What happens if my child is suspended (or expelled)?!

Appealing a school suspension or expulsion in Ohio: What parents should know about the laws on K-12 school discipline  There are a few certainties in life. Death and taxes, of course. But equally as certain is the fact that our children will make mistakes. Sometimes those mistakes are made in school, where the consequences might…

HELP! I need to call a lawyer.

5 Things You Need to Know Before Contacting an Attorney  Understand Your Deadlines & Call as Soon as You Have Them  If you only need to respond with your intent to appeal, do so as soon as possible to start the process. For K12 items, this can generally be done via email to your child’s…

Relief Has Been Denied in Most Anti-Masking Lawsuits Against Schools

Mark Weiker, Esq., Albeit Weiker, LLP Over the last two years, Ohio school boards have become a lightning rod for citizens to unload their personal and political thoughts on almost everything pandemic related. From virtual learning to masking to quarantining, school boards have absorbed the diverse and sometimes raucous opinions of their constituents. Outcomes in…

Can I Leave Work to Attend an IEP Meeting?

FMLA LEAVE MAY BE AVAILABLE TO PARENTS TO ATTEND IEP MEETINGS   On August 8, 2019, the U.S. Department of Labor, Wage and Hour Division (“the DOL”) issued guidance on whether an employee may take protected leave under the Family and Medical Leave Act (“FMLA”) to attend a meeting to discuss the Individualized Education Program (“IEP”) of the employee’s son or daughter. U.S. Dept. of Labor, WHD, FMLA 2019-2-A(August 8,…

Title IX Update: Changes to Campus Sexual Misconduct Investigations

The Department of Education has issued new, interim guidelines on how colleges should handle allegations and investigations of sexual misconduct on campus. It is slightly more protective of the rights of accused students and permits colleges to have more choice in how to handle investigations. What you should know: Schools may opt to use the…

Who do I need? Attorney vs. Advocate 101

When do you need a special education attorney versus a parent advocate? Federal and state laws require school districts to find and identify children with disabilities. Parents can request that their child be evaluated, and schools must respond appropriately. Once children have been identified, the schools are required to determine if they are eligible for…

Starting Point: ADHD

School-aged children with ADHD Attention Deficit Hyperactivity Disorder (ADHD) is a neurological disorder affecting between 4-12 % of school aged children. It is a deficiency of a specific neurotransmitter called norepinephrine. The ADHD brain matures at a different rate than a typical brain, resulting in a delay of 3-5 years of the frontal cortex area,…

School Dress Codes

Public schools in Ohio have a substantial amount of discretion in implementing dress codes in order to maintain a safe learning environment for students. However, this discretion is not unlimited. Courts may consider dress code policies overbroad if the restrictions imposed on students are not necessary to prevent a substantial disruption or not related to…