The Office of Special Education Programs recently issued guidance to school districts in Letter to Gallo (113 LRP 19171 OSEP 04/02/13) specifying that, under certain circumstances, a teacher must obtain parental consent before gathering academic functional assessment data during a Response to Intervention (“RTI”). In the letter, OSEP explains that when a district gathers data [...]
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Examination of contents of a student’s cell phone by school officials is a search and may be undertaken only if officials have reasonable suspicion that cell phone may contain evidence that the student is or has engaged in unlawful activity or is contemplating harm to student or others.
The U.S. Sixth Circuit Court of Appeals, which governs Ohio, recently applied the standard for searches of student lockers and backpacks to the examination of the contents of a student’s cell phone. In G.C. v. Owensboro Public Schools, the superintendent examined the contents of a student’s cell phone immediately after student indicated he was contemplating [...]
Terminating the open enrollment of out-of-district student mid-term for disciplinary reasons is an expulsion requiring due process
The U.S. Sixth Circuit Court of Appeals, which governs Ohio, has ruled that terminating the open enrollment of an out-of-district student mid-term for disciplinary reasons is an expulsion that requires statutory due process. In G.C. v. Owensboro Public Schools, the superintendent of a Kentucky school district revoked the student’s open enrollment during the semester after [...]
The budget proposed by the Ohio House of Representatives rejects several of Governor Kasich’s proposals, including some aspects of funding of education. Preliminary analysis of the House proposal shows that fewer school districts would see stagnant funding. Under the Governor’s proposal, about 60% of school districts would see no increase in funding. The House would [...]
A school district may use different types of e-readers for non-disabled and disabled students as long as the devices available for disabled students provide equal access to educational benefits in an equally effective and integrated manner.
In response to the urging by groups representing disabled students for school districts not to use the Amazon Kindle for any student (because it purportedly does not have features that make it accessible to visually impaired students), the U.S. Department of Education, Office for Civil Rights (“OCR”) issued an e-mail giving guidance to school boards [...]
The Jackson City School District Board of Education removed a portrait of Jesus that had hung in the hallway of its middle school since 1947 after a student and parents, with backing from two civil rights groups, filed a complaint against the Board in federal court alleging that the display of the portrait violated the [...]