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Grade Appeals: 5 Tips for Appealing a Bad Grade

December can be an exciting time for a college student. Exams are over and you can breathe knowing that you are out of school for a few weeks. But for some students, this time can be particularly stressful for one reason…grades. If you are unhappy with an assignment grade, exam grade, or overall course grade, you have options to address it. Below are 5 tips to keep in mind when appealing a grade, for both undergraduate and graduate students.

  • Locate and review your school’s grade appeal policy. Regardless of the college or university you attend, they will have a written document outlining all of their academic policies and procedures. You can typically find these policies in your school’s Student Handbook. If you are a typical college student, you are probably not going to have a hard copy of the school’s policies sitting on your desk in your dorm room. However, a quick search on your college’s website should bring you right to it. It is important to note that while some schools refer to this specific policy as a Grade Appeal, others include this process as part of their general Academic Grievance policy. Lastly, your university may have slightly different Grade Appeal policies depending on your specific program. Be sure to locate the Grade Appeal policy that applies to your department.

  • Pay attention to deadlines. This may seem like an obvious tip, but it is an important one. If you do not submit your Grade Appeal on time, you have likely lost your opportunity. Every college and university has a different timeframe for when a student must submit their Grade Appeal, and these deadlines can differ considerably. For example, Professional Skills Institute requires students to submit their appeal within five (5) days of receiving the grade. Capital University’s policy states that students must initiate the appeal procedure within eight (8) weeks of the grade being posted. In stark contrast, The Ohio State University requires a student to initiate the process before the end of the second succeeding semester. Because these deadlines range from a few days to several weeks after receiving the grade, it is important that as soon as you receive the grade that you want to appeal, identify those deadlines and submit your appeal within that timeframe.

  • Be specific and include as much information as possible. When you are drafting your grade appeal, you will want to give a detailed explanation as to how your grade is incorrect. Maybe you and a partner worked on an assignment together, had the same answers, yet your partner received a higher grade. Maybe an assignment was recorded as not being turned in, yet you received feedback on it. Maybe certain exam questions were marked incorrect when they were, in fact, the right answer. Describe the assignment at issue and include why you should have received a different grade. The more detail and information you can provide, the better. Of course, be sure to submit your appeal to the person identified in the Grade Appeal policy.

  • Be patient but do not be afraid to follow up. Once you submit your grade appeal, the hardest part begins…waiting. You may be asking, “how long do I have to wait before I hear back?” As you can guess, that depends on the school. Some colleges and universities require faculty to respond within a certain timeframe. For example, Professional Skills Institute requires the Campus Director to respond within five (5) days of receiving the appeal. However, many schools, including The Ohio State University, Capital University, and University of Toledo do not require faculty to respond to appeals within a specific time period. In that case, you may not receive a response for several weeks. This can be very stressful for students, especially if your status as a student depends on the outcome of the appeal. It is always beneficial to try to remain patient throughout this process. However, following up with the University every once in awhile can help ensure that your appeal has not fallen through the cracks.

  • Appeal again. When you do finally receive a response from the college, you may not be happy with the result. In that instance, be sure to review your school’s Grade Appeal policy again. Many schools have policies that contain multiple steps in the appeal process. Capital University has four stages where students can attempt to address their grade first with the faculty member individually, second with the faculty member in a mediation, third with a committee, and lastly to the Provost. The University of Toledo has a five-stage appeal process, and The Ohio State University has a three-stage appeal process.

Please note that these various stages do not occur automatically if a student’s appeal is initially denied. Rather, the student must initiate the process at each and every stage. Students should also be sure to pay close attention to the deadlines at each stage of the appeal. While some universities do not require faculty to respond to a student’s appeal within a certain timeframe, they often require a student to then initiate the next stage in the process within a certain amount of days. Similar to the initial step, if you are past the deadline, you have likely lost your chance to take your Grade Appeal to the next stage.

Take advantage of your school’s multi-step appeal process if it exists. Students often feel defeated after their appeal is denied at the first stage. However, if the school has a multi-stage appeal process, you have the right to utilize that process. It does not hurt you to appeal your grade at every level. Rather, when your appeal is reviewed by different faculty members, it can result in a different outcome. Always be sure to appeal!

Written by Jessica Moore, Esq. at Abdnour Weiker, LLP

Questions or need advice? Call us: 614-745-2001

Making the Most of Progress Reports for Special Education Students & Families

It’s that time of year again…the end of the grading period. As many of us know, having lived through it, students receive report cards with their grades at the end of each marking period (typically at the end of each quarter of the school year). At the same time, special education students will be receiving their individualized education plan (“IEP”) progress reports, as these reports must be distributed any time a grade card or interim is issued.  IEP progress reports measure student progress towards meeting their IEP goals. For many parents of students with special needs, receiving their child’s first progress report of the school year can be daunting. Not only is there a lot of information to digest, but the traditional anxiety of wondering whether your child is making progress in their education adds in to create a stressful experience.

Progress reports can be difficult to digest because there is a great deal of information provided within just a few pages. However, each piece of information is important in understanding your child’s success in their educational placement. Progress reports must contain the child’s annual goals, each goal’s objectives, and a summary of the measurable data used to access the student’s progress. Progress, in the form of measurable data, must be reported on each separate objective. For the most accurate representation of the student’s abilities, there should be at least three points of data for each objective. These data points may be called “inventories” on your progress report and tell the parent how the child has performed this marking period. The data point marked as “baseline” indicates where the student started. It is imperative that the child’s baseline data be provided in the progress reports in order to appropriately gauge the student’s progression and/or regression. From there, a parent or guardian can compare the student’s baseline data to their current data to evaluate their progress. It is important to remember to ensure that the measurement being used to monitor the student’s progress is the same measurement that is written in the IEP.

Progress reports must also include comments from the intervention specialist and/or related service provider collecting the data, and a description of the child’s progress toward meeting each goal in measurable terms and in clear, concise language. The comments from the intervention specialist should include the number of times your child was assessed and the manner in which your child was assessed, such as the time of day they were assessed and whether they were assessed in a one-on-one or small group setting. Any specific issues that may have impeded the student’s progress, such as excessive absences or refusal to participate, should be noted in the progress report as well. It is typical to see more information under each objective rather than under the annual goal itself; this is because the student is working toward meeting each objective in order to reach the overall goal. All of this information is provided to the parent in order for the parent to determine whether their child is making adequate progress in their education.

What is adequate progress, anyway? Well, it is unique to each student, given that each student’s IEP goals should be specifically tailored to the child. However, we can utilize the baseline, inventory, and target data to evaluate the student’s performance. For example, a student’s goal may be to decrease time spent demonstrating unexpected negative behaviors for less than fifteen minutes a day. That student may have had a baseline of demonstrating unexpected negative behaviors for 45 minutes a day. We can look at the inventories of measurable data to determine whether the student’s time spent demonstrating unexpected negative behaviors have decreased. At the end of the school year, the student is demonstrating unexpected negative behaviors for 20 minutes each day. The student did not meet their goal but was able to decrease their time by a significant amount, which is considered adequate progress. On the other hand, if that student was demonstrating behaviors for 70 minutes a day at the end of the school year, a movement from the baseline further away from the target, the data is showing regression. Parents should look at their child’s progress on each objective, as well as the overall goal, to determine whether their child is making appropriate progress.

What are the next steps that a parent can take after receiving an unfavorable progress report? Parents always have the right to call an IEP meeting at any time during the school year. If the student is not making adequate progress toward their goals, parents can use the data provided by the school to write new, more appropriate goals for the student. The Individuals with Disability Education Act (IDEA) states that the school must revise an IEP to “address any lack of expected progress toward annual goals.” Alternatively, if the student has regressed, parents can use this data to advocate for extended school year (ESY) services to combat regression of skills.

Although progress reporting periods can be a stressful time for families with students with special needs, parents can be assured that the flexible nature of an IEP will allow them to make necessary adjustments at any time. As a parent, advocating with our emotions can lead to further disputes with the school. However, advocating for your child with solid data can open the door to endless possibilities for appropriate special education services.

Written by Renee Stromski, Esq. of Abdnour Weiker, LLP

Questions? Call us! 614-745-2001

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 meetingmediation 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. 

ESY (Extended School Year) Services Denied by School?

ESY (Extended School Year) Services Denied by School?

What do you do when the school district denies your child with a disability extended school year (ESY) services?

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