Do you have a gifted student?

Suspect a student is gifted?

Parents, students or teachers can refer a potentially gifted child for screening at any grade. Public school districts in Ohio must provide screenings at least twice per year, and must have a procedure for parents to appeal any decision about the results or scheduling of testing, or the placement of a student in a gifted program.Early identification is especially important because the benefits of gifted education are cumulative. Alternatively, gifted students who aren't identified may eventually exhibit behavioral and learning issues in a regular classroom environment. School districts should provide standardized testing, which is a useful method of identifying gifted students.Once a student is identified as gifted, the school's principal or gifted coordinator should be contacted to discuss the next steps, and to develop a Written Education Plan (WEP) for the student.An important caveat to gifted education: All public school districts are required to meet minimum standards for identifying gifted students, but are not required to provide gifted or advanced educational curriculum. This means that some districts offer gifted reading, others gifted science or math, while still others may not offer any gifted programs at all.This means that the gifted child might need to transfer schools in order to receive an advanced curriculum in their area of giftedness. If your child moves schools, you should request that your former district transfer the educational file to the new district. All public districts in Ohio must honor students' gifted identification if it was from another Ohio school. Finally, districts are required to enact a policy for gifted education; be sure to request the policy if anything is unclear.

Students with disabilities

Students with a disability—such as physical disability, mental illness, learning disability such as dyslexia, autism, or Attention Deficit Hyperactive Disorder (ADHD)—may also be gifted. These children are considered "Twice Exceptional."Identifying these students can be challenging because the characteristics and symptoms associated with certain disabilities can overshadow high cognitive ability and/or exceptional aptitude. The new regulations provide increased protection and specialized gifted testing of individuals with disabilities that reflect the student's aptitude or achievement and not their disability.Remember though, by law gifted students with disabilities must receive special education services from their public school to accommodate any special needs, but they are not required to receive gifted instruction.

Gifted academics

The results of gifted screening will determine the areas in which the child exhibits high levels of accomplishment. Gifted instruction can take many forms: a self-contained classroom for gifted students in a particular academic area; a self-contained general education classroom for only gifted students; co-teaching with a general education teacher and a gifted instructor who "pushes in" for specific lessons; push-in services for differentiated learning in the general education classroom; honors courses; International Baccalaureate courses; Advanced Placement courses; grade acceleration; dual enrollment opportunities such as College Credit Plus; and others.Whichever models of gifted instruction a district provides, it is essential that parents stay aware of and involved in their student's learning.The new regulations strengthen the standards for professional development of gifted teachers, and increase the communication between schools and families with gifted students.The Written Education Plan (WEP) must be updated annually, and parents should stay in close contact with their student's gifted teacher to ensure his or her needs are being addressed. A gifted child—when provided with the appropriate services and education—can flourish academically, embrace learning, and expect a future full of opportunity.

The role of an attorney

Gifted students who are not appropriately challenged often have behavioral issues in later school years that can culminate in suspension and expulsion. This can be especially true of those children considered "Twice Exceptional." Although districts are not required to provide gifted instruction, students who are considered "Twice Exceptional" have additional protections.A recent United States Supreme Court case, Endrew F. v. Douglas County School District, rejected a lower court ruling that the standard for educational services for disabled children was to provide "merely more than de minimus" educational benefit.Instead, schools must provide educational services "reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances." Additionally, "every child should have the chance to meet challenging objectives." The objectives are generally aligned with curriculum for non-disabled children, but that alignment is only a guide, and can be replaced by individual goals specific to each child.Skillful education attorneys can help parents advocate for gifted services based on the individual needs of their disabled, twice exceptional child.

https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/Ohios-Standards-for-Gifted-Student-Education.aspx

Questions? Call us! 614-745-2001

Educators & Social Media Interactions

Many of you have heard about the teacher fired for her Twitter response to a student's  misspelling of the word tomorrow. See: http://abc6onyourside.com/news/nation-world/experts-defend-school-staffer-fired-after-correcting-students-spelling-on-twitter

While the teacher's response in the article certainly appeared to be more playful than harassing, it does highlight the inherent problem facing educators interacting with students on social media. The first rule and best rule to follow is that educators should not interact with students via social media, text message or alternative messenger apps such as SnapChat or Kik. When the school itself authorizes or instructs its employees to use these platforms to inform students and parents, extreme caution should be exercised.

The real challenge is that social media and messenger platforms are inherently informal. Educators can be lured into making seemingly humorous comments which others (namely parents) would consider rude or disrespectful. This means that posts originally intended to be playful (like the one in the article) are ultimately viewed as harassing. Teachers can easily forget that, notwithstanding the apparent equivalent "user" status they have with students online, they remain in a position of power over students in the real world. This means that comments from a teacher or educator carry more weight than comments made by peers, and can easily be considered an abuse of power. This is often how educators and schools using social media end up in awkward positions.

In addition to discipline or termination of employment, educators also risk license suspension or revocation for improper communications made on social media or by text. Based on recent license suspensions and revocations, it appears that the Ohio Department of Education is taking a tough stance on all questionable or informal electronic communications between students and teachers. For these reasons, it is sage advice for all educators to avoid social media or texting communications with students altogether if possible. If the employer-school authorizes or instructs teachers to use these platforms to communicate with students and/or parents, all communications should be about school business with no exceptions. And never get lured into making a joke at a student's expense.

Remember: in addition to representing students and parents, we counsel teachers and administrators through employment related matters in order to keep quality educators in schools. 

Questions? Call us! 614-745-2001

Dyslexia 101

Does your child struggle to read?

• Does your preschooler have trouble with common nursery rhymes, can’t learn and remember the names of the letters in the alphabet, or have a hard time recognizing common rhyming patters like cat, rat and bat?

• Does your kindergartener or first grader read “puppy” instead of the written “dog” when looking at an illustration? Does he or she have trouble sounding out words or connecting letters with sounds?

• If your child is a second grader or up to young adult, does reading come slowly, does he or she avoid it if at all possible?

• If in high school, is a foreign language almost impossible to learn?

• For all age groups, does your child have difficulty finding the right words to say, pronounce names and places incorrectly?

 What are your child’s strengths?

• Does your child have a great imagination, a good understanding of concepts, like to solve puzzles?

• Does your child have excellent verbal comprehension?

• Does your high school student have good thinking skills like reasoning and abstraction?

• Does he or she learn best by doing, or excel in areas not driven by reading?

• For more clues, please see The Yale Center for Dyslexia and Creativity, http://dyslexia.yale.edu/clues1.html.

If some or all of the above answers are positive, your child may have DYSLEXIA, a very common learning disability. Some experts say up to 80% of all people with learning disabilities have dyslexia.

Here’s the good news:

Dyslexia is treatable. Schools can help.

 What is dyslexia?

Dyslexia has nothing to do with intelligence. People with dyslexia are scientists, architects, authors and more. Go ahead, Google famous people with dyslexia. You’ll find lots of amazing people who have overcome their dyslexia and done incredible things.

You may be thinking that dyslexia is only about reversing letters, and your child doesn’t do that. Dyslexia is now understood to be a disorder of the language system in the brain.

Dyslexia “reflects a deficiency in the processing of the distinctive linguistic units, called phonemes, that make up all spoken and written words.” Shaywitz, S. (1996), Dyslexia: A New Model of the Reading Disorder Emphasizes Defects in the Language-Processing Rather than the Visual System, Scientific American, 275(5) 98.

That means that your child’s brain has trouble decoding words, or breaking words into their distinctive sounds.

Think of your brain like a bunch of paths in the forest. Typical readers can see the word “bed” three times, sound it out and remember it, and the fourth time they see the word, their brain sends a signal from the logic part to the long term memory part that what they are seeing is the word “bed.” The signal travels a distinctive or well-worn neural path from the logic to long-term memory. They’ve got it.

In a dyslexic brain, the neural path from logic to long-term memory is not distinctive or well worn. There may be branches or blocks preventing the signal from going though, or the path may be so lightly drawn that is really isn’t a path. Dyslexic readers will have to see and focus on the word “bed” over four hundred times to have it go to long-term memory!

Researchers at the Yale Center for Dyslexia and Creativity have taken numerous fMRIs of typical and dyslexic brain to show these differences.   Their website is a wonderful resource. Dr. Sally Shaywitz of the Yale Center also has a great book called Overcoming Dyslexia that is well worth reading, and has excellent pictures of the fMRIs.

What can you do?

The brain is most pliable and able to put down new neural pathways in childhood. The time to act is now – delays in reading prevent children from learning and will make them fall further and further behind in school. Teachers call the K-3 grades the “Learning to read” grades, and grades 4 and up “Reading to Learn.”

Dyslexia is not a life sentence!

Dyslexia is treatable. Evidenced-based multisensory programs like Orton Gillingham, Wilson Reading Method or LindaMood Bell are effective at teaching dyslexic students to read and actually lay down the neural pathways that are blocked or missing. The programs are multisensory and intensive, and while they take several years, if done correctly and by qualified teachers, they do work.

First things first: evaluate your child and find out exactly what is wrong.

If your car stops running, you have several options, but just knowing that the car doesn’t start is not enough to determine the problem. Reading problems are the same. You need to know specifically what is wrong so you can know the specific type of education intervention that is necessary.

The first thing you need is an evaluation to determine if your child has dyslexia. You can see a specialist privately, or you can ask your child’s school to evaluate. There are pros and cons to both methods. Private evaluations by qualified professionals can be costly, but if dyslexia is found, they will unequivocally state that your child has dyslexia and needs specific educational methods to address reading deficits.

Did you know that schools have the responsibility to identify children with disabilities?

A federal law called Individuals with Disabilities Education Act or IDEA makes states responsible for finding children with disabilities and then educating them according to their unique needs.   This means that Ohio has the responsibility to search out children with disabilities, from birth through age 21.

If you suspect your child may have dyslexia, you have the right to request an Evaluation from the school.

If the school determines your child has dyslexia, it will implement an Individualized Education Plan (IEP) tailored to his or her needs, and your child will receive the educational services he or she needs to learn how to read. If dyslexia is in your child’s evaluation, schools must use programs or curricula that are evidence-based to address the dyslexia.

 Is it really that easy?

In some enlightened school districts, it really is that easy. Unfortunately, most school districts make it very, very difficult. If you are running into roadblocks, consider hiring an advocate or attorney.

What if the school won’t conduct an evaluation?

At this point in the process, some school tell parents that they are going to try different interventions before evaluating the child. This is often called response to intervention (RTI). RTI sounds reasonable, but legally schools must try these interventions at the same time as they evaluate the child – they can’t unnecessarily delay an evaluation.

 What happens at an evaluation?

An evaluation must be completed within 60 days of getting your consent to evaluate. It must meet certain requirements. For example, an email telling you your child has been given one test and found not to have a disability is not an evaluation as Ohio defines it.   Some of the rules for an acceptable evaluation are:

• An evaluation should be done on a form called PR-06 (Evaluation Team Report),

• An evaluation team includes the parents, the child’s teacher, and many other staff from the school district.

• The team must formally meet to discuss the results of the evaluation,

• Parents must be given the report so that they can meaningfully participate in the meeting,

• The school must not use one single assessment to determine if your child has a disability, but use a variety of assessments and strategies, including information from the parents, the classroom teachers, and medical professionals if necessary.

What does the evaluation team decide?

The evaluation team has to decide three things at the meeting:

1. If the child has a disability

2. If that disability has an adverse effect on the child’s education, and

3. If the child needs special education and related services.

Individualized Education Program (IEP)

If the team decides the answer is yes to all three of the above questions, your child will be identified as having a disability, and the school will have 30 days to write an Individualized Education Plan, or IEP. Your child is covered under IDEA and has the right to specialized instruction and accommodations.

This is where is becomes very important to have “dyslexia” in the evaluation, not just “learning disability.” The goals and services of the IEP must be written specifically for your child with dyslexia, and must be tailored to actually provide educational services to address the dyslexia.

What if you disagree with the team’s determination?

Parents are a part of the evaluation team, but the school district makes the ultimate decision. If you disagree with the evaluation results, you are entitled to ask for an Independent Educational Evaluation (IEE) at pubic expense. This is an evaluation done by a non-school related professional. The school may not just deny your request, but must respond in one of two ways:

1. Grant you the IEE, or

2. Prove to a hearing officer that their decision was correct.

When should I bring in outside help?

Unfortunately, many schools put up roadblocks for students with dyslexia. District may not evaluate, may evaluate but not be specific enough in the report to find dyslexia, or may offer educational services that are not scientifically tailored to actually help. We have seen IEPS that only look at how fast a child reads, not whether they understand what they are reading. We’ve seen schools deny dyslexia as though it doesn’t exist, or blame behavioral problems on children when the underlying problem is their dyslexia. The school to prison pipeline for struggling readers is tragically all too real.

If your school is putting up roadblocks, consider bringing in a skilled advocate or attorney to help ensure that your child gets the appropriate educational services and accommodations. There is no reason children with dyslexia should struggle to read.

Questions? Call us! 614-745-2001

College Code of Conduct - Quick Q & A

College Students Often Caught Off Guard by Code of Conduct

Q: What is a college code of conduct? A: The code of conduct is a set of rules that governs student behavior on campus. This includes the regulation of academic behavior (e.g. plagiarism, cheating, academic dishonesty), as well as non-academic behavior (e.g., alcohol or drug violations, hazing, harassment, sexual assault).Courts view codes of conduct as contracts between students and colleges, and hold that students agree to the terms of these contracts when they enroll. The terms can be surprising and regularly catch students off guard. Unfortunately, students usually don’t read the “contract” until after they have been accused of an infraction.

Q: Can the code of conduct be applied off campus? A: Yes. The code of conduct can regulate some off-campus activity. Courts have held this to be a proper extension of the school’s jurisdiction so long as the school properly identifies the prohibited, off-campus behavior in the code of conduct and there is some connection between the behavior and campus. For example, colleges may impose sanctions for out-of-control parties (in which other students attend), stalking or harassment of another student off-campus or actions that demonstrate unprofessionalism for a particular profession.

Q: Can I use an attorney for code of conduct proceedings? A: Yes, but codes of conduct may limit your use of an attorney. Even for public universities, courts have determined that students do not have an absolute right to counsel in code of conduct proceedings. The right to counsel only exists when an attorney appears on behalf of the university or when the proceeding was “subject to complex rules of evidence or procedure.”Your school may allow you to use an attorney, but in an “advisory capacity” only. This means that the attorney can advise you, but cannot speak on your behalf. This is commonly called “potted plant” representation. Attorneys may not be allowed at all for purely academic issues (e.g., grade appeals). Private schools may also prohibit the use of attorneys because certain constitutional due process protections may not apply.

Q: Why should I hire an attorney who can only advise me? A: You may think that hiring an attorney is futile in such a circumstance, but an attorney can help in a number of ways. The attorney can: help you understand the risk involved in requesting a hearing versus accepting responsibility; help you prepare questions and evidence; identify additional protections that may exist (e.g., protections for disabled students, minimal constitutional due process standards, etc.); and provide guidance throughout the hearing itself. There are also several factors to consider if you are facing a pending criminal charge in addition to a code of conduct violation. When procedural errors do occur, attorneys can help students properly identify the errors and file an appeal.

Q: How much evidence must the school have against me in order to find me guilty of a code violation? A: Regardless of the alleged conduct, the “preponderance (greater weight) of the evidence” standard is universally applied during code of conduct hearings. Very little evidence may be used to find a violation. This can be a rude awakening, especially for students charged with violations that may result in a substantial suspension or dismissal. Dismissed students can be left holding hefty student loan debt with no corresponding degree, all based on a panel’s determination that it was “more likely than not” that a violation occurred.

Q: Can the school fine me? A: Yes. Some schools impose monetary fines for code of conduct violations. Fines can range from nominal amounts to several hundred dollars. Schools cite fines as a deterrent to unwanted behavior, although the practice has raised some ethical questions in the last few years.

Q: Can I appeal a decision? A: Yes, but the time to appeal a code of conduct panel decision can be very short, often between three and seven days. You may lose your right to an appeal simply by taking too long to check your mail or consult with an attorney.

This “Law You Can Use” column was prepared and published for use by the Ohio State Bar Association (OSBA). It was authored by Mark A. Weiker, an attorney with Abdnour Weiker, L.L.P., who practices education law and represents students and educators. The column offers general information about the law. It is not intended to be legal advice. Seek an attorney’s advice before applying this information to a legal problem.    

Questions? Call us! 614-745-2001

HOW TO: Be A College Student With A Disability

If you were a student with a disability in elementary, middle or high school and are now in college, you’ve probably noticed a huge difference. Gone are the intervention specialists and teachers who read your IEP or 504 and kept you on track educationally, emotionally or physically. College professors expect you to manage your classes, your student life, everything, on your own. They may never have heard of an IEP or 504, and they may not understand that you may need accommodations. But you do. Still. So what should you do?

You hopefully received in high school what the law calls FAPE – a Free and Public Education. If you had an IEP, it should have been tailored to making sure you received specialized educational services under IDEA – the Individuals with Disabilities Education Act. Or you may have had a 504 plan – accommodations for your disability that you were entitled to based on Section 504 of the Rehabilitation Act of 1973.

Here’s the bad news. Colleges don’t have to provide a Free and Appropriate Education (FAPE) to you. This is because colleges are not subject to IDEA.

However, you still have protections. Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans With Disabilities Act of 2008 prohibit discrimination on the basis of disability in college.   This means that those accommodations you received under an IEP or 504 in high school may still apply in college.

The huge difference between high school and college: you are your own advocate. In high school you had teachers, parents and administrators helping you and advocating for you. You may have gone to your annual IEP or 504 meetings, where a lot of school staff and you and your parents hashed out a plan that was the best fit for you to learn what you needed to learn.

But in college, you are the one who needs to bring up your need for accommodations.

- The "How To" -

1. Identify yourself to the college as a student with a disability. Colleges should have an office responsible for disability services. Check out their website and see what kinds of documentation they require, and what services they routinely offer. For example, Columbus State Community College offers Read and Write Gold for everyone on campus regardless of disability.

2. Get tested, if necessary. The college may need documentation. Colleges can set their own requirements for documentation, and often a copy of your 504 Plan or IEP is not enough to prove that you currently have a disability.

   • Who pays for any testing you may have to get? In high school or below, the school district paid for any evaluations. Colleges are not responsible for paying. If you qualify for your state vocational services, the state may pay. Opportunities for Ohioans with Disabilities (OOD) at http://www.ood.ohio.gov/Core-Services/BVR can help. Otherwise, you are responsible for paying for an evaluation that the college needs to determine if you have a disability.

3. Documentation to show the following:

   • That you have a disability;

   • The disability substantially limits a major life activity; and

   • The disability shows the need for academic adjustments (or accommodations).

     • When don’t you need documentation? A medical diagnosis may be enough for a college, proved that it includes how the disability impairs you as a student. Colleges have leeway in making this determination – you may be required to provide additional documentation.

4. Work with the college in determining which accommodations are necessary for you. It isn’t as simple as showing the college what you got in high school and asking for the same accommodations. Remember, you don’t have the right to specialized educational services. Colleges do not have to give you any accommodation that fundamentally alters the program or result in undue financial burden on college. For example, you may get extra time on a test, but the college won’t have to change the content of the test.

Remember, the person at the disability office is not like your intervention specialist or teacher in high school. The disability officer evaluates your documentation, works with you to figure out which services you need, helps you with arranging services and testing modifications, and deals with any problems that may come up. The officer does not tutor you, give you counseling, or help you manage your time. Depending on the college, other offices may provide tutoring, counseling and other services.

Who pays for aids or services you may be entitled to receive? Colleges cannot require that you pay for them, and they can’t charge you more than non-disabled students. In most cases the college is responsible for aids or services, although colleges don’t have to pay for aids or services that are an undue financial burden on the college.

Finally, you should plan on initiating this process as soon as possible. Don’t wait until after you have struggled all semester in a class! These are proactive accommodations – the point is to help you as problems arise, not give you a pass afterwards. Ask for accommodations before you take the test, write the essay, or do the lab. Be your own advocate. We have encountered issues where colleges were not aware of the disability, no request for accommodations were made by the student, and now the student is facing academic probation or expulsion.

- Think about the following -

• Understand your disability. Be able to explain it clearly to others.

• Acknowledge your areas of strength as well as weakness. We all have them. Own them.

• Make sure you are prepared for the classes. If you are weak in math, take preparatory classes so that when you get to college you can succeed. Take the summer school program in your college. Community colleges are excellent places to take classes, get used to college, and still have a bit of a safety net. Columbus State Community College has excellent disability services. Call them.

• Learn time management and organizational skills. All college students need them, but disabled students often have to work harder and longer than the average student. Make sure that you work smarter, not just longer.

• Finally, do your research when considering colleges. Some colleges are better suited than others for your type of disability. Visit, ask questions, and look at the requirements for the program(s) you are interested in. Don’t waste your time and money in a program that is not a good fit.

If you feel that the college has discriminated against you because of your disability, work with the disability officer. If that doesn’t work, move higher up the chain of command. And if you need someone to advocate for you, contact Albeit Weiker, LLP. We understand higher education and disability law.   You may not be entitled to a free and appropriate college education, but you have legal rights as a student with a disability.

Questions? Call us! 614-745-2001

A Back-to-School Checklist for Parents with Kids in SpecEd

It’s a new year, with new teachers, new classmates, and new things to learn!  To help your child get off to a good start, here’s a to-do list for parents of children in special education:

1. Organize your paperwork.  

Keep a large three ring binder for each school year.  On each document, lightly pencil in the date you received it, especially if you got it in a school meeting.  Include tabs for the following sections:

• IEP (Individual Education Plan)

• ETR (Evaluation Team Report)

• Private reports (include speech, psychologists, physical therapist, medical reports, anything done outside the school)

• Progress reports (these will be issued by the school at least every 9 weeks, depending on your IEP), report cards

• Standardized tests, including district and state

• Communication between you and the school. Print out your emails! Some parents keep a notebook a fill it in whenever they communicate with the school. Be sure to include dates.

• Discipline and or behavioral documents

• Receipts for any private services you have paid for, including tutoring, therapy and evaluations

2.  Make the introductions.

Introduce yourself and your child to this year’s teachers and staff.  Your child’s IEP should move up with him or her, but a nice email explaining the issues and highlighting your child’s needs will help busy teachers more quickly understand and be ready to implement the IEP.

3.  Review your child’s IEP.

Has anything changed?  Are the goals still good?  What happened last year?  What happened over the summer?  Track your child’s progress (or lack of progress) and call an IEP meeting if you are concerned the services are not tailored to what your child needs.  As a member of the IEP team, you have the right to call an IEP meeting at any time.

4.  Check the dates for your child’s IEP and ETR.

An ETR is every three years, while the IEP must be updated annually.

5.  Talk to your child about the upcoming year.

Paint a picture of what his or her day will look like, including which teacher or aide they’ll have and where they will be in the school.  Listen to your child as the year progresses. Is he going to speech services weekly?  What happens during the inclusion program?  Does your older student understand the accommodations listed on the IEP or 504?  Can he or she self-advocate for them?

6.  Thank those busy teachers and staff!

For every problem, try to think of something that works well. You’ll get a much better response if you celebrate the good times instead of only focusing on the negatives.

Remember, unless it is written down it didn’t happen!  Keeping the above binder will make your job of advocating for your child much easier, and decrease stress in those difficult IEP meetings.  You are your child’s best advocate!

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.

The Intersection of Special Education & Social Security Eligibility

Meet Emmy (pictured). She is our Special Education Advocate. 

You can read more about her here: Emily Haynes 

Social Security Eligibility As a parent with a child receiving Social Security benefits, you are most likely aware that to be eligible for Supplemental Security Income (SSI), your child has “a physical or mental condition or a combination of conditions that results in “marked and severe functional limitations. This means that the condition(s) must very seriously limit your child’s activities.” Examples include: HIV infection; Total blindness; Total deafness; Cerebral palsy; Down syndrome; Muscular dystrophy; Severe intellectual disability (child age 7 or older); Low Birth weight

Social Security Benefits In addition to Supplemental Security Income (SSI), a child with disabilities as defined by the Social Security Administration may also be eligible for: Rehabilitation and training if older that age 15, Medicare/Medicaid, Children’s Health Insurance Program.

Special Education In addition to SSI, you may also be eligible for special education for your child. All children have the right to a free and appropriate public education (FAPE). Children with disabilities may need to be taught in a different way than typical children, and may not be able access that free and appropriate public education without support. There are two main Acts that protect children with disabilities: the Individuals with Disabilities Education Act (IDEA), and Section 504.

The Individuals with Disabilities Education Act (IDEA): Generally The Individuals with Disabilities Education Act (IDEA) may protect your child. IDEA provides federal assistance to State and local education agencies to guarantee special education and related services to eligible children with disabilities, ages 3-21. The goal of IDEA is to serve children with disabilities by meeting their “unique needs and prepare them for further education, employment, and independent living.”

The Individuals with Disabilities Education Act (IDEA): Eligibility An important part of the IDEA called Child Find requires schools to identify, locate and evaluate all children with disabilities, regardless of their situations, who have significant, individual needs and require intensive interventions through special education and related services.

In other words, your child must be found to meet all three factors:1. Have a disabling condition2. Have an adverse effect on education performance3. Need for special education

IDEA has 13 categories, and children must be identified in one of them to be eligible. These are: Autism, Blindness, Deafness, Emotional Disturbance, Hearing Impairment, Intellectual Disability, Multiple Disabilities, Orthopedic Impairment, Other Health Impaired, Specific Learning Disability, Speech or Language Impairment, Traumatic Brain Injury, Visual Impairment

The Individuals with Disabilities Education Act (IDEA): Benefits Parents can request that their child be evaluated, and schools must respond appropriately. Reevaluation of the child occurs every three years, and a knowledgeable team must conduct both the initial evaluation and all subsequent evaluations. Parents have the right to request an Independent Education Evaluation at public expense one time for every evaluation.

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. This plan is called an Individualized Education Program (IEP), and parents are valuable and contributing members of the IEP team. IEPs outline the strengths and weaknesses of the child, and set out goals for the child to work toward with specific instruction and accommodations. Parents must be updated at regular intervals with actual data showing progress towards those goals. Finally, IDEA provides important protections children with disabilities in the area of discipline, if the reason for the disruptive behavior is related to their disability.

Individuals with Disabilities Education Act (IDEA): Protections If you believe your child needs special education, or is receiving services but is not progressing, your IEP and/or Evaluation may not be adequate.

In 2015, the Federal government determined that Ohio “Needs Assistance” because of low scores in special education. Specifically, our percentage of children with disabilities who drop out of high school is dangerously low: 22%. Only 47% of children with disabilities graduate with a regular diploma. Both these measures suggest that special education in Ohio is not meeting the requirement to provide those children with a free and appropriate public education.

You have options under IDEA to raise questions, disagree with schools, and to ensure that your child’s individual needs are being met. These include notice, consent, available complaint procedures, mediation, and due process.

Section 504: Generally IDEA provides specialized special education to children with disabilities, but not all children are adversely affected by their disability. Section 504 is a civil rights law that prohibits discrimination on the basis of disability.

Section 504: Eligibility A similar Child Find is found in Section 504. It requires schools to evaluate any student “who, because of a handicap, needs or is believed to need special education and related services.” That handicap or impairment must substantially limit a major life activity, have a record of such impairment or be regarded as having such impairment. Major life activities include: Caring for one's self, Performing manual tasks, Walking, Seeing, Hearing, Speaking, Breathing, Learning, Working. Eating, Sleeping, Standing, Lifting, Bending, Reading, Concentrating, Thinking, Communicating, and finally, “major bodily functions” that are major life activities.

Section 504: Benefits Section 504 generally provides accommodations to children with disabilities. For example, a child with a severe peanut allergy would be protected under a 504 plan, as would a child with ADHD who needs movement breaks during testing. Because 504 targets nondiscrimination, a 504 plan delineates reasonable accommodations and services so that education, nonacademic and extracurricular services are provided with non-disabled students to the maximum extent appropriate for the child with the disability. These activities may include counseling, athletics, transportation, health services, and special interests groups or clubs.

Section 504: Protections The Office of Civil Rights regulates a 504 plan. Procedures available to parents are notice, grievance procedures and due process hearings. Discipline of children under a 504 is also protected, although not to the same extent of children under IEPs .

Questions? Call us! 614.745.2001