Category Archives: Blog Archives

Feds Release Report on Special Education and Dispute Resolution

In preparation for the next IDEA reauthorization, the Government Accountability Office (GAO) conducted a national study of dispute resolution methods used in due process hearings and their effectiveness.  The GAO used statistical analyses, interviews, and surveys to evaluate whether, and to what extent, resolution sessions and mediation affected special education disputes.  The GAO also included [...]

Office for Civil Rights Alerts Districts of New Race Discrimination Investigative Initiative

On October 1, 2014, the United States Department of Education, Office for Civil Rights (OCR) issued a Dear Colleague letter explaining its plans to investigate intra-district racial disparities in accessing educational resources. OCR will focus on four main areas: (1) availability of advanced courses and gifted programs; (2) high quality educators; (3) physical facilities; and [...]

Court of Appeals Holds that Ohio Sunshine Law Does Not Cover Emails

After a board member investigated untoward athletic expenditures in his district, one athletic director resigned and, along with a colleague, was required to reimburse the district for improper spending.  As a follow up, the school board – with exception of the investigating board member – voted for a policy requiring all future communications between board [...]

Ohio Appeals Court Rules in Favor of School Districts in Funding Lawsuit

Although the Ohio Department of Education (ODE) funds public school districts based exclusively on the annual October count, charter school funding – deducted from public school payments – is adjusted monthly. In the ensuing disparity, public school districts must absorb new students without additional funding, whereas charter schools are paid for students upon enrollment. Further complicating [...]

Federal Court Requires Notice to Parents for Opportunity to Object to the Release of Student Data

On August 22, 2014, the United States District Court for the Southern District of Ohio, Eastern Division, issued a “Notice to Parents and/or Guardians from Federal Court Regarding Release of Educational Information Held by the Ohio Department of Education.”  The purpose of the notice is to inform parents that private student information will be released [...]

Best Lawyers in America© Names David Kane Smith 2014 Cleveland Education Law “Lawyer of the Year”

Britton Smith Peters & Kalail Co., L.P.A. is pleased to announce that David Kane Smith, senior of counsel, has been named the Best Lawyers® 2014 Cleveland Education Law “Lawyer of the Year.” David serves as lead counsel to many of the firm’s school district clients and is coordinator of the firm’s litigation section.  He practices [...]