Education Law

Greene County – Montgomery County – Franklin County – Summit County Attorneys

Education law is governed by state and federal statutes and agencies charged with educating our children. The U.S Department of Education is the executive department of the federal government responsible for advising on educational plans and policies and administration of the department.
Within the Dept. of Education are offices of:

  • Elementary and secondary education
  • Postsecondary education
  • Special education and rehabilitative services
  • Bilingual education and minority languages
  • Vocational and adult education
  • Civil rights
  • Educational research and improvement

The states and local subdivisions are primarily responsible for operating the nation's public school system. Many state constitutions make the public schools a responsibility of the state or local government. Each state develops, maintains, and operates its own school system within its own state boundaries.

For children with disabilities special education is available. The Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.) establishes a process for evaluating a child's special needs and for providing an individualized education program. Under the Act, parents and families of special education children have specific rights such as the right to inspect the child's school records.

One such distinction of Ohio is that it passed the Individual with Disabilities Education Act in 2004 and then updated it again in August of 2008. The Ohio Department of Education offers an Ohio Alternate Assessment for Students with Disabilities Fact Sheet and further information can be found on the Ohio Department of Education website.

Education Articles

Student Privacy Rights in the Wake of the Virginia Tech Shootings

The Family Educational Rights and Privacy Act (FERPA); is Federal law that protects the privacy of student education records. The law applies to all schools that receive funds from the U.S. Department of Education. FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. (click here to continue reading in pdf)

   

MySpace or Our Space: Cyber-bullying, A Serious Problem Facing Schools

Two fourteen year old 8th grade students at Blue Mountain Middle School created an imposter profile on MySpace.com from their home computer during non-school hours.   The profile was of the middle school principal and indicated that he was a pedophile and sex addict.  Additionally, the profile included the principal’s picture, which had been taken from the school district’s website. (click here to continue reading in pdf)

   

Amendments to the Americans with Disabilities Act Broaden the Scope of the Law’s Protection

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA’s nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules. (click here to continue reading in pdf)

   

Free Appropriate Public Education (“FAPE”)

The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 subject to a few limitations mandate that children with disabilities receive a free appropriate public education (“FAPE”). According to the IDEA, FAPE means “special education and related services that—

  • have been provided at public expense, under public supervision and direction, and without charge;
  • meet the standards of the State educational agency;
  • include an appropriate preschool, elementary, or secondary school education in the State involved; and
  • are provided in conformity with the individualized education program required under [IDEA].” 20 U.S.C. 1401(8) (click here to continue reading in pdf)
   

Laws That Protect Children With Disabilities

Contrary to popular belief, the U.S. Constitution does not provide for a right to a public education for any child. States that choose to provide educational opportunities to children may not exclude or arbitrarily children with disabilities. Many laws protect children with disabilities. They include:

  • Americans with Disabilities Act (“ADA”);
  • Section 504 of the Rehabilitation Act (“Section 504”); and
  • Individuals with Disabilities Education Act (“IDEA”). (click here to continue reading in pdf)
   

Ohio Three-Step Plan To Stopping Bullying

Since Columbine, bullying has received national attention. Bullying takes place everyday in schools throughout the country. Learning that their children are being bullied can devastate parents. Feelings of bewilderment, fright, sadness, guilt, anger, and helplessness result. While parents must deal with these feelings, they must also deal with changing the situation. (click here to continue reading in pdf)