Highlights from the 2024 Student Rights Conference

On July 18 and 19, 2024, educators, parents, legal professionals, and advocates joined both online and in-person to participate in AW Law’s First Annual Student Rights Conference. Hosted at The Childhood League campus in Columbus, Ohio, and the Corewell Health Southfield Center in Southfield, Michigan, this two-day event was carefully structured to cover a wide range of topics, with Day 1 focusing on special education rights and Day 2 broadening the scope to general student and parental rights.

Day 1: Special Education Rights

Day 1 of the conference kicked off with a deep dive into special education, offering invaluable insights for attendees navigating the complexities of the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. Presentations by AW Law attorneys and advocates, as well as local related service providers, equipped attendees with strategies to effectively collaborate with school districts to ensure their children receive the support they need. Sessions like “Walkthrough Sections of the IEP” and “Negotiation Tips & IEP Team Building” offered practical guidance on understanding Individual Education Programs (IEPs) and negotiating the best possible outcomes for students with disabilities.

A highlight of Day 1 was the panel discussion featuring representatives from various special education-focused organizations. This session not only provided a platform for these organizations to share their services but also offered parents a chance to ask questions and build connections that could support their advocacy efforts in the future. The day concluded with a networking reception, where attendees made valuable connections.

Day 2: Student and Parental Education Rights

Day 2 expanded the conversation to encompass broader issues of student and parental rights. AW Law Managing Partner Mark Weiker, Esq., opened the day with a compelling session on the challenges students face in navigating school discipline. This was followed by discussions on the evolving legal landscape of parental speech, the complexities of education record laws, and strategies for addressing bullying and harassment. Each session was designed to provide attendees with the knowledge and tools necessary to effectively for their students.

The conference also tackled contemporary issues such as the impact of social media on student lives and the legal challenges that can arise from its misuse. Sessions on topics like “Swipe Right: Legal Insights for Parents in the World of Sexting + Social Media” and “Title IX Sex-Based Harassment; School Obligations” were particularly relevant given the increasing role of social media in students’ lives. The conference closed with a discussion on school choice and special education scholarships, providing attendees with information on the various educational options available in Ohio and Michigan.

Overall, the Student Rights Conference 2024 was a success, bringing together a diverse group of stakeholders to discuss issues affecting students today. Attendees left equipped with knowledge and resources to help them navigate the educational landscape and advocate effectively for their children’s rights. We look forward to the Conference’s continued growth in 2025!

This summary was written by Ohio education attorney, Renee Stromski, with Abdnour Weiker, LLP. If you need assistance with an education law issue, please contact us at www.Lawyers4Students.com

Do I Need an Attorney, an Advocate, Both or Neither?

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 special education services, and if they are, to provide those services in an appropriate manner.

In many cases, and with the right information, parents can advocate effectively for their child in the special education setting. The special education process was set up to be relatively non-adversarial and to allow parents to be members of the IEP team and collaborate with schools. However, some school districts push back when parents question their decisions, fail to truly inform parents of their rights under IDEA and Section 504, and fail to identify, evaluate or provide appropriate services to children with disabilities. If you are experiencing push back, you suspect something is wrong but cannot get your school to listen, or you believe your child is not getting services that allow him or her to progress appropriately, it may be time to call for help.

Your next decision is whether to call a special education attorney or parent advocate.

Abdnour Weiker, LLP has both advocates and special education attorneys to handle cases. Our advocates are many times more financially affordable to families, typically billing at 50% of the attorney hourly rate. Another benefit to hiring Abdnour Weiker, LLP is that you can start with an advocate but if the situation ever progresses to needing an attorney, our attorneys are already up to speed and familiar with your case. That means less time transitioning from an advocate to an attorney, and less money spent by the family.

Both advocates and attorneys should have a solid understanding of the IDEA and 504 frameworks at the state level, disabilities, educational theories and practices, and school environments. They should be aware of appropriate interventions for children with disabilities, be able to connect you with resources and services outside the school, and be adept at effectively communicating with school districts.

Here are some tasks that BOTH special education attorneys and advocates should be able to do well:

• Evaluate initial and triennial Evaluation Team Reports

• Advocate for and help draft appropriate and effective IEPs

• Advocate for Section 504 eligibility and help draft appropriate and effective 504 plans

• Advocate for Independent Educational Evaluations

• Evaluate and advocate for Functional Behavior Assessments & Behavior Intervention Plans

• Advocate for students with behavioral disabilities and protect those students when schools want to discipline them

• Understand and advocate for effective progress monitoring

So, when should you consider a special education attorney?

Advocates and attorneys should be able to evaluate your case to determine if you need legal or advocate assistance. However, the following may be red flags to alert you that an attorney may be needed:

• Your child’s needs concern specific areas of law such as placement outside of the school, your legal rights of confidentiality, etc.;

• Your child faces expulsion and/or criminal charges for conduct within the school;

• The school has brought in an attorney to help them, or you need to answer a letter written by an attorney; or

• You need to move beyond advocacy to file a formal complaint or due process with the Ohio Department of Education, or a complaint with the Office of Civil Rights.

The best way to determine if you need an advocate or attorney is to call one and ask. A responsible advocate will tell you when you need an attorney, just as a responsible attorney will tell you when you can use an advocate. Make sure they listen more than they talk – the hallmark of effective advocacy is in their listening skills!

Questions? Call us at 614.745.2001 or visit www.Lawyers4Students.com

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

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 include removal from school in the form of a suspension or expulsion. (For now, we will ignore the sad irony of a school removing a student from the educational environment precisely at the moment when a learning opportunity presents itself.) It is important for students and parents to understand what rights exist for students facing suspension and expulsion in Ohio.  

To begin, prohibited conduct is typically outlined in the student handbook. Sometimes these handbooks outline a range of sanctions for prohibited conduct, but not always. Schools should punish within the range of sanctions, but often apply mitigating or aggravating factors to modify the punishment. School administrators have some discretion (or leeway) when they issue sanctions, but there are limits and procedural requirements that must be followed for every suspension or expulsion.  

First, as suggested above, the sanction should fall within the range outlined in the student handbook and be applied equally among all students. Especially when other students are involved in the same incident and/or accused of similar violations, one student should not be punished more harshly than another, all things being equal. Second, and more importantly, suspension and expulsion laws provide an accused student a right to timely notice and an opportunity for a hearing.  

For school suspensions (which in Ohio can be issued for anywhere between 1-10 days), a student/parent is entitled to written notice from the school of the intended suspension. This notice must contain the purported code of conduct violation resulting in the suspension. The suspension notice may be issued directly to the student without parental involvement. However, students/parents have a right to appeal any suspension issued. Students/parents must appeal within the time period provided on the written notice. The suspension appeal period can be very short, sometimes within 2-3 days of the notice.  

Appealing the suspension gives the student/parent a right to a hearing before the board of education (or before the board’s designated hearing officer). The student/parent may be represented by an attorney in this hearing, can present evidence and witnesses, and can provide a written or oral statement refuting any evidence provided by the school in support of suspension. If the outcome of this appeal is not favorable, the suspension may be appealed to the local court of common pleas.  

For school expulsions (which in Ohio can be issued for anywhere between 1-80 days, or longer for drug and weapons-related violations), a student and parent are entitled to written notice from the school of the intended expulsion and a right to a hearing before the expulsion is issued. The notice must contain the purported code of conduct violation resulting in the potential expulsion. Before any expulsion is issued, a hearing must be held with the school superintendent (or a designee), and the hearing must be held 3-5 days from the date the notice of intended expulsion is issued.  

A student/parent may be represented in the expulsion hearing and present evidence and witnesses, similar to the suspension appeal explained above. If the school decides to expel the student following the hearing, the superintendent or principal must notify the student and parent of the expulsion within one school day of making the decision. This notice of expulsion must include the reasons for the expulsion and notify the student/parent of the right to appeal the expulsion.  

Appealing the expulsion similarly gives the student/parent a right to a hearing before the board of education (or before the board’s designated hearing officer). The student/parent may also be represented by an attorney in this expulsion appeal hearing and present evidence and witnesses. If the outcome of this expulsion appeal is not favorable, the expulsion may be appealed to the local court of common pleas.  

It is very helpful to consult with an education attorney as soon as a notice of suspension or expulsion is issued, so that all options may be considered to avoid the suspension and/or expulsion.  

Written by Mark Weiker, Esq. with Abdnour Weiker, LLP

Questions? Call us: 614-745-2001

Parents: Three Steps to Take to Minimize the Impact of the Columbus City Schools Labor Strike on Your Children

Parents: Three Steps to Take to Minimize the Impact of the Columbus City Schools Labor Strike on Your Children

On Sunday, August 21, 2022, the members of the Columbus Education Association (“CEA”) voted overwhelmingly to go on strike, the first in the district since 1975. Classes are scheduled to begin on Wednesday, August 24. The Columbus City Schools Board of Education (“BOE”) has adopted an Alternative Opening Plan should the strike continue through the first day of school. 

Here are three important steps to take to minimize the impact to your child: 

• Send Them to School, Even if it’s Online. The Columbus City Schools BOE has adopted an online learning plan using substitute teachers should the strike continue. Regardless of how you feel about the strike, you should review the Asynchronous Learning Plan in advance. Be sure to look up the schedule and assignments and prepare your child(ren) to attend and complete those assignments when school starts on August 24. Importantly, sending your children to school does not indicate support for either the BOE or the union. Sending your children to school is also not considered “crossing the picket line,” a term that historically applies to employees reporting to work while their fellow union members are on strike. 

• Make it a Teachable Moment. Everyone retains information better when we experience it. While the strike is an unfortunate reality, you can also use it as an opportunity to explain the nature of the debate, as well as the history of labor strikes in the U.S. This is made much easier with YouTube videos like “The Labor Movement in the United States” and “A Brief History of Labor Unions,” among dozens of other online resources just for students. 

• Document Missing Services, Especially for Students with Disabilities. If your child receives specialized supports or services through an IEP or 504 Plan, you should record, in detail, exactly what accommodations, supports and services were not provided. The BOE’s obligation to provide an appropriate education to students with disabilities does not go away during a strike or because the curriculum is being delivered online. The BOE should provide access to live substitute therapists, private therapists and/or alternative placements for students who cannot learn or receive services online. Recording this information will help you recover any missed services later, which can be accomplished through an IEP meeting, mediation or by filing a written or due process complaint with the Ohio Department of Education. 

Authored by Mark Weiker, Esq. at Abdnour Weiker, LLP

Questions? Call us. 614-745-2001

HELP! I need to call a lawyer.

5 Things You Need to Know Before Contacting an Attorney 

1. 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 school principal's office. You can have an attorney do this for you should you consult and retain them within the deadline to submit your intent to appeal. 

   If you have a hearing scheduled or need to submit an appeal, contact a lawyer several days in advance of this deadline, if not at least a whole week prior. 

   If you have an interview or investigation meeting, follow the same advice as if this was a hearing or appeal submission and contact a lawyer ASAP. 
   

2. Documentation – Keep it Handy, But Share What is Requested 

   It is always helpful to keep all communications with your employer, school, university, an adverse party, etc., safe and secure. Attorneys will often request specific documents, i.e., IEPs, suspension notices, and ODE letters, so do have those ready to send. 

   As far as other communication goes, you can send these items to the firm you are contacting after scheduling a consult, though keep in mind that attorneys often will not have time to read each article in its entirety. 

3. Have a General Understanding of Your Goals for Contacting an Attorney 

   In many cases, your objective to remedy your situation is clear, getting your child re-enrolled in school, appealing a court decision, getting assistance through a hearing, etc. However, you may feel a more general sense that an injustice has occurred, and you would like to see action taken. In either situation, it is best to gather a sense of your goals as a client to effectively communicate to an attorney’s office what type of assistance you need. Even a brief list of goals will be enough to have a successful initial consultation. 

4. The First Person You Talk to at Their Office is Likely Not an Attorney (and They Did Not Do the Bad Thing to You) 

   This person, often an office administrator or intake coordinator, is here to answer questions about the firm you are contacting and create your file as a client. They will typically need to walk through a list of questions for their intake process and will likely have information to share with you about what that process entails.  

   Please keep in mind that they are the liaison between you and the attorney. They cannot control your case's outcome, answer any legal questions, or provide a remedy for the situation outside of getting you in touch with an attorney. 

5. Retainers, Flat Fees, Contingency Defined 

   While many attorneys operate on a retainer fee structure, the most well-known payment structure is often referred to on billboards and commercials as "you don't pay unless we win." To distinguish the former from the latter, here are some general definitions of typical payment structures that lawyers utilize: 

   Retainers - A fee that the client pays upfront to an attorney to commence representation, which is held in trust until the attorney works on/earns the fee. With each piece of work that the attorney does, that balance will deplete. 

   Flat Fees – A fee paid upfront to cover all work that the attorney will perform. This is a fixed amount and is generally non-refundable. 

   Contingency – The lawyer or firm only receives compensation if they successfully represent the client. Commonly known as "pay if we win." 

* Please Note: The Concept of "Wins" *

Many people seeking an attorney will want to know, "what is your firm's 'win-rate' or 'record?'" Frankly, that metric is not typically logged or measured as it is difficult to assess what a "win" is, given how different each client's goals usually are. Thus, keep in mind that many offices will not have a straightforward response for this as there is not a straightforward answer in many cases. 

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

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 recent lawsuits suggest that courts are largely unwilling to interfere with the discretion of school boards to make unpopular decisions.

Montgomery County Schools Cases

In September 2021, the U.S. District Court for the Southern District of Ohio in Dayton dismissed three separate lawsuits brought by pro se parents against three different Montgomery County Schools (Huber Heights City Schools, Mad River Local Schools and Northmont City Schools). The parents each alleged that the schools’ policies requiring masks were a violation of their children’s constitutional rights. The dismissals by the Court were not based on the merits of the claims, but rather on a rule prohibiting parents from filing pro se claims in federal court on behalf of their minor children.[i] The Court held that, “the rule against non-lawyer representation protects the rights of those before the court by preventing an ill-equipped layperson from squandering the rights of the party he purports to represent.”[ii]

Chillicothe City School District Case

On Nov. 1, 2021, four parents filed a lawsuit against the Chillicothe City School District and school administrators alleging that the school’s policy requiring masks was “arbitrary, capricious and based on ignorance due to failure to inquire into facts.”[iii] The parents’ pro se claims brought on behalf of their minor children were dismissed sua sponte by the Court for the same reason as those in the Montgomery County cases, while claims brought by the parents on their own behalf survived. Nonetheless, the parents’ request for a Temporary Restraining Order (TRO) was denied because the parents “[had] not shown that they [were] likely to succeed on the merits of the remaining claims or that irreparable injury would accrue from denying the motion.”[iv]

In addition to the Chillicothe case, at least two other cases included requests for a TRO by parent-plaintiffs, and the courts denied the requests in both cases.

Mayfield City School District Case

In September 2021, a parent in the Mayfield City School District sought a TRO against the school district because the school board was attempting to institute a mask requirement.[v] The parent argued that the mask mandate caused “immediate and irreparable harm” to students, staff, and the general community.[vi] The parent also alleged that the mandate was a violation of her daughter’s constitutional rights and impeded on her daughter’s fundamental right to a public education.[vii]

The Court denied the motion for TRO because the parent failed to meet the necessary elements, finding that masking did not impede on the student’s ability to attend school. The Court also found that there was likely no chance of irreparable harm to the plaintiff’s daughter or other minors should the mask mandate be allowed to stand.[viii] Notably, the Court identified that, “the mask mandate was implemented to prevent serious injury, illness, and death in the District and broader community…[and] the risks associated with not wearing a mask in public schools are well-documented and supported by scientific evidence.”[ix]

Forest Hills Local School District Case

In another case filed in September, a plaintiff in the Forest Hills Local School District took issue with the meeting in which the school board adopted the mask policy. The plaintiff alleged a violation of the Open Meetings Act[x] and sought a TRO preventing the school board from enforcing the mask requirement.[xi] The Court denied the relator’s request for a TRO after holding a conference with the parties.[xii] After the TRO was denied, the plaintiff filed an affidavit to have the judge disqualified due to the judge’s comments at the conference, but the Ohio Supreme Court determined that the judge was not prejudicial.[xiii]

Hudson City School District Case

A more recent case was filed by three parents in the Summit County Common Pleas Court on Jan. 10 against the Hudson City School District. The parents sought injunctive relief prohibiting the school district from enforcing masking and quarantine rules absent a health department order, among other requests for relief. As of February 7, 2022, no hearing on injunctive relief has been scheduled or held, and no such relief has been ordered by the court, although the case is still pending.

While some case dismissals have been procedural, and others are only denials of immediate injunctive relief, the outcomes to date indicate a reluctance on the part of Ohio courts to disrupt the difficult decisions made by local boards of education—at least when it comes to masks.

[i] See P.G. v. Huber Hts. City Schl Dist., 3:21-cv-257 (S.D. Ohio, Sept. 23, 2021), citing Shepherd v. Wellman, 313 F.3d 963, 970 (6th Cir. 2002).

[ii] Id., citing Bass v. Leatherwood, 788 F.3d 228, 230 (6th Cir. 2015).

[iii] Wettersten v. Chillicothe City Schl. Dist., 2:21-cv-5187 (S.D. Ohio, Nov. 1, 2021).

[iv] Id.

[v] P.M. v. Mayfield City Sch. Dist. Bd. of Educ., No. 1:21 CV 1711 (N.D. Ohio, Sept. 13, 2021).

[vi] Id. at 2.

[vii] Id.

[viii] Id.

[ix] Id. at 4.

[x] Doe v. Forest Hills Loc. Schl. Dist., A-2102899 (Hamilton Cty., Aug. 18, 2021) (documents sealed).

[xi] In Re Disqualification of Jenkins, No. 21-AP-114, ¶¶17-18 (Sep. 22, 2021).

[xii] Id.

[xiii] Id. at 2.

Mark Weiker, Esq., Abdnour Weiker, LLP

Lawyers4Students.com

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, 2019). 

1. FMLA Leave

As a starting point, FMLA provides that an employee eligible for FMLA may take up to 12 weeks of job-protected, unpaid FMLA leave per year “to care for the spouse, son,daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.” 29 U.S.C. §2612(a)(1)(C); see also 29 U.S.C. §2611(11); 29 C.F.R. §825.112–.115.

2. IDEA and Related Services

Alternatively, the Individuals with Disabilities Education Act (“IDEA”) requires public schools to develop an IEP for astudent who receives special education and related services, with input from the child, the child’s parents, teachers, school administrators, and related services personnel. Under IDEA, “related services” may include such services as audiology services, counseling services, medical services, physical therapy, psychological services, speech-language pathology services, rehabilitation counseling services, among others.

3. DOL Conclusion

Considering both statutes, the DOL instructed that attendance at IEP meetings does qualify FMLA-covered leave so long as the employee’s son or daughter suffers from a “serious health condition” as defined in the law. FMLA defines a “serious health condition” as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider. Many students receive “continuing treatment” by a healthcare provider pursuant to their IEP. 

4. FMLA Medical Certification

An employer may require the parent to provide a medical certification in order to verify the existence of the child’s serious health condition. This certification is a standard FMLA form issued by a health care provider, further supporting the request for leave. This certification would verify that the child’s condition qualifies as a “serious health condition” under FMLA. 

5. Parents Input is “Essential”

In issuing the guidance, the DOL recognized that the parents in question attend IEP meetings in order to “help make medical decisions concerning their children’s medically-prescribed speech, physical, and occupational therapy, to discuss their children’s wellbeing and progress with the providers of such services, and to ensure that their children’s schoolenvironment was suitable to their medical, social, and academic needs.” The DOL also instructed that, a parents’ attendance at IEP meetings is often “essential to [the parent’s] ability toprovide appropriate physical or psychological care” to theirchildren, further justifying the application of FMLA protected leave for IEP meetings. 

6. Intermittent Leave 

Under FMLA, an employee may use the leave intermittently or on a reduced leave schedule when medically necessary because of a family member’s serious health condition. 29 U.S.C. §2612(b)(1); 29 C.F.R. § 825.202. This means that the employee may apply the FMLA leave as-needed, for portions of a workday, rather than in a scheduled days or in continuous days. Intermittent leave is the type of leave most parents would need to request and use for IEP meetings. 

Finally, the DOL instructed that the child’s doctor does not need to be present at IEP meetings in order for the leave to qualify under FMLA. The conclusion provided by the DOL alsoapplies to any special education meetings held pursuant to IDEA. 

This article was authored by education and employment attorney, Mark A. Weiker. 

Questions? Call us: 614-745-2001

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, and a faster than typical motor cortex. Among other things, the frontal cortex is responsible for suppressing inappropriate actions and thoughts, focusing attention, short term memory and the ability to work for rewards. Two thirds of children with ADHD have at least one other co-existing condition such as a learning disability, anxiety, depression, oppositional defiant Disorder, or others. Common symptoms of ADHD are inattention, impulsivity, poor social skills, and poor concentration.

Many children with ADHD are not appropriately evaluated for a disability or accommodations in school. According to the Office of Civil Rights (OCR), ten percent of OCR complaints in the last 5 years have dealt with allegations of discrimination against students with ADHD. Because of this, in July 2016 OCR issued a guidance document for students with ADHD.

The guidance clarifies:

• when a student may be eligible for special education or related services;

• makes clear that even students who perform well academically may have a disability if also substantially limited in major life activities such as such as reading, learning, writing and thinking; and

• reminds schools to provide parents with information regarding due process and how to appeal a decision involving identification, evaluation, or educational placement of students with disabilities.

This guide is available on the Office for Civil Rights’ website at http://www.ed.gov/ocr.

Questions? Call us! 614.745.2001

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 the promotion of health and safety.

When implementing dress code policies, public boards of education must also consider students’ rights to free speech under the First Amendment to the United States Constitution. The United States Supreme Court held in 1969 that student speech can be regulated if a school proves it “materially and substantially interfere[s]” in school operations.

Q: Can a public school require students to cut their hair? 

A: In most cases, yes. So long as the school’s policy governing length of hair is necessary for the government of schools and related to some educational purpose, the policy will usually be upheld by the courts. On the federal level, the Sixth Circuit Court of Appeals (covering Ohio) has held that hair length restrictions do not typically infringe on student constitutional rights under the First Amendment (regarding freedom of speech and expression). However, some Ohio courts, including the Ohio Supreme Court, have overturned hair length restrictions that were considered arbitrary or unreasonable.

Q: Can a public school restrict the clothing that students wear? 

A: Yes. Schools are given great latitude in implementing policies governing student clothing. Schools may implement dress codes in order to limit disruptions on campus. Courts have upheld dress codes prohibiting vulgar writing, earrings, body piercings, sagging pants, torn clothing, bare midriffs and other sexually suggestive clothing. Policies that attempt to limit students from wearing gang-related or violence-based clothing are usually upheld where the schools can show the potential for disruption is real.

Q: Are there limits on what clothing public schools can ban? 

A: Yes. As indicated above, schools must be able to show that the risk of disruption is real in order to enforce a dress code prohibition. Students also have freedom of expression and freedom of religion rights under the First Amendment, although schools may weigh these rights against the potential for disruption in school. By way of example, in a 2007 case, the Sixth Circuit Court of Appeals held that a ban on wearing the confederate flag was appropriate where the school had demonstrated that racial tensions existed in the school.

Alternatively, in 2013, the Third Circuit Court of Appeals in Pennsylvania held in favor of students who challenged a school district’s policy banning “I heart boobies” bracelets that the students wore in support of breast cancer awareness. The court held that the school district did not prove that the bracelets were disruptive.

Q: Can a public school require student uniforms? 

A: Yes. Ohio has adopted a statute indicating that schools may require a school uniform to be worn by the students attending one or more district schools, so long as the policy promotes a safe and healthy school setting and enhances the educational environment. The policy must be included in the school’s general code of conduct or discipline policy, be posted in a central location and be made available upon request.

Q: Are there steps that a public school must take to adopt a school uniform? 

A: Yes. The board of education must provide six months notice in advance of requiring uniforms and afford “ample opportunity” for principal, staff, and parents to offer suggestions and comments on the proposed uniforms. The board of education must also include a procedure to assist parents of economically disadvantaged students to obtain uniforms, which may include using school district funds or funds from other sources to provide this assistance.

Q: Can students be disciplined for violations of grooming, dress code or uniform violations? 

A: Yes, so long as the school has adopted a policy that is sufficiently clear on the issue of grooming (e.g. hair length), prohibited clothing or uniforms. Students must always be placed “on notice” in regards to the policies in which they are disciplined.