In this last episode of Season Six, join Christina, Miriam, and Lisa for an insightful discussion about the guidance issued by the Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS). This episode focuses on legal issues commonly arising when disciplining students with disabilities under the IDEA or Section 504. We will be back for Season Seven in Spring of 2023 and we can't wait to share our fabulous line up of cutting-edge education law issues with you. Have a wonderful holiday and fabulous winter break ..read more

Every day, school district board members, administrators, and staff make critical judgment calls about student misconduct and subsequent discipline. What are the procedural and substantive due process rights that all students must receive for discipline to be upheld by a court or other reviewing body? What kind of notice must be given to the student and the student's parents? What are the most common mistakes school districts make and how do these errors affect subsequent proceedings? Join Christina, Lisa, and Miriam for a timely conversation about what to keep in mind in assessing misconduct ..read more

What happens if a public school teacher posts unfavorable comments about her school district on Facebook? What about a professor whose political commentary makes some students uncomfortable? When are these expressions protected by the First Amendment's free speech clause and when do they cross the line into a disciplinary matter? Join Christina, Lisa, and Miriam for a refresher on the First Amendment's application to public employees' speech in the school and postsecondary contexts. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcast ..read more

The Family Education Rights and Privacy Act seems pretty straightforward: Maintain confidentiality and produce records to parents or adult students. But what happens when a record, like a video, includes information about more than just one student? What is the procedure when the requesting party is an attorney or a police officer? What about parents who want to observe their children's in-person or virtual classes? Join Christina, Lisa, and Miriam as we discuss your top FERPA questions and consider how school districts across the country are addressing challenging situations that may implicat ..read more

As most school administrators know, the McKinney-Vento Homeless Assistance Act requires districts to immediately enroll students who are experiencing homelessness to ensure educational continuity and minimize disruption to learning. But what happens when a district is not sure whether a student meets the definition of homelessness? And what are the next steps if the family doesn't agree about which school the student should attend? Whose obligation is transportation and does it matter how far away the school is located? Join Christina, Lisa, and Miriam, as we discuss the history and basics of ..read more

Even as the New Year begins, school districts are still dealing with challenging pandemic issues. This episode takes a look at one of the most controversial pandemic outcomes : mask mandates in schools. Whether your board is mandating masks on school grounds or allowing parents and employees to make their own decisions, there are important considerations to keep in mind, including students or staff members who may need accommodations one way or the other, due to disabilities, for example. Join Lisa, Sara, and Miriam for a great conversation about mask mandates in schools and how courts are res ..read more

Combative, hostile, and sometimes even violent school board meetings are all over the news these days. School board members increasingly face belligerent parents and other community members who want to share their views and opinions on controversial and difficult topics. Although a respectful exchange of ideas is the very goal of public participation, this noble objective seems more out of reach today than ever. How can school boards limit aggressive and inappropriate speakers while respecting the First Amendment rights of participants? What important steps can the board take in advance of mee ..read more

Lisa and Miriam discuss the recent Ohio Supreme Court ruling in Gabbard v. Madison, which is a case about whether Ohio school employees may carry weapons without full law enforcement training. The idea of teachers carrying weapons in school may seem either completely reasonable or totally irrational, but it is certainly a timely topic for all school board members, administrators, and staff. This episode explores the specific circumstances that led one school district to consider arming its staff, how the community responded, and what the Ohio Supreme Court held. Previous seasons of this podca ..read more

On the heels of our previous discussion about transgender students' rights in schools, this episode is about the rights of teachers and professors who have strong religious objections to using students' preferred pronouns. Professor Meriwether was fired after he declined to use a student's preferred pronouns, eventually leading to a lawsuit against his former employer. Join Lisa, Miriam, and Elizabeth as we take a deep dive into Meriwether v. Hartop, a fascinating case out of the Sixth Circuit that offers  insight into the complicated and nuanced legal issues that arise when civil rights ..read more

The rights of transgender students is a controversial topic that more and more school districts are facing these days. From name changes to restroom usage and privacy concerns, school administrators are often asked to decide questions that may be novel and challenging for them. Join Lisa, Elizabeth, and Miriam to discuss recent legal developments in this area, including a discussion about a June, 2021 notice from the Office for Civil Rights and important case law out of the Sixth Circuit. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/po ..read more