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 collide. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/elizabeth-l-bolduc/   https://www.walterhav.com/professional/lisa-h-woloszynek/   https://www.walterhav.com/professional/miriam-m-pearlmutter/

Class Act: Updates in Education Law

Season 5 Episode 8: The Professor's Preferred Pronouns

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/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/elizabeth-l-bolduc/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Season 5 Episode 7: Transgender Students and the Office for Civil Rights

When Brandi Levy shared a profanity-laced snap after failing to make the varsity cheer team, she probably wasn't envisioning the start of a dispute that would ultimately be decided by the United States Supreme Court.  But after the school district suspended Brandi from cheer, her parents  filed a lawsuit that would culminate in one of the most important free speech decisions of the last several decades. Join Lisa, Elizabeth, and Miriam to discuss off-campus speech and when school districts can discipline students for expression that takes place at home, over the weekend, and away from school grounds. Although First Amendment conflicts are nuanced and fact-specific, we will lay out the general contours of discipline for on and off campus speech and also address how the Mahanoy Area School District v. B.L. decision affects the changing landscape of student rights. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at:   https://www.walterhav.com/professional/elizabeth-l-bolduc/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Season 5 Episode 6: Cussing Cheerleaders and the First Amendment

Like staff and students, parents can have bad days too. But sometimes their conduct crosses a line, leading school administrators to wonder if they can ban hostile or aggressive parents from school grounds altogether. What should school districts consider before taking such a drastic step? What sort of legal challenges can boards anticipate when parents are restricted from school buildings and how can administrators place their districts in the best possible position to have their decisions upheld by a court or agency? Join Lisa, Megan, and Miriam to discuss best legal practices in handling difficult conflicts with badly-behaving parents. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/megan-e-greulich/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Season 5 Episode 5: Dealing with “Drama Mamas” (and “Drama Papas”) - When Parents Misbehave

In this episode, Megan, Lisa, and Miriam discuss AJR v. Lute, a fascinating kindergarten bullying case recently decided by the Ohio Supreme Court.  What happened here?  How did these five year olds end up in litigation before the highest court in the state?  How did the lower courts hold, what did the Ohio Supreme Court decide, and most importantly, what can school districts learn from this chain of events? Join us for a candid discussion of how schools can address bullying in a way that not only helps students, but also minimizes school boards' legal liability. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/   We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/megan-e-greulich/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/  

Season 5 Episode 4: Kindergarten Bullies at the Ohio Supreme Court

Back in January, we started our discussion of the First Amendment by considering school staff and limits on their speech in a school setting.  Today we continue this conversation by looking at students' Free Speech rights and under what circumstances boards of education can discipline students for their speech. Join Lisa, Megan, and Miriam for a fascinating discussion of on-campus and off-campus speech, as well as what standards apply to each set of circumstances.  Also we offer a sneak peek at the upcoming Supreme Court case on student speech out of the Third Circuit! Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/megan-e-greulich/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Season 5 Episode 3: Students and the First Amendment

The coronavirus vaccine is here and some states, like Ohio, are prioritizing school staff in their immunization schedules. Some school districts may even be considering mandatory vaccines for their employees.  Is this legally advisable?  What about employees who cite religious or health-related reasons for refusing the vaccine? Join Megan Greulich, Lisa Woloszynek, and Miriam Pearlmutter for a thorough and frank conversation about mandatory vaccine programs and important pitfalls to avoid as you consider your district's options. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/megan-e-greulich/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Season 5 Episode 2: The Coronavirus Vaccine and Your School Staff

Welcome to our Fifth Season!  In light of recent socio-political events, you may be wondering about your school staff's free speech rights.  What does the First Amendment cover?  What kind of speech is actually protected by the Constitution? When should school boards be cautious about disciplining a teacher for his or her speech? Is water cooler gossip protected by free speech principles? What about criticism of the Board or other staff? How about social media posts? The answers may surprise you. Join Christina, Lisa, and Miriam for a timely and nuanced look at the First Amendment and how it applies to your school district's employees. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Season 5 Episode 1: School Staff and the First Amendment

Happy New Year!  For the last episode of Season 4, Christina, Lisa, and Miriam discuss emerging case law related to the pandemic.  Did school districts violate federal law by closing buildings in compliance with state orders issued in Spring of 2020?  How do hearing officers and state agencies respond to parents who claim their children have been denied a free appropriate public education when schools moved to remote learning? Is transferring a child to online instruction a change of placement requiring parental consent under the IDEA?  Join us for an initial glimpse into how courts and other decision-makers analyze special education complaints related to the coronavirus pandemic. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Season 4 Episode 11: COVID Case Law Round Up

This past summer, the federal Department of Education issued updated regulations for school districts and universities faced with sexual harassment or sexual violence complaints. Christina, Lisa, and Miriam discuss the initial guidelines, what prompted their rescission, and the changes described in the revised regulations. When a complainant reports an incident of sexual harassment or violence, school districts now have a detailed step-by-step process to follow in investigating the grievance and coming to a determination about responsibility.  Join us for an in-depth look at what these revised regulations mean for school administrators and the challenges your district may face in amending policies, updating practices, and training your team. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Season 4 Episode 10: What Your District Needs to Know About Sexual Violence Complaints and Updated Title IX Regulations

Remote learning - an option many schools are implementing during the COVID-19 pandemic - undoubtedly comes with its own set of challenges.  How should districts address attendance when students fail to log in or turn on their video? What happens when children simply cannot access the district's platforms or technology, due to wifi problems, equipment issues, or other logistical difficulties? What if a family opts for in-person learning, but then wants to switch mid-semester?  Are students expected to follow the code of conduct when learning in pajamas at the dining room table? Join Attorneys Christina Peer, Lisa Woloszynek, and Miriam Pearlmutter for a discussion of some frequently asked questions we receive about remote learning during this ongoing pandemic.  School districts face unprecedented challenges at this time and we are here to help talk through  these issues with you! Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Season 4 Episode 9: Frequently Asked Questions about Remote Learning

Although this podcast episode was recorded pre-pandemic, it is more relevant than ever in these challenging times.  We all make mistakes and school district employees are no exception.  How should administrators and decision-makers handle human error affecting children and families? What if the mistake turns out to be willful neglect or even insubordination?  Are there good ways to let parents know about the incident and how the district plans to respond to ensuing concerns?  Join Christina Peer and Miriam Pearlmutter for a look at several real-world examples of staff misconduct that school districts addressed quickly and comprehensively for a positive outcome. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Season 4 Episode 8: We All Make Mistakes

Recorded before the pandemic, this episode explores manifestation determination reviews for special education students whose misbehavior violated their school's code of conduct. Join Christina and Miriam for a look at how these MDR decisions are made, why these meetings are important, and what common challenges special education teams encounter in contentious situations. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Season 4 Episode 7: Top School District Mistakes in Manifestation Determination Review Meetings

In this episode, recorded before the pandemic, Christina and Miriam discuss a complicated and sensitive topic: parents who are registered as sex offenders, but still have various rights when it comes to participating in their own children's education.  How should a district respond if a registered offender wants to attend his or her child's classroom birthday party? What about a parent offender who wants to attend public Board meetings?  And who should be made aware of the parent's status as a sex offender? After a brief review of federal laws related to sex offender registration, Christina and Miriam address these and other challenging questions that administrators must navigate in these complex circumstances. Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/

Season 4 Episode 6: When Parents Are Sex Offenders

Recorded before the COVID-19 pandemic, this episode highlights some of the more interesting education law cases decided by appellate courts in 2019.  Christina and Miriam summarize judicial rulings and discuss child abuse reporting, retaliation claims, MDR mistakes, and a restraint-and-seclusion case out of the 5th Circuit. Join us for a leisurely and informative look back at 2019! Previous seasons of this podcast, including Season One, are available at https://www.walterhav.com/podcasts-index/ We practice law, including special education law, at Walter Haverfield in Cleveland, Ohio, and we welcome your suggestions and comments. Please check us out at: https://www.walterhav.com/professional/christina-henagen-peer/ https://www.walterhav.com/professional/lisa-h-woloszynek/ https://www.walterhav.com/professional/miriam-m-pearlmutter/  

Season 4 Episode 5: Education Law Round Up 2019

This podcast explores legal developments relevant to school districts, board of education members, administrators, teachers, and parents.

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Class Act: Updates in Education Law

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