless other survivors, whose abusers are not public figures, have gone unrecognized in the media.

While the Michigan Legislature made a temporary exception for Nassar’s victims, the state’s current statute of limitations for survivors of childhood sexual assault is frustratingly narrow. Survivors can only file civil lawsuits until they are 28 years old — one of the most restrictive policies in the country. That means that too many survivors are denied access to justice and the opportunity to hold their abusers accountable. 

As an attorney who has dealt with many cases of childhood sexual assault — and as a long-time board member of The Firecracker Foundation in Lansing, which provides holistic healing services for children who have experienced sexual trauma — I’ve seen firsthand how this restriction prevents valid claims from going forward. 

Many victims of sexual assault can take years to process their abuse. In fact, the average victim of child sex abuse is 52 years of age by the time they report what happened to them, according to Child USA, a national nonprofit that fights to prevent child abuse and neglect. Tragically, the Department of Justice estimates that 86 percent of child sexual abuse goes unreported, due to trauma, power dynamics and institutions that protect abusers. 

Thankfully, the Michigan Legislature is finally on the cusp of taking consequential action. A new set of bills, introduced by State Rep. Julie Brixie of Meridian Township in 2023, would have extended the civil statute of limitations, allowing victims of childhood sexual abuse to file claims until they are 52 years old. The bill also included a two-year amnesty period, effective after the law is enacted, that would have allow anyone to file lawsuits against their abusers, no matter how long ago the abuse took place.

Similar bills have been introduced in past sessions of the state legislature, only to languish due to fierce opposition from the very institutions that protected and enabled abusers, such as universities, churches and other organizations concerned with their financial liability, according to reporting from the Associated Press. Unfortunately, the bills did not make it through the legislative process in 2023.

That’s shameful. We can’t let it happen again. 

Childhood sexual abuse has a deep and long-lasting effect on survivors. Survivors are frequently diagnosed with depression, anxiety and post-traumatic stress disorder. Many have difficulty forming healthy romantic relationships. Self-harm and suicide attempts can result. The economic impact of this type of abuse can be devastating as survivors find themselves unable to maintain steady employment. Our state has a responsibility and an obligation to give survivors the tools they need to heal and to provide an avenue for authentic and meaningful justice. 

For too long, Michigan has failed survivors of child sexual abuse. These bills are expected to be reintroduced in the 2024 legislative session.  They represent a huge first step toward bringing Michigan in line with numerous other states that protect the rights of abuse survivors. It’s the least we can do for those who have had so much taken from them. 

Liz Abdnour is a partner at Abdnour Weiker, LLP

www.Lawyers4Students.com

Board of Education Candidates in Ohio Can Be Surprised by State Law Disqualifying Some Candidates from Serving

School board elections are incredibly important to voters because of the direct impact that these elected officials could have on a family. Given the importance of these elections, it is surprising that one Ohio law disqualifying board of education candidates from serving on the board is not more known and understood.

According to Section 3313.33(B) of the Ohio Revised Code, no school board member shall have, “directly or indirectly, any pecuniary interest in any contract of the board.” What is a pecuniary interest?

In a 2014 Opinion, the Ohio Attorney General defined a “pecuniary interest” as simply an interest involving money. This law is certainly triggered when a school board member owns a company that does business in some capacity with the school district in which they serve. This makes sense.

However, this law also prohibits a school board member from being employed at a company that does business with the school district. In a 1999 Opinion, the Ohio Attorney General determined that a mere employment relationship is enough to trigger this rule. This is the case even if the employee’s specific duties and compensation are not directly linked to the contract with the district. The OAG reasoned that the existence, operation, and staffing level of the employer may be affected by the funds that are received from the school district. Even a pecuniary interest that is “small” and “indistinct” is enough to bar these relationships.

So, what happens when a school board member is simultaneously employed by a company that does business with the school district? In the same 2014 Opinion, the OAG explained that whenever a board member takes action in any matter in which he/she has a pecuniary interest, that action is void. Depending on the nature of the matter, this can have a substantial impact on the school district in which the member is serving.

For this reason, it is imperative that board of education candidates know the law and understand whether it disqualifies them from serving on the board of education.

What College Students Should Know About Off-Campus (Mis)Conduct

Most students know that their college or university can impose sanctions for their on-campus misconduct. What students may not know, however, is that their actions off-campus, including at home or on break, could also lead to sanctions.

Colleges and universities have expressed an interest in regulating students’ off-campus behaviors for a variety of reasons. First, universities want to protect their reputations as reputable institutions of higher learning and may discipline students for their off-campus misconduct to deter future behaviors that are contrary to their values and/or breach their codes of professional conduct. Second, certain kinds of off-campus behavior pose risks to other students’ safety and well-being—such as underage drinking, harassment, discrimination, violence, and drug abuse— and universities intervene to protect the campus community at large from these threats. Lastly, as social media use expands, it is increasingly difficult for universities to tell where on-campus behavior ends and off-campus behavior begins, so officials will sanction students more readily overall for uploading offensive content or engaging in cyberbullying.

Although no bright-line standard exists to predict precisely when a university will exercise jurisdiction, it is generally understood that the university disciplinary process can come into play where the student’s off-campus conduct “impacts the mission” of the institution or “causes substantial disruption” to the university community. As long as the school can demonstrate that there is a link between the off-campus behavior and the on-campus environment, it is permissible for the school to apply its code of conduct to these incidents.

However, it is important to know that, as of 2020, Title IX coverage does not extend to non-school-sanctioned activites occurring off-campus. Since its enactment in 1972, Title IX has prohibited sex-based discrimination, including sexual harassment, in educational activities. Under the 2020 regulations, the jurisdictional scope of Title IX has been narrowed, providing that if the alleged conduct occurs beyond the scope of an educational program, the school must dismiss the Title IX complaint. The school may still initiate its own disciplinary investigation, however, based on its own code of conduct.

Alternatively, crimes committed in a student’s hometown, while away on spring or summer break, or almost anywhere else, can follow students back to campus. This is because most schools consider their students to be representatives of their community no matter where they go. In other words, students are expected to always live in adherence to their institution’s values and morals. This is especially true for graduate or professional students. Universities can easily learn of students’ arrests or citations. So, students should err on the side of caution and be prepared for discipline that could arise from off-campus criminal acts.

Overall, university students are often held responsible for conducting themselves appropriately whether they are at home, school, or elsewhere. Whatever they may be facing, students are always encouraged to seek out legal counsel to guide them through the disciplinary process and to make sure their rights are protected at all stages of the proceedings.

Five Reasons That College Students Should Have an Education Attorney on Retainer

Going to college is an exciting time in a young person's life. It's a time of growth, learning, and independence. However, it's also a time when students may encounter legal issues they never anticipated. That's why having an education lawyer on retainer during college can be a wise decision. In this article, we'll explore the top five reasons why college students should consider having a lawyer readily available.

1. Legal Protection for Common Student Issues: College life can bring about various legal challenges, such as housing disputes, cheating allegations, code of conduct hearings, or even minor criminal matters. Having an education lawyer on retainer ensures you have expert advice when these issues arise. An education attorney can help you navigate the complexities of university policies and hearings, landlord-tenant and rommmate disputes, and even represent you in court if necessary.
2. Academic and Disciplinary Matters: College students can sometimes find themselves in situations where they face academic misconduct allegations or disciplinary (or "code of conduct" actions). College is much different than high school and the sanctions for misconduct can be severe. An education lawyer can assist you in understanding your rights, preparing your defense, and ensuring that the university follows its own procedures during disciplinary hearings.
3. Contract Review: Students often enter into agreements while in college, like leases, rental agreements, or employment contracts. A lawyer can review these contracts to ensure they are fair and protect your interests. They can also advise you on your rights and responsibilities under these agreements.
4. Criminal Charges and Offenses: Sometimes, students may find themselves on the wrong side of the law, whether it's underage drinking, drug possession, or another criminal offense. A lawyer can provide essential legal counsel, help you understand the potential consequences, and work on your defense strategy if needed. An education attorney can help you if the criminal matter results in a conduct matter with your college or university.
5. Preventive Legal Advice: Having a lawyer on retainer isn't just about reacting to legal issues; it's also about preventing them. A lawyer can provide guidance on how to stay within the bounds of the law. They can advise you on matters that may carry legal risks. Additionally, a lawyer can educate you on your rights, ensuring you understand how to protect yourself legally in various situations, from new business ventures to hosting parties to employment matters. This knowledge can be invaluable in avoiding legal troubles in the first place.

Your college's office of Student Legal Services may be able to help in certain, limited circumstances, but not when the opposing party is the university itself (like in code of conduct or academic misconduct proceedings) or another student at the university (like in a roommate dispute or Title IX hearing). Student Legal Services offices are operated by the college, and therefore they may have a conflict of interest with matters involving the college itself or other students at the college.

In conclusion, college can be an amazing time for personal and academic growth, but it's also a period when young adults may face unexpected legal challenges with serious implications. Having a private education lawyer on retainer can provide college students with a safety net and peace of mind. Lawyers can help you navigate legal issues, protect your rights, and offer guidance to prevent problems from arising in the first place.

The education lawyers at Abdnour Weiker, LLP are here to help. Our mission is to protect the rights and futures of students and educators. We operate in Ohio, Pennsylvania and Michigan.

Check us out at www.Lawyers4Students.com

Important Considerations for College Students When Using University Student Legal Services

University student legal services can be a cost-effective option for students seeking guidance and representation for routine legal matters such as traffic tickets, criminal defense, landlord-tenant disputes, employment issues and more. These university-operated services often “pool” the per-semester fees they collect from students broadly to fund the representation for the students they ultimately represent. Therefore it is a great value for students who end up needing the service. These offices are often staffed by attorneys and/or law students supervised by licensed attorneys. This service can be very beneficial, especially to students who do not have the means to hire private attorneys.

However, it is very important for college students to recognize the limitations of student legal services and the potential conflicts of interest that may arise. This happens when the opposing party in your matter is the university itself, an employee of the university, or a fellow student.

1. University legal services cannot assist you when the opposing party is the university itself.

First and foremost, university legal services cannot (and should not) assist you when the matter involves the university. It is very common for students to find themselves involved in proceedings, hearings or other disputes with their own universities. This could be in the form of academic misconduct or code of conduct hearings, university housing issues, in-state residency appeals for out-of-state students, Title IX hearings, grade appeals or even academic dismissals.

A conflict of interest arises when an organization has multiple interests that could potentially compromise its ability to fulfill the obligations impartially. When it comes to student legal services, the potential for a conflict of interest arises from the fact that these services are typically funded and/or operated by the university itself. The university's primary mission is to protect its own interests, which does not align with the interests of a student in a legal dispute against the university. Therefore, a conflict of interest exists in providing representation to a student when the opposing party is the university — or an employee of the university such as a professor or teaching assistant. To be sure, most legal services offices clearly inform students that they cannot represent them when the university or university employee is a party to the dispute. It is better for the student to seek private counsel.

2. University legal services may not be able to assist you when the opposing party is another enrolled student.

Legal matters also occur frequently for students against other students enrolled at the university. These may occur in the form of personal injury matters, car accidents, contract disputes, intellectual property disputes, roommate disputes, sexual assault claims and others.

In cases such as this, the student legal services office will likely have a conflict of interest, which is especially true if the opposing student has access to the same representation from the student legal services office. If the student legal services office does offer representation to you, be sure to ask your apoointed attorney questions about any existing conflicts — or conflicts that may arise as the matter progresses. Students should proceed very cautiously in using student legal services in these situations, to be sure that no conflict exists with the opposing student.

3. Always seek independent legal advice.

If you are facing a legal issue against your university or against a university employee, you should absolutely consult with a private attorney before taking an action that would jeopardize your rights or ability to challenge a decision later. You should also exercise caution when the matter involves another student at the university. When seeking private counsel, be sure to seek a law firm with experience in education law and student rights, such as Abdnour Weiker, LLP.

Abdnour Weiker, LLP

https://lawyers4students.com/

Five Big Changes Coming to Ohio Education Laws in the 2023-24 School Year that Parents Should Know

On July 1, 2023, the Ohio House and Senate approved a new 2-year state budget, which was signed into law by Ohio Governor Mike DeWine on July 5, 2023. Here are the most important provisions impacting education for Ohio parents and students:

PRIVATE SCHOOL VOUCHERS (aka EdChoice Scholarship): All Ohio school children will be eligible for a school “voucher” to help cover the cost of tuition participating private schools. Children whose families earn up to 450% of the federal poverty level (~$135,000/year for a family of four) will be eligible to receive a full EdChoice Scholarship in the amount of $6,165 (k-8) and $8,407 (high school). Higher earning families are still eligibile, but may receive reduced scholarship amounts. This does not affect families receiving the Autism Scholarship or Jon Peterson Special Needs Scholarship.

SIGNIFICANT FUNDING FOR PHONICS-BASED READING: The reconciled bill includes a significant investment in childhood literacy, particularly for phonics-based reading programs (a.k.a. the “Science of Reading”). The bill moves to eliminate “cueing” reading programs that have been used by school districts and educators for decades, but considered ineffective by many literacy experts. The funding in the new law includes allocations for training of teachers and district implementation over the next two years.

TOP 5% SCHOLARSHIPS FOR GRADUATES: Ohio high school students who graduate in the top 5% of their classes will be eligible for $5,000 scholarships to attend Ohio colleges and universities.

PARENTAL CONSENT FOR SOCIAL MEDIA: Children younger than 16 must get parental consent when they create new social media accounts starting Jan. 15, 2024. While not directly related to education funding, this budget item was initially requested by the Governor in an effort to protect the mental health of Ohio teenagers. It was included in the final bill.

NEW TEACHER PAY: The minimum annual salary for new public school teachers was increased modestly from $30,000 to $35,000. Many districts already have adopted salary schedules above this amount for first-year teachers. A proposal to increase the minimum salary to $40,000 was ultimately rejected.

Read more here: https://apnews.com/article/ohio-state-budget-taxes-education-vouchers-6f3c3abf4db444124d6c7b19090f5cc8

Abdnour Weiker, LLP (https://lawyers4students.com/)

2023 Ohio Summer Camp List

Summer camp is a longstanding tradition that provides a unique opportunity for children to embark on exciting adventures, make lasting memories, and develop crucial life skills. Summer camp serves as a chance for children to step outside their comfort zones and discover their independence. These unique experiences provided by summer camps build resilience and prepare children to face challenges with confidence.

We are pleased to provide a compiled list of various summer camps and programs available to children across Ohio.

* - inclusive of children of all abilities/programs may be modified)
** - requires diagnosis to attend
*** - requires diagnosis but is inclusive to typically-developing siblings and peers

Northeast Ohio (including Cleveland, Akron, Canton, and Youngstown)

1. Akron ArtWorks
   Akron, Ohio
   Type: Art
   Ages: 4-17 years
2. Akron Rotary Camp**
   Akron, Ohio
   Type: Traditional, Specialty (Disability Support)
   Ages: 6-21 years
3. Beck Center for the Arts*
   Lakewood, Ohio
   Type: Art, Dance, Theatre
   Ages: 4-18 years
4. Bellwether Farm Summer Camps
   Wakeman, Ohio
   Grades: 2-12
   Type: Traditional, Religious
5. Bright Futures Preschool Summer Program*
   Cleveland, Ohio
   Type: Traditional, Specialty (Disability Support)
   Ages: 3-5 years
6. Camp Cheerful by Achievement Centers for Children*
   Strongsville, Ohio
   Type: Traditional, Specialty (Disability Support)
   Ages: 5 years through Graduation
7. Camp Cornerstone
   Independence, Ohio
   Type: Specialty (Bereavement)
   Ages: 6-12 years
8. Camp Curiosity at Great Lakes Science Center
   Cleveland, Ohio
   Type: STEM
   Grades: K-2
9. Camp Frederick
   Rogers, Ohio
   Type: Traditional
   Grades: K-12
10. Camp Gilmour at Gilmour Academy
    Gates Mills, Ohio
    Type: Traditional, Academic
    Ages: 3-12 years
11. Camp Happiness by Catholic Charities Diocese of Cleveland**
    Wickliffe, Ohio
    Type: Traditional
    Ages: 5-21 years
12. Camp Ho Mita Koda**
    Newbury Township, Ohio
    Type: Traditional, Specialty (Disability Support)
    Grades: K-11
13. Camp Nuhop**
    Perrysville, Ohio
    Type: Traditional, Specialty (Disability Support)
    Ages: 6-29 years
14. Cedarbrook Camp of Ohio at Stony Glen
    Madison, Ohio
    Type: Traditional, Religious
    Grades: 1-12
15. Common Ground Center Summer Camps
    Oberlin, Ohio
    Type: Traditional, Adventure
    Ages: 6-15 years
16. FACEtime Summer Camp at Cleveland Hearing & Speech Center**

Cleveland, Ohio
Type: Specialty (Disability Support)
Ages: 9-16 years

1. Falcon Camp
   Carrollton, Ohio
   Type: Traditional
   Ages: 6-16 years
2. Kids Summer Camp at LifeCenter Plus Health and Fitness Center
   Hudson, Ohio
   Type: Traditional
   Ages: 5-12 years
3. Red Oak Camp
   Kirtland, Ohio
   Type: Traditional, Horse
   Grades: 1-10
4. SMILE Summer Camp at Peak Potential Therapy
   Northfield, Ohio
   Type: Traditional, Therapeutic, Specialty (Disability Support)**
   Ages: 6-16 years
5. Thrive Summer Camp at Therapy & Wellness Connection*
   Brecksville, Ohio
   Type: Traditional, Therapeutic, Specialty (Disability Support)
   Ages: Children of all ages

Central/Southeast Ohio (including Columbus and Athens)

1. Camp Architecture and Design at Columbus Center for Architecture and Design
   Columbus, Ohio
   Type: STEM
   Grades: 3-8
2. Camp Echoing Hills***
   Warsaw, Ohio
   Type: Traditional, Specialty (Disability Support)
   Ages: 13-Adulthood
3. Camp Hamwi by the Central Ohio Diabetes Association**
   Danville, Ohio
   Type: Traditional, Specialty (Disability Support)
   Ages: 3-17
4. Camp Nuhop**
   Perrysville, Ohio
   Type: Traditional, Specialty (Disability Support)
   Ages: 6-29 years
5. Camp Oty'Okwa
   South Bloomingville, Ohio
   Type: Traditional, Adventure
   Grades: 2-12
6. Camp Wyandot
   Westerville and Hocking Hills, Ohio
   Type: Traditional, Adventure
   Grades: K-12
7. Day Camp and Kindergarten Enrichment at Enchanted Care Learning
   Greater Columbus Area, Ohio (7 locations)
   Type: Traditional
   Ages: K-6
8. Future Pastry Chef Camps at Our Cupcakery
   Dublin, Ohio
   Type: Specialty (Cooking)
   Ages: 8-14 years
9. IDEAS Summer Camps for Boys & Girls

Columbus, Ohio
Type: Traditional
Grades: Preschool-8

1. RAW Camp at Rising Appalachia
   Millfield, Ohio
   Type: Adventure
   Ages: 6-17 years
2. Recreation Unlimited Camps***
   Ashley, Ohio
   Type: Traditional, Specialty (Disability Support)
   Ages: 5-Adulthood
3. Summer Camps and Programs at BalletMet
   Columbus, Ohio
   Type: Dance
   Ages: 4-8 years
4. Summer Challenge Day Camp at Central Community House**
   Columbus, Ohio
   Type: Traditional
   Ages: 5-13 years
5. Summer Experience at Columbus Academy
   Gahanna, Ohio
   Type: Traditional, Academic
   Grades: Preschool-12
6. Tennis Ohio at ACEing Autism**
   Columbus, Ohio
   Type: Sports
   Ages: 5-18 years

Southwest Ohio (including Cincinnati and Dayton)

1. Abrakadoodle Art Camps for Kids
   Greater Cincinnati, Ohio
   Type: Art
   Ages: 3-12 years
2. Aullwood Summer Earth Adventure
   Dayton, Ohio
   Type: Traditional, Adventure
   Grades: K-6
3. Camp Ashreinu
   Cincinnati, Ohio
   Type: Traditional
   Ages: 1.5 years-Grade 7
4. Camp Chabad
   Cincinnati, Ohio
   Type: Traditional, Religious
   Ages: 2 years-Grade 9
5. Camp-A-Palooza at Kids First Sports Center
   Cincinnati, Ohio
   Type: Traditional
   Grades: K-7
6. Cincinnati Reds Baseball & Softball Camps
   Various Locations in Central and Southeast, Ohio
   Type: Sports
   Ages: 6-14 years
7. Cincinnati Shakespeare’s Theatre Summer Camp
   Cincinnati, Ohio
   Type: Theatre
   Grades: 1-12
8. Dayton Live Creative Academy Summer Camp
   Dayton, Ohio
   Type: Performing Arts
   Grades: Preschool-12
9. Gorman Heritage Farm’s Summer Day Camp
   Evendale, Ohio
   Type: Specialty (Farm and Animals)
   Ages: 5-13 years
10. Great Parks Day Camps
    Cincinnati, Ohio
    Type: Traditional
    Ages: 3-15 years
11. Images of Afrika Summer Camp at Bi-Okoto
    Cincinnati, Ohio
    Type: Traditional, Culture
    Ages: Children of all ages
12. Museum Camps at the Cincinnati Museum Center
    Cincinnati, Ohio
    Type: Traditional
    Ages: 5-14 years
13. Ohio Sports Academy Summer Camps
    Springboro, Ohio
    Type: Sports
    Ages: 4-12 years
14. Saint Ursula Academy (SAU) Summer Academy
    Cincinnati, Ohio
    Type: Traditional
    Grades: 3-8
15. Summer Art Camp at the Taft Museum of Art
    Cincinnati, Ohio
    Type: Art
    Grades: 1-12
16. Summer Camps at Best Point Education and Behavioral Health*
    Cincinnati, Ohio
    Type: Traditional, Specialty (Disability Support)
    Ages: 4-25 years
17. Summer Camps at Green County Parks and Trails
    Xenia, Ohio
    Type: Traditional
    Ages: 3-13 years
18. Ursuline Academy Summer Camps
    Cincinnati, Ohio
    Type: Traditional
    Grades: 1-9

Northwest Ohio (including Toledo and Sandusky)

1. Bellweather Farm Summer Camps
   Wakeman, Ohio
   Type: Traditional
   Grades: 2-12
2. Brightside Academy Ohio’s Summer Camp Adventures for Kids
3. Capable Kids Summer Program
   • Toledo, Ohio
   • Type: Traditional, Specialty (Disability Support)
   • Ages: 2 years-Grade 5
4. Courageous Community Services’ Courageous Acres*
   • Whitehouse, Ohio
   • Type: Traditional
   • Ages: 5 years-Adulthood
5. Happy Camper Camps at St. Ursula Academy
   • Ohio
   • Type: Traditional
   • Grades: K-8
6. Imagination Station Summer Camp
   • Toledo, Ohio
   • Type: STEM
   • Ages: 6-13 years
7. Path Finders Camp
   • Toledo, Ohio
   • Type: Therapeutic, Specialty (Bereavement)
   • Ages: 6-15 years
8. Scap4Art Summer Camp
   • Maumee, Ohio
   • Type: Art
   • Ages: 6-12
9. Summer Art Camps at the Toledo Museum of Art
   • Toledo, Ohio
   • Type: Art
   • Ages: 6-18 years
10. Summer Camps at the Notre Dame Academy
    • Toledo, Ohio
    • Type: Traditional
    • Grades: K-9
11. SummerTime Camp at Maumee Valley Country Day School
    • Toledo, Ohio
    • Type: Traditional
    • Grades: Preschool-12
12. Wolcott House History Summer Camp
    • Maumee, Ohio
    • Type: Historical
    • Grades: 3-6

Online Summer Camps

1. Brain Chase: Summer Learning Challenge
   Type: Traditional
   Grades: 2-8
2. National Computer Camps Virtual Online Camp
   Type: STEM
   Ages: 8-18 years
3. STEAM Camps at MehtA+ Tutoring
   Type: STEM, Art
   Grades: 5-12

Please note that this list does not capture the endless opportunities for summer programming available to children. For more programs, be sure to check out your local YMCA, Jewish Community Center (JCC), Boys and Girls Club, Brightside Academy Ohio, Salvation Army, Easterseals, Girl Scouts, Boy Scouts, Camp Invention, Code Ninjas, Classroom Antics, Challenge Island, Snapology, college, university, zoo, or recreation center. Have an AWesome summer and stay safe!

Compiled by Renee Stromski,Esq.

Need Help with your Special Education matter? Call us. 614-745-2001

Residency: What does it mean to be a resident of a school district for attendance purposes?

In Ohio, all school-age children have the right to attend the public school of the district in which they reside without charge. But what does residence actually mean for a student? This is an important question as the answer determines what public school your child can attend for free.

The general rule is that the residence of a child is the same residence as their parent. While that seems like a simple answer, it is not always that easy to determine residency. Below are a few questions and answers to help provide guidance on what residency means.

Who is considered a “parent”? Because a child’s residence is determined by the residence of their parent, it is important to consider which parent is important here. Generally speaking, a “parent” can be either of the child’s natural or adoptive parents. However, if a child’s parents are divorced or separated, then “parent” means the parent who is the residential parent and legal custodian of the child. If both parents share custody of a child under a shared parenting plan, then both parents could be considered a “parent” for school residency purposes.

Is it possible to have more than one residence? Yes, it is possible for a child to have more than one residence for school attendance purposes. This can happen if a child’s parents reside in more than one school district or when custody is shared under a shared parenting plan. If a child does have more than one residence, the child could attend either school district free of charge.

What does it mean to “reside” somewhere? We know a child’s residency is the same as their parents. But what does it actually mean to reside somewhere? When determining residency, courts look at several factors and a determination is made after considering all of the circumstances. The Court in Kenton Board of Education v. Day stated,

One cannot establish residency merely by purchasing a house or apartment building or even by furnishing such a house or apartment so that it is suitable for the owner’s use. ‘Residence’ involves something more. It must be a place where important family activity takes place during significant parts of each day; a place where the family eats, sleeps, works, relaxes, plays. It must be a place, in short, which can be called a home.

As you can see from the above quote, merely owning property in a district is not enough to establish residency for your child. You must actually live there. 

How will the school district actually know whether I live there or not? If a school district has doubts as to whether you or your child actually reside in the school district, they can:

• follow your child home from school each day to see where they are going;
• make several unannounced home visits;
• request and review copies of the Deed, Lease, utility bills, etc.;
• request to enter your home to determine if your house is lived in; and
• once in the home, they can request to look in various rooms and, in the refrigerator, to determine if the home is “lived in.”

Again, if you reside in a school district, your child has the right to attend school in that district free of charge. However, there are several exceptions where a school may allow a non-resident child to attend school in that district for free as well. Here are the most common exceptions:

• when a child is attending a school through a district’s open enrollment policy;
• a student’s parent is having a house built in the district (subject to a 90-day time limitation and requiring additional supporting documents);
• a student’s parent is purchasing a house in the district (subject to a 90-day time limitation and requiring additional supporting documents);
• a student is admitted as a foreign exchange student;
• when a student is a child of a district employee; and
• through a Superintendent’s Agreement.

If you are having issues with your child’s school or if you have questions regarding residency requirements, you can always contact an education-focused attorney to help you.

Written by Jessica Moore, Esq.

Questions? Call us! 614-745-2001

EdChoice Scholarship Applications Now Open for the 2023-24 School Year to Cover Private School Tuition

The Ohio EdChoice Scholarship Program (“EdChoice”) has expanded its eligibility for 2023-24 allowing more students to attend private schools in the state. EdChoice provides state-funded scholarships to k12 students who:

• Are assigned to attend a “low performing” public school building;
• Whose family meets the income eligibility requirements (at or below 250% of the federal poverty guidelines);
• Have a sibling who previously received an EdChoice Scholarship;
• Previously received an Autism Scholarship or Jon Peterson Scholarship, but no longer need special education services; or
• Who are foster children.

(A more comprehensive list is available at the link below.)

Applications for the 2023-24 school year opened on February 1, 2023 and will remain open through the 2023-24 school year. Families must contact the private school they are interested in attending and complete the enrollment process for that school. The selected private school must be an EdChoice-participating school. Once accepted for enrollment at the private school, parents may apply for the scholarship directly through the school.

The scholarship amount is currently $5,500 for grades k-8 and $7,500 for grades 9-12. EdChoice will pay either the full scholarship amount or the private school’s actual tuition amount, whichever is less. If the tuition amount is more than the scholarship, families are responsible for the difference, but only for families with a total gross income at 201% or higher of the federal poverty guidelines.

Click HERE for a list of low performing public schools, participating private schools or to learn more about EdChoice.

Written by Mark Weiker, Esq. of Albeit Weiker, LLP

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Questions? Call us! 614-745-2001

What Can You do to Get the Most Out of Your Child’s IEP Meeting?

There is no denying that IEP meetings can be overwhelming and oftentimes, you go into them unprepared and leave feeling exhausted. However, this does not have to be the case. Below, I will list some tips that will help you get the most out of your child’s IEP meeting and ensure that you are able to meaningfully participate from start to finish.

What to do before the IEP meeting

Once the IEP meeting is scheduled, you need to get to work. To best prepare for the meeting, you need to gather your child’s most recent multifactored evaluation and progress reports from the last year. Also include your child’s grades. If you have received correspondence from your child’s teachers that document difficulties or successes, print those off and include them in your review.

Next, ask your child’s intervention specialist for a copy of the IEP draft at least one week beforehand. Make sure that your request is in writing. While not every school district is required to provide a draft copy of the IEP before the meeting, almost all districts do when asked.

Now that you have your documents to review and a draft copy of the IEP, it is time to get to work. When looking through the ETR, look closely at the educational needs section in all individual evaluators’ pages and the team summary. These areas of need should be reflected in the IEP somewhere. Most often, these needs will be transferred into goals and accommodations, but sometimes, the need may be listed in the profile if it is determined that a goal or accommodation is not necessary. If you do not see a need reflected in the IEP somewhere be sure to write it down so it can be addressed in the meeting. The progress report can guide you in determining if the goals written in the draft are appropriate based on your child’s progress on previous goals. Lastly, your child’s grades, work completion, and teacher notes can be helpful in developing services. Be sure to write everything down that you have questions or concerns about and send that list to the intervention specialist before the meeting, even if it is the morning of the meeting. This will ensure that everyone is on the same page, allow them to prepare, and highlight your concerns in the meeting.

What to do during the meeting

Meeting day has finally arrived. While having some anxiety about the meeting is normal, your preparation will help you feel more comfortable and confident in your approach. Take some deep breaths if you feel yourself getting elevated or upset and ask for a break if one is needed. If you have brought someone with you to the meeting, use a break to talk through questions you have with that individual.

Do not be afraid to ask questions or ask someone to clarify what has been discussed. It is easy for school staff to talk over you or to you but forget to include you in the conversation. Take notes while going through the meeting and jot down questions you have so you do not forget them. At the end of the meeting, ask the team those questions. If you were not able to talk through everything in the time allocated for the meeting, ask for a follow-up meeting. Make sure that you leave that IEP meeting feeling like a valued member of the team who was able to fully participate.

What to do after the meeting

After you have been able to process what was discussed during the meeting, follow up with team members if you have any additional questions or concerns. Sometimes, it takes a little bit of processing to fully grasp everything that went on. You should receive a Prior Written Notice and a copy of the IEP a day or two after the meeting, sometimes a little longer, but if you have not received these documents by a week after the meeting, be sure to ask for them. Read the IEP and make sure it is accurate and captures all changes discussed during the meeting. Additionally, read the Prior Written Notice to verify the accuracy of the events.

If the Prior Written Notice is not accurate, is misleading, or leaves out important information, you can email your account of what occurred and ask the school team to include your feedback with theirs. You can also ask that the team make changes to the Prior Written Notice to correct any errors. Store these documents in an electronic file or a physical file for your records. Continue to collect pieces of data that you receive throughout the year, including progress reports, to be prepared for next year’s IEP review. You've got this!!

Authored by Danielle Randolph, M.Ed, Ed.S, Advocate for Albeit Weiker, LLP

Questions? Call us. 614.745.2001

TRUANCY EXPLAINED

As parents of school-age children, we know that children need to attend school on a consistent basis to facilitate learning and thriving.  There is also a legal component to a child’s school attendance of which parents should understand the process, procedure, and rules.  The following will lay out and explain truancy and the rules surrounding it in effort to provide parents, guardians, and caregivers a better understanding of the requirements and procedure. 

            Pursuant to Ohio Revised Code §2151.011 (B)(18), a “habitual truant" is any child of compulsory school age who is absent without legitimate excuse for (1) 30 or more consecutive hours, (2) 42 or more hours in one school month, or (3) 72 or more hours in a school year.  Once a student reaches one of these thresholds, the school is legally required to work with the student and their family in effort to rectify the reasons for the absences. 

            At the outset, it should be noted that a school cannot suspend or expel a student solely on the basis of habitual truancy.  Moreover, a school cannot file truancy charges prior to implementing an Absence Intervention Plan.  These two facts are meant to hopefully put a parent or guardian’s mind at ease that simply because a student has enough absences to meet the truancy threshold, it does not mean that the student will immediately face charges in juvenile court.

Absence Intervention: Initial Requirements and Timeline[1]

            As a matter of procedure, Ohio law requires that before truancy charges are filed, a school must work with the student and their family to address the reason(s) for the absences.  Additionally, the Absence Intervention Team, which includes the student, family, and school staff, must create an Absence Intervention Plan (“AIP”).  The team develops a student-centered AIP that will help identify specific barriers and solutions to attendance.  In terms of initial steps following the triggering absence, Ohio law requires that the school meet several deadlines.  Within seven days of the triggering absence, the school must create an Absence Intervention Team and make three meaningful attempts to obtain the participation of the student’s parent or guardian.  Within ten calendar days of the triggering absence, the student must be assigned to their Absence Intervention Team.  Within 14 days of the team’s creation, the team must develop the student’s AIP.  Following the creation of the AIP, the school district has seven calendar days to make reasonable efforts to provide written notification of the AIP to the parent or guardian.  The student then has 60 calendar days to participate and make satisfactory progress on the plan.

Filing Truancy Charges1

            If the student does not participate or make satisfactory progress on the plan, the attendance officer must file a complaint in juvenile court against the student on the 61st calendar day after the implementation of the AIP.  Whether there has been satisfactory participation or progress on the part of the student is determined by the Absence Intervention Team.  Generally, filing charges is a last resort for the school district.  However, once the 61^st day is reached and there has been insufficient improvement, the attendance officer has no choice and is legally required to file a truancy complaint.

            Although the general time frame is 61 calendar days, if a student is absent without a legitimate excuse for 30 or more consecutive hours or 42 or more hours in one month, the district attendance officer is required to file a truancy complaint.  This rule does not apply, however, if the team has found that the student has made sufficient and substantial progress on the AIP.  Thus, this rule has more flexibility than the 61^st day rule.

What happens when charges are filed?[2]

            Once truancy charges are filed, the parent or guardian will receive a summons in the mail identifying the charge as well as an initial court date.  Depending upon the county, the case may get sent directly to a diversion program if the student is a first-time offender.  If the student is sent to diversion, the student and the parent or guardian will meet and work with a diversion officer to identify the barriers to attendance as well as create a goal sheet to focus on improving attendance.  The benefit of diversion is that if a student successfully completes their goals, the charge will be removed from their record.  If the child goes to court on these charges, the possible consequences can include probation, community service, court-ordered counseling, loss of a driver’s license, and fines. 

Franklin County: Truancy Intervention Prevention Plan (TIPP)[3]

            Franklin County Juvenile Court currently has a grant-funded Truancy Intervention and Prevention Program (TIPP) which has the goal of preventing truancy even before the need for an AIP.  TIPP Truancy Officers partner with participating local school districts to enforce attendance laws and also work with students in a school setting to monitor attendance.  This program is one more way to hopefully prevent students getting to the point of habitual truancy that several local school districts, including, Canal Winchester Local Schools, Gahanna-Jefferson Public Schools, Groveport Madison Schools, Hilliard City Schools, New Albany-Plain Local Schools, Reynoldsburg City Schools, South-Western City School District, are utilizing.

Conclusion

            The prospect of truancy charges being filed against your child is a scary and unnerving place to find oneself as a parent or guardian.  It is important to understand what a school district is required to do prior to filing such charges, but also when they are required to file such charges.  It is best to maintain open communication with the school district during the AIP process in order to help support the attendance of the student and hopefully avoid ending up in juvenile court.

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[1] https://education.ohio.gov/Topics/Student-Supports/Attendance-Support/Ohio-Attendance-Laws-FAQs#FAQ4883

[2] https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/education/parents-must-take-responsibility-for-truant-students/

Authored by Amy Solaro, Esq. of Albeit Weiker, LLP

Questions? Call us. 614-745-2001

[3] https://drj.fccourts.org/DRJ.aspx?PN=School_Truancy.htm

Grade Appeals: 5 Tips for Appealing a Bad Grade

            December can be an exciting time for a college student. Exams are over and you can breathe knowing that you are out of school for a few weeks. But for some students, this time can be particularly stressful for one reason…grades. If you are unhappy with an assignment grade, exam grade, or overall course grade, you have options to address it. Below are 5 tips to keep in mind when appealing a grade, for both undergraduate and graduate students.

• Locate and review your school’s grade appeal policy. Regardless of the college or university you attend, they will have a written document outlining all of their academic policies and procedures. You can typically find these policies in your school’s Student Handbook. If you are a typical college student, you are probably not going to have a hard copy of the school’s policies sitting on your desk in your dorm room. However, a quick search on your college’s website should bring you right to it. It is important to note that while some schools refer to this specific policy as a Grade Appeal, others include this process as part of their general Academic Grievance policy. Lastly, your university may have slightly different Grade Appeal policies depending on your specific program. Be sure to locate the Grade Appeal policy that applies to your department.

• Pay attention to deadlines. This may seem like an obvious tip, but it is an important one. If you do not submit your Grade Appeal on time, you have likely lost your opportunity. Every college and university has a different timeframe for when a student must submit their Grade Appeal, and these deadlines can differ considerably. For example, Professional Skills Institute requires students to submit their appeal within five (5) days of receiving the grade. Capital University’s policy states that students must initiate the appeal procedure within eight (8) weeks of the grade being posted. In stark contrast, The Ohio State University requires a student to initiate the process before the end of the second succeeding semester. Because these deadlines range from a few days to several weeks after receiving the grade, it is important that as soon as you receive the grade that you want to appeal, identify those deadlines and submit your appeal within that timeframe.

• Be specific and include as much information as possible. When you are drafting your grade appeal, you will want to give a detailed explanation as to how your grade is incorrect. Maybe you and a partner worked on an assignment together, had the same answers, yet your partner received a higher grade. Maybe an assignment was recorded as not being turned in, yet you received feedback on it. Maybe certain exam questions were marked incorrect when they were, in fact, the right answer. Describe the assignment at issue and include why you should have received a different grade. The more detail and information you can provide, the better. Of course, be sure to submit your appeal to the person identified in the Grade Appeal policy.

• Be patient but do not be afraid to follow up. Once you submit your grade appeal, the hardest part begins…waiting. You may be asking, “how long do I have to wait before I hear back?” As you can guess, that depends on the school. Some colleges and universities require faculty to respond within a certain timeframe. For example, Professional Skills Institute requires the Campus Director to respond within five (5) days of receiving the appeal. However, many schools, including The Ohio State University, Capital University, and University of Toledo do not require faculty to respond to appeals within a specific time period. In that case, you may not receive a response for several weeks. This can be very stressful for students, especially if your status as a student depends on the outcome of the appeal. It is always beneficial to try to remain patient throughout this process. However, following up with the University every once in awhile can help ensure that your appeal has not fallen through the cracks.

• Appeal again. When you do finally receive a response from the college, you may not be happy with the result. In that instance, be sure to review your school’s Grade Appeal policy again. Many schools have policies that contain multiple steps in the appeal process. Capital University has four stages where students can attempt to address their grade first with the faculty member individually, second with the faculty member in a mediation, third with a committee, and lastly to the Provost. The University of Toledo has a five-stage appeal process, and The Ohio State University has a three-stage appeal process.

Please note that these various stages do not occur automatically if a student’s appeal is initially denied. Rather, the student must initiate the process at each and every stage. Students should also be sure to pay close attention to the deadlines at each stage of the appeal. While some universities do not require faculty to respond to a student’s appeal within a certain timeframe, they often require a student to then initiate the next stage in the process within a certain amount of days. Similar to the initial step, if you are past the deadline, you have likely lost your chance to take your Grade Appeal to the next stage.

Take advantage of your school’s multi-step appeal process if it exists. Students often feel defeated after their appeal is denied at the first stage. However, if the school has a multi-stage appeal process, you have the right to utilize that process. It does not hurt you to appeal your grade at every level. Rather, when your appeal is reviewed by different faculty members, it can result in a different outcome. Always be sure to appeal!

Written by Jessica Moore, Esq. at Albeit Weiker, LLP

Questions or need advice? Call us. 614.745.2001

Making the Most of Progress Reports for Special Education Students & Families

It’s that time of year again…the end of the grading period. As many of us know, having lived through it, students receive report cards with their grades at the end of each marking period (typically at the end of each quarter of the school year). At the same time, special education students will be receiving their individualized education plan (“IEP”) progress reports, as these reports must be distributed any time a grade card or interim is issued.  IEP progress reports measure student progress towards meeting their IEP goals. For many parents of students with special needs, receiving their child’s first progress report of the school year can be daunting. Not only is there a lot of information to digest, but the traditional anxiety of wondering whether your child is making progress in their education adds in to create a stressful experience.

Progress reports can be difficult to digest because there is a great deal of information provided within just a few pages. However, each piece of information is important in understanding your child’s success in their educational placement. Progress reports must contain the child’s annual goals, each goal’s objectives, and a summary of the measurable data used to access the student’s progress. Progress, in the form of measurable data, must be reported on each separate objective. For the most accurate representation of the student’s abilities, there should be at least three points of data for each objective. These data points may be called “inventories” on your progress report and tell the parent how the child has performed this marking period. The data point marked as “baseline” indicates where the student started. It is imperative that the child’s baseline data be provided in the progress reports in order to appropriately gauge the student’s progression and/or regression. From there, a parent or guardian can compare the student’s baseline data to their current data to evaluate their progress. It is important to remember to ensure that the measurement being used to monitor the student’s progress is the same measurement that is written in the IEP.

Progress reports must also include comments from the intervention specialist and/or related service provider collecting the data, and a description of the child’s progress toward meeting each goal in measurable terms and in clear, concise language. The comments from the intervention specialist should include the number of times your child was assessed and the manner in which your child was assessed, such as the time of day they were assessed and whether they were assessed in a one-on-one or small group setting. Any specific issues that may have impeded the student’s progress, such as excessive absences or refusal to participate, should be noted in the progress report as well. It is typical to see more information under each objective rather than under the annual goal itself; this is because the student is working toward meeting each objective in order to reach the overall goal. All of this information is provided to the parent in order for the parent to determine whether their child is making adequate progress in their education.

What is adequate progress, anyway? Well, it is unique to each student, given that each student’s IEP goals should be specifically tailored to the child. However, we can utilize the baseline, inventory, and target data to evaluate the student’s performance. For example, a student’s goal may be to decrease time spent demonstrating unexpected negative behaviors for less than fifteen minutes a day. That student may have had a baseline of demonstrating unexpected negative behaviors for 45 minutes a day. We can look at the inventories of measurable data to determine whether the student’s time spent demonstrating unexpected negative behaviors have decreased. At the end of the school year, the student is demonstrating unexpected negative behaviors for 20 minutes each day. The student did not meet their goal but was able to decrease their time by a significant amount, which is considered adequate progress. On the other hand, if that student was demonstrating behaviors for 70 minutes a day at the end of the school year, a movement from the baseline further away from the target, the data is showing regression. Parents should look at their child’s progress on each objective, as well as the overall goal, to determine whether their child is making appropriate progress.

What are the next steps that a parent can take after receiving an unfavorable progress report? Parents always have the right to call an IEP meeting at any time during the school year. If the student is not making adequate progress toward their goals, parents can use the data provided by the school to write new, more appropriate goals for the student. The Individuals with Disability Education Act (IDEA) states that the school must revise an IEP to “address any lack of expected progress toward annual goals.” Alternatively, if the student has regressed, parents can use this data to advocate for extended school year (ESY) services to combat regression of skills.

Although progress reporting periods can be a stressful time for families with students with special needs, parents can be assured that the flexible nature of an IEP will allow them to make necessary adjustments at any time. As a parent, advocating with our emotions can lead to further disputes with the school. However, advocating for your child with solid data can open the door to endless possibilities for appropriate special education services.

Written by Renee Stromski, Esq. of Albeit Weiker, LLP

Questions? Call us! 614.745.2001