Contact
Office / 614.745.2001
Mark@education-rights.com
loading ...
MARK WEIKER, ESQ.
“I would recommend Mark Weiker to anyone looking for an excellent attorney. Mark genuinely cared about me and my situation and put everything he had into my case. His timely responses and flexible availability were far beyond my expectations. Working with Mark was a great experience, and I am truly grateful to have had him on my side.”
Mark focuses his practice on all aspects of school law, representing students, parents, teachers, university faculty and administrators. Mark formerly served as day-to-day and defense counsel for traditional public schools, but started representing students/parents/educators in 2014 when he co-founded AW Law.
Mark represents students “preschool through PhD” in disciplinary and special education issues, and represents school employees in school discipline, contract and separation issues, and for education licensure investigations conducted by state Departments of Education.
Mark has written and spoken on a variety of education-related topics including Title IX, FERPA, student privacy laws, high school athletic eligibility, access to student educational records, special education rights and responsibilities, IDEA, state Operating Standards, suspension and expulsion rights for students, college codes of conduct and academic misconduct, public records, FMLA, sovereign immunity and qualified immunity for schools, dress codes, student civil and constitutional rights, childhood sexual assault claims, and liability waivers, among several others.
Mark has completed training to act as a surrogate parent for students with disabilities, holds a sports agent license issued by the Ohio Athletic Commission and serves as an arbitrator for education-related contract matters. Mark also serves as a Title IX investigator, advisor and trainer with Title IX Solutions.
Mark most enjoys playing legos and dominoes with his son, seeing his daughter dance, and learning and laughing about parenting with his wife.
Education
The Ohio State University (B.S., 2002); Capital University Law School (J.D., 2010, Student Bar Association President; Order of the Curia; Dean’s Award for Public Service); Proud Graduate of Head Start!
Bar Admission
Ohio, 2010; Michigan, 2021; Pennsylvania, 2022; U.S. Dist. Court, Southern Dist. of Ohio, 2011; Northern Dist. of Ohio 2016; U.S. Court of Appeals for the 6th Circuit, 2012.
Practice Areas
School Law, Special Education, Educator Representation, College Code of Conduct, Fraternity and Sorority; Employment, Title IX, School and Workplace Investigations, Education Arbitration; Education Consulting
Named “2021 Lawyer of the Year” in Education Law by U.S. News (Columbus metro area); Rated as a Super Lawyer in Employment and School Law in 2022, 2023, 2024; previously as a "Rising Star" in Employment and School Law by Super Lawyers from 2015-2020; Rated "Superb" in Employment and Education Law by Avvo.com, Lawyer Rating Service, Avvo Clients’ Choice Award Winner since 2017
Recent Representative Cases*
Following claims filed in the Ohio Court of Claims, achieved reinstatement, full backpay and reimbursement of attorney fees for a professor improperly dismissed by a state community college.
Obtained immediate reinstatement and graduation for a professional student with Tourette Syndrome who was accused of having a verbal outburst during and after a final exam and initially dismissed from the program.
Successfully defended university student against academic misconduct charge after she was incorrectly accused of allowing another student to look at her answers during an exam.
Helped retiring educator secure thousands in severance pay that had been withheld by public school district employer for several months.
Reached settlement with state university in federal court after nursing student was improperly dismissed from the program because of her disability.
Achieved a “not responsible” outcome for a foreign undergraduate student accused by a state university of taking exams for other students.
Won a termination hearing and obtained reinstatement and backpay for a talented and respected school principal who was wrongfully terminated for a harmless prank.
Served on a panel of arbitrators to help resolve a contract dispute between two education-related organizations.
Served as an expert witness and compiled a written expert opinion on whether a high school was required by law to graduate a sophomore student who had completed all credits needed to graduate (early).
Sucessfully avoided licensure misconduct charges for a substitute teacher by demonstrating in a hearing that the restraint applied by the teacher to a combative high school student was appropriate under the circumstances.
Settled employment discrimination lawsuit in favor of wrongfully terminated employee, including $120,000 in back wages.
Restored eligibility for a high school basketball player who was denied special education support services and, as a result, was wrongfully removed from the basketball team.
Obtained settlement in a state court case brought against a private school after the school improperly dismissed an elementary student because of the student’s disability.
Filed and settled a due process complaint for a student who was expelled from school for behavior that was a manifestation of his disability.
Achieved athletic reinstatement for a high school volleyball player who was inappropriately removed from her team for practicing while she was possibly positive for Covid-19 (unbeknownst to her).
Obtained private settlement for special education student sexually assaulted on high school property by an older student.
Achieved immediate reinstatement for a high school student who was wrongly accused of participating in a fight, using evidence establishing that the student was stalked and harassed — and then defended herself when attacked.
Successfully appealed an expulsion for a high school student who was improperly disciplined for behavior that was a direct manifestation of her disability (ADHD).
*The results shown are not necessarily indicative of the results that could be expected in any other matter, as the circumstances of each case are unique and involve multiple factors to consider along with possible outcomes.
Affiliations
Ohio State Bar Association, Education Law Committee; Member, Council of Parent Attorneys and Advocates (COPAA); Columbus Bar Association, Barrister Leadership Program (2011-2012); Central Ohio Association For Justice, Member; Central Ohio Labor and Employment Relations Board, Member; Bexley Chamber of Commerce (Board Member, 2014-2021; President 2020-2021); Franklinton Farms, Board of Directors and Vice President (2016-2019); Web Wise Seniors, Inc., Board of Directors; Delta Tau Delta Fraternity, Beta Phi Chapter, House Corporation Member; InspirEducation, Board of Directors (2021-2024); Underground Coffee Club, Honorary Member; Certified in Youth Mental Health First Aid (National Council for Mental Wellbeing)
Publications, Appearances and Videos
Presenter, Title IX Investigator Training, Twin Rivers Unified School District (California, January 2024)
Presenter, Title IX Coordinator Training for k12 Coordinators, Title IX Solutions, Rifle, Colorado (November, 2023)
Presenter, A Slightly Different [Student] Perspective, Ohio School Resource Officers Association, Advanced Training Course (November, 2023)
Presenter, NJ Educators Title IX Training, A Partnership for Change (November, 2023)
Presenter, Title IX Basics for Student Rights Attorneys, AW Student Rights Conference (June, 2023)
Presenter, What HS Students Need to Understand About the School Environment, Student Leadership Summit(s), We Thrive Together (October-November 2023)
Does Ohio’s EdChoice Voucher System Put Public Education at Risk?, JUSTUS Podcast (July 2023)
Parents Seek Advocates as Schools See Uptick in Individualized Education Plans (Henry, Cols Dispatch, 2023)
The Experiment of Charter Schools, JUSTUS Podcast (June 2023)
Presenter, Transgender Issues in k12 Education, OASSA Legal Update (2022)
OSU Requires Speedy Reporting of Domestic Violence Charges (Dayton Daily News, Aug. 2, 2018)
Author, K-12 Students: 3 Things to Do if You Are Suspended or Expelled (2020)
ICE and Homeland Security Directive on F1 and M1 Visa Holders (M. Weiker Video Comments, July, 2020)
Author, FMLA Leave May be Available to Parents to Attend IEP Meetings (2020); AW Legal Blog (2020)
Public School e-Learning During COVID-19, College Liftoff Podcast (2020)
Author, Community Schools Operate Under Non-Profit Sponsorship, OSBA Law You Can Use (2015)
Author, The Basics on Public Schools in Ohio, OSBA Law You Can Use (2015)
Author, Private School Is Option for Ohio Students, OSBA Law You Can Use (2014)
Author, Online Schools Operate Independently of School Districts in Ohio, OSBA Law You Can Use (2013)
Author, Online Schools Under the Microscope (ECOT), Ohio State Bar Association Video, Law You Can Use (2018)
Author, Homeschooling Provides Alternative to Traditional Public Schools, OSBA Law You Can Use (2014)
Author, What You Should Know Before Making a Public School Donation, OSBA Law You Can Use (2013)
Author, Student Education Records are Protected Under FERPA and Ohio Law (2017)
Contributor, Accommodating Employees with Diabetes (2013)
Contributor, Language-Based Discrimination
Author, Joint Vocational Schools are Public in Ohio, OSBA Law You Can Use (2013)
Author, Law Balances Student Record Access and Privacy, OSBA Law You Can Use (2014)
Seminars/Clinics for Elementary, Middle and High School Students
Contributor, Kid-Preneur Workshop (ages 8-14; 2020)
Presenter, Pre-High School Primer for MS Students (2019-2020)
Presenter, Pre-College Primer for HS Students, re Academic Misconduct, Sexual Consent, Alcohol and Drugs, Sexting (2019-2020)
Presenter, The Power of Autonomy (2012)
Presenter, The Importance of Making Mistakes (2013)
Contributor, 4 Steps to a Successful Negotiation; Hint: It Starts with Listening (2014)
Presenter, The Handshake Clinic (2015)