Education Law: Your guide to IEPs, Title IX, privacy laws, and technology in schools

Rachel M. Reight
Aimee Rankin Zundel
Dana A. Johnson
Keith Altman
Linell Lukesh
Rachel M. Reight | Baasten-McKinley & Co LPA
Aimee Rankin Zundel | Zundel Law
Dana A. Johnson | Dana A. Johnson, LLC
Keith Altman | K Altman Law
Linell Lukesh | Sereni Law Group, LLC
On-Demand: September 18, 2024
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Program Summary

Session I - Navigating the Legal Landscape of Education: Key legislation and governmental interactions - Rachel M. Reight

In this session, Rachel M. Reight will provide an in-depth analysis of the essential legislation shaping the current educational landscape. Attendees will gain a comprehensive understanding of the interplay between federal and state laws, and how these interactions influence educational policy and practice. This session will equip education professionals with the knowledge needed to navigate the complex legal environment, ensuring compliance and advocating effectively within their roles.

Key topics to be discussed:

  • Federal Education Legislation: Understanding the foundational federal laws, such as Every Student Succeeds Act (ESSA), Family Educational Rights and Privacy Act (FERPA), Protection of Pupil Rights Amendment (PPRA) and the U.S. Department of Education
  • State Laws: States via its State Board of Education maintain and operate public schools, establish public school curricula, regulate teaching methods and instructional materials, and set standards for teacher qualifications. There will also be a review of the Public Records Act laws
  • State vs. Federal Authority in Education: Examining the balance of power between state governments and the federal government, and how these dynamic shapes educational policy and administration

Session II - Special Education Law Demystified - Aimee Rankin Zundel

Special education law’s central theme is the provision of services that meet a student’s unique needs. This session will review the laws, regulations, and case law that guide practitioners in this area. The differences between the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act will be analyzed. The session will also dive into a review of student rights and school responsibilities, with a particular look at evaluation and reevaluation requirements, Individualized Education Program (IEP) and 504 plan requirements, and procedural safeguards.

Key topics to be discussed:

  • IDEA and section 504 explained
  • Student rights and school responsibilities
  • Evaluations & reevaluations
  • IEP and section 504 plan content

Session III - Individualized Education Programs (IEPs) - Dana Jonson

This session focuses on creating legally defensible IEPs that meet the requirements of the Individuals with Disabilities Education Act (IDEA). The session comprehensively covers the definition, purpose, and legal framework of IEPs, emphasizing the collaborative process involving parents, educators, and other professionals to ensure each student with a disability receives a Free Appropriate Public Education (FAPE) in the least restrictive environment (LRE). Key legal precedents, such as Board of Education v. Rowley (1982) and Endrew F. v. Douglas County School District (2017), are discussed to highlight standards for educational benefits and measurable goals. The session delves into essential components of IEPs, including Present Levels of Academic Achievement and Functional Performance (PLAAFP), measurable annual goals, special education services, and transition planning for post-secondary life. Practical strategies for developing, implementing, and ensuring legal compliance with IEPs, along with insights from case studies and best practices, are provided.

Key topics to be discussed:

  • Definition and purpose of IEPs
  • Legal framework and requirements under IDEA
  • Components of a legally defensible IEP
  • Developing and implementing effective IEPs

Session IV - The Evolution and Future Direction of Title IX - Keith Altman

The presentation on Title IX will provide a comprehensive outline of this significant federal law, which prohibits sex discrimination in education programs and activities that receive federal financial assistance. It will cover the definition and history of Title IX, highlighting its impact on creating gender-equitable schools. The presentation will also delve into notable Title IX cases, such as Doe vs. University of Illinois and Franklin v. Gwinnett County Public Schools, which have shaped the interpretation and enforcement of the law. Additionally, it will discuss the current state of Title IX, including the standards for violations and the grievance process, as well as the proposed changes to the regulations in 2024, which aim to expand the scope of prohibited sex discrimination and redefine key terms.

Key topics to be discussed:

  • Outline to Title IX: This section covers the definition and history of Title IX, including its significance and impact on education programs
  • Title IX Cases: This part discusses notable cases such as Doe vs. University of Illinois (1980), Cannon v. University of Chicago (1979), Franklin v. Gwinnett County Public Schools (1992), Gebser v. Lago Vista Independent School District (1998), and Davis v. Monroe County Board of Education (1999)
  • Current State of Title IX: This section explains the current regulations and standards for Title IX violations, including the definition of sexual harassment and the grievance process
  • 2024 Proposed Changes: This part outlines the proposed changes to Title IX regulations, including the expanded definition of sex-based harassment, the application of Title IX processes, and the new standards for "actual knowledge" and "deliberate indifference"

Session V - Privacy Laws and Impact on Technology in Schools – Linell Lukesh

A crucial aspect of our educational system is privacy laws. Protecting students' sensitive information is not just a legal requirement but also a fundamental aspect of creating a safe and trustworthy learning environment. Today, we will explore key privacy laws, including FERPA, PPRA, COPPA, and HIPAA, and understand their impact on schools and educational institutions on using technology devices and AI in schools.

Key topics to be discussed:

  • The importance of privacy laws in education
  • Key privacy laws: FERPA, PPRA, COPPA, and HIPAA
  • Impact of privacy laws on schools and educational institutions
  • Privacy challenges with technology and AI in schools

Closed-captioning available

Speakers

Rachel M. Reight_myLawCLERachel M. Reight | Baasten-McKinley & Co LPA

Rachel Reight is a managing partner with Baasten, McKinley & Co., L.P.A. Ms. Reight practices in the areas of labor and employment law, focusing specifically on education law and the representation of public employees. Her practice includes administrative law, representing clients before the State Employment Relations Board, the Ohio State Board of Education, and the Ohio Bureau of Workers Compensation/Industrial Commission. She regularly represents clients in children’s services investigations and police investigations. Her practice also includes litigation of labor and employment cases in the State and Federal Courts. Ms. Reight is a member of the Ohio State Bar Association, Labor and Employment Law Section, actively participating in the Public Sector and Basics of Labor and Employment Law Subcommittees. Ms. Reight is a frequent speaker at workshops for public educators, school employees, and county developmental disabilities board employees in Cuyahoga, Lorain, Stark, and Summit counties. She volunteers her time as a Volunteer Judicial Panelist for the high school Mock Trial Competitions hosted by the Ohio Center for Law-Related Education and the Cleveland Metropolitan Bar Association. She is also a Volunteer Judicial Panelist for the American Mock Trial Association Cleveland Regional Undergraduate mock trial competition. In 2017 and 2018, Ohio Super Lawyers selected Ms. Reight for its list of Rising Stars. Ms. Reight is an Ohio State Bar Association Certified Specialist in Labor and Employment Law. Ms. Reight received her B.A. degree from The Ohio State University and earned her J.D. degree from the University of Toledo College of Law.

 

Aimee Rankin Zundel_myLawCLEAimee Rankin Zundel | Zundel Law

Aimee Rankin Zundel has devoted her entire career to the practice of education law. She founded Zundel Law in 2022. Prior to opening her own practice, Aimee was a Partner at Weiss Burkardt Kramer, a leading Pittsburgh firm representing public school district clients. Throughout her time as a legal advocate, Aimee has used the same collaborative, student-centered approach she is known for. Aimee has represented clients at all levels of state and federal court, as well as administrative agencies such as the Pennsylvania Office for Dispute Resolution, Office for Civil Rights and Pennsylvania Human Relations Commission. Aimee has expertly handled special education cases, student discipline matters, employment matters, and Title IX investigations. Aimee graduated, magna cum laude, from the University of Mount Union with a B.A. in Sociology. She obtained her law degree from The University of Pittsburgh in 2008, where she participated as Senior Research Editor for The University of Pittsburgh Law Review. Aimee was named a Super Lawyer Rising Star for 2020-2022, and proudly serves as Vice Chair of the PBA Exceptional Children’s Committee.

 

Dana A. Johnson_myLawCLEDana A. Johnson | Dana A. Johnson, LLC

Dana Jonson is a dedicated Civil Rights attorney based in Connecticut. As a special education attorney, her private practice is devoted to championing the civil and legal rights of children with disabilities, advocating for them in every step of the special education process, from IEP meetings to litigation. In addition, Dana conducts workshops for parents and educators alike, equipping them with the knowledge to understand their rights and responsibilities within this sphere. Dana has been admitted to the Connecticut State and Federal Bar and the United States Supreme Court. Her personal experience as a mother to five children with various special education needs and as a foster parent to many more adds a profound layer of empathy and understanding to her professional pursuits.

Having graduated from Northeastern University School of Law, Dana brings a rich educational background and an invaluable insider perspective on special education to her practice. Before her legal career, she served as a special education teacher and administrator in Boston, holding a K-12 certification in Intensive Special Needs. Moreover, her educational journey includes a JD from the Northeastern School of Law, a Master of Science in Education from Simmons College, focusing on Intensive Special Needs, and a Bachelor of Science degree in Psychology from Fairfield University, focusing on Developmental Psychology.

 

Keith Altman_myLawCLEKeith Altman | K Altman Law

Keith Altman is the founder of K Altman Law, a national law firm that specializes in student defense and complex litigation matters. He is admitted to federal courts in California, Michigan, Maryland, as well as the U.S. Court of Appeals and the United States Supreme Court.

Mr. Altman is a member of the Sedona Conference, Working Group 1 (electronic discovery). He is the co-chair and founder of the American Association of Justice Electronic Discovery Litigation Group. He has appeared before the Federal Rules Committee on many relevant issues pertaining to the Federal Bar Association. Mr. Altman is a forensic data analysis expert. He is also experienced in matters of pharmacovigilance and safety surveillance in the United States and Canada.

 

Linell Lukesh_myLawCLELinell Lukesh | Sereni Law Group, LLC

Linell is an experienced litigator who has represented her clients in a wide variety of complex matters. She has extensive experience representing school districts in special education matters, including counselling on compliance with the Individuals with Disabilities in Education Act, section 504 of the rehabilitation act of 1973, and chapters 14, 15 and 16 of the Pennsylvania school code, and litigating administrative and federal special education matters from inception through resolution in administrative hearings through appeals in federal courts. Linell represents school districts in due process hearings regularly with success. Linell also provides risk management advice to school districts and municipalities in Pennsylvania on a variety of employment and general liability claims. In addition to her expansive school law practice, Linell serves as solicitor to West Wyoming borough and represents nonprofit organizations on a wide variety of matters including formation, compliance and corporate governance issues.

Agenda

Session I – Navigating the Legal Landscape of Education: Key legislation and governmental interactions | 10:00am – 11:00am

  • Federal Education Legislation: Understanding the foundational federal laws, such as Every Student Succeeds Act (ESSA), Family Educational Rights and Privacy Act (FERPA), Protection of Pupil Rights Amendment (PPRA) and the U.S. Department of Education
  • State Laws: States via its State Board of Education maintain and operate public schools, establish public school curricula, regulate teaching methods and instructional materials, and set standards for teacher qualifications. There will also be a review of the Public Records Act laws
  • State vs. Federal Authority in Education: Examining the balance of power between state governments and the federal government, and how these dynamic shapes educational policy and administration

Break | 11:00am – 11:10am

Session II – Special Education Law Demystified | 11:10am – 12:10pm

  • IDEA and section 504 explained
  • Student rights and school responsibilities
  • Evaluations & reevaluations
  • IEP and section 504 plan content

Break | 12:10pm – 12:20pm

Session III – Individualized Education Programs (IEPs) | 12:20pm – 1:20pm

  • Definition and purpose of IEPs
  • Legal framework and requirements under IDEA
  • Components of a legally defensible IEP
  • Developing and implementing effective IEPs

Break | 1:20pm – 1:30pm

Session IV – The Evolution and Future Direction of Title IX | 1:30pm – 2:30pm

  • Outline to Title IX: This section covers the definition and history of Title IX, including its significance and impact on education programs
  • Title IX Cases: This part discusses notable cases such as Doe vs. University of Illinois (1980), Cannon v. University of Chicago (1979), Franklin v. Gwinnett County Public Schools (1992), Gebser v. Lago Vista Independent School District (1998), and Davis v. Monroe County Board of Education (1999)
  • Current State of Title IX: This section explains the current regulations and standards for Title IX violations, including the definition of sexual harassment and the grievance process
  • 2024 Proposed Changes: This part outlines the proposed changes to Title IX regulations, including the expanded definition of sex-based harassment, the application of Title IX processes, and the new standards for “actual knowledge” and “deliberate indifference”

Break | 2:30pm – 2:40pm

Session V – Future Frontiers in School Law | 2:40pm – 3:40pm

  • The importance of privacy laws in education
  • Key privacy laws: FERPA, PPRA, COPPA, and HIPAA
  • Impact of privacy laws on schools and educational institutions
  • Privacy challenges with technology and AI in schools

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