In Ohio, navigating the complexities of education law can be daunting for families and students. The Lento Law Firm Education Law Team provides crucial support in addressing a wide range of educational challenges. From special education and disability rights to bullying, discrimination, and student rights, the firm's experience and knowledge ensure that every student in Ohio receives a fair and equitable education.
If you or someone you know is having a tough time receiving a fair and equitable education from their Ohio school, contact the Lento Law Firm Education Law Team today for help at 888-535-3686 or schedule a consultation online.
Special Education & Disability Rights
Ohio's special education system is governed by federal laws such as the Individuals with Disabilities Education Act (IDEA) and state regulations like the Ohio Operating Standards for the Education of Children with Disabilities. These laws require schools to provide a Free Appropriate Public Education (FAPE) to students with disabilities, ensuring they receive the specialized services and instruction they need to succeed academically and socially.
The Ohio Operating Standards for the Education of Children with Disabilities outline specific requirements for educational agencies in Ohio, including requiring that:
- Educational agencies adopt written policies and procedures regarding the education of children with disabilities. They can choose to use the Special Education Model Policies and Procedures developed by the Ohio Department of Education and Workforce or develop their own.
- Ohio has set a threshold for identifying racial disparities in special education, focusing on reducing the overrepresentation of certain racial groups in special education programs.
In 2025, Ohio implemented significant changes to its procedural safeguards rule, which affects how educational agencies handle special education services. These changes include expanding the responsibilities of entities such as Educational Service Centers (ESCs) and Joint Vocational Schools (JVS) to provide procedural safeguards and protections for students with disabilities. This shift means that families may now be able to name these entities as parties in due process complaints, potentially altering the landscape of special education litigation in Ohio.
Under this new rule, the key procedural safeguards include:
- Parent Consent: Obtaining consent for initial evaluations, reevaluations, initial services, and changes in placement.
- Notice of Transfer of Parental Rights: Issuing notices when students reach the age of majority.
- Appointment of Surrogates: Educational agencies may appoint surrogates if requested by the district of residence.
- Independent Educational Evaluations: Providing evaluations at public expense if requested by parents or filing due process if the entity contests the request.
- Prior Written Notice: Issuing notices to parents regarding changes in services or placements.
- Mediation Participation: Participating in mediation to resolve disputes.
- Due Process Complaints: Being named as a party in state and due process complaints.
Families in Ohio can advocate for their children's special education needs by understanding these laws and regulations. The Lento Law Firm Education Law Team will provide critical support in navigating these complex systems, ensuring that students receive the accommodations and services they are entitled to under Ohio and federal law.
Individualized Education Programs & 504 Plans
Individualized Education Programs (IEPs) and Section 504 Plans are essential tools in providing accommodations and services for students with disabilities. IEPs are developed for students eligible under the IDEA, while Section 504 Plans apply to students with disabilities who may not qualify for special education services but still require accommodations to access education.
In Ohio, the process for developing an IEP involves several steps, including:
- Requesting an evaluation: Parents must submit a written request to initiate the evaluation process. This request should be sent via email or certified mail to ensure there is proof that the school received it.
- Evaluation consent: The school district must respond to the request within 30 days. If they suspect the student may have a disability, they will initiate the evaluation process.
- Evaluation: The district must complete the evaluation within 60 days of receiving consent for the process.
- Determining eligibility: After the evaluation, the school will hold a meeting to determine if the student is eligible for an IEP.
- Developing the IEP: If the student is eligible for an IEP, the IEP must be developed within 30 days of the initial meeting.
For Section 504 Plans, the process involves:
- Referral for an evaluation: This referral can be initiated by a parent, guardian, teacher, other certified school employee, any other concerned adult, or the student if they are over 18 years old. It must be made in writing, and parents must be given a copy of the referral to the Section 504 Notice of Procedural Safeguards.
- Obtaining Parental Consent: Once the referral is made, the school district must obtain written consent from the parent to conduct the evaluation. If a parent refuses to consent, the district may not proceed with the evaluation unless it seeks a due process hearing to override the refusal.
- Evaluation Process: The evaluation is conducted by a Section 504 Team, which includes individuals knowledgeable about the student, the meaning of evaluation data, and placement options. This team may include the principal, teachers, school nurse, guidance counselor, and psychologist. The evaluation draws upon information from various sources, such as school records, medical records, and teacher observations. The process should be completed within 30 school days of receiving parental consent unless an extension is necessary.
- Eligibility Determination: After the evaluation, the Section 504 Team determines whether the student is eligible for a Section 504 Plan. This decision must be made based on whether the student has a disability that substantially limits one or more major life activities, such as learning, self-care, or communication. The eligibility determination must be documented in writing, and parents should be given the opportunity to provide input.
- Developing the Section 504 Plan: If the student is found eligible, the Section 504 Team works with parents to develop a Section 504 Plan. This plan outlines the specific accommodations and services needed to ensure the student receives a FAPE and equal access to educational opportunities. The plan should specify how services will be provided and by whom.
- Review and Reevaluation: The Section 504 Plan should be reviewed annually to ensure it remains effective and meets the student's changing needs. Reevaluations are typically conducted every three years but may occur more frequently if necessary.
It is important to familiarize yourself with Ohio's Section 504 procedures and your rights as a parent, including the right to mediation or due process hearings if disagreements arise. Working with a skilled Education Law Team throughout this process will ensure your student gets the accommodations necessary to thrive in school.
Discipline & Expulsions
According to Ohio education law, disciplinary actions and expulsions must follow specific laws and procedures. For instance, suspensions can only last up to 10 days, while expulsions can exclude students for up to 80 school days. However, recent reports show there is a rise in suspensions and expulsions, disproportionately affecting economically disadvantaged students and those with disabilities.
The Lento Law Firm Education Law Team can provide critical support in these situations by advocating for your child's rights during disciplinary hearings and ensuring their school follows due process. Further, they can help families understand their rights, navigate the appeal process, and negotiate with school districts to minimize the impact of disciplinary actions on your child's record.
In addition, for students with disabilities, the Lento Law Firm can ensure that disciplinary actions comply with federal and Ohio state laws, like the IDEA, to prevent unfair treatment. As such, working with an education lawyer the moment you know of an accusation against your child will ensure the best possible outcome for their case.
Bullying & Harassment
Bullying and harassment are significant concerns in Ohio schools, affecting students' well-being and academic performance. Ohio law defines bullying as any intentional act that causes mental or physical harm and creates an intimidating educational environment. Each school district must have policies prohibiting harassment, intimidation, and bullying, with procedures for reporting and investigating incidents.
Additionally, while Ohio does not have specific statutes addressing cyberbullying, schools are required to include electronic forms of bullying in their anti-bullying policies. However, cyberbullying can be addressed under Ohio's telecommunications harassment statute, which prohibits sending messages with the intent to harass or intimidate.
Parents play a crucial role in addressing bullying by understanding local policies and reporting incidents to school administrators. Schools are required to document incidents, notify parents, and implement strategies to protect victims and address bullying behavior.
Discrimination Cases
Discrimination based on race, gender, or disability is a serious issue in Ohio schools. Federal and state laws, including Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, prohibit discrimination based on race, color, national origin, sex, and disability. The Lento Law Firm Education Law Team plays a crucial role in addressing these issues, ensuring that schools comply with anti-discrimination laws.
There are a number of types of discrimination cases in Ohio, including:
- Racial Discrimination: Racial disparities in discipline and academic opportunities are prevalent in Ohio schools. For instance, Black students with disabilities often face more severe discipline compared to their White peers, highlighting the need for vigilant advocacy to address these inequities.
- Gender Discrimination: Gender-based discrimination can manifest in various forms, such as unequal access to sports or educational programs.
- Disability Discrimination: Students with disabilities may face discrimination if schools fail to provide adequate accommodations or services. This can include denial of equal access to educational resources or programs, which is prohibited under the IDEA.
Given that there are so many ways to discriminate against students, the federal government has created legal frameworks to protect students.
- Title VI: Prohibits discrimination based on race, color, or national origin in programs or activities receiving federal financial assistance.
- Title IX: Prohibits sex-based discrimination in educational programs or activities receiving federal funding. This includes ensuring equal opportunities in sports and protecting against sexual harassment.
- IDEA: Mandates that students with disabilities receive a FAPE, ensuring equal access to education (as explained above).
Addressing discrimination in Ohio schools requires a comprehensive approach that involves understanding legal frameworks, advocating for policy changes, and seeking legal support. The Lento Law Firm Education Law Team works tirelessly to combat such injustices to protect student rights and ensure schools comply with anti-discrimination laws.
Student Rights & Free Speech
Protecting students' First Amendment rights is essential in Ohio schools. Students have the right to express themselves, but schools can limit speech that causes substantial disruptions or is obscene. In Ohio, laws and court cases have shaped the balance between free speech and school safety.
For example, the Ohio House passed House Bill 214 to promote free speech in public schools, ensuring that students and educators are protected from ideological pressures. However, proposed legislation like the Advance Ohio Higher Education Act aims to promote intellectual diversity on college campuses, which some argue could chill free speech.
In a recent case, the ACLU of Ohio filed an amicus brief arguing that school policies should protect free speech while preventing harassment, highlighting the delicate balance between these rights.
How the Lento Law Firm Education Law Team Can Help
Ohio's special education system is designed to provide widespread support to students with disabilities. However, recent changes and ongoing legal challenges highlight the need for vigilant advocacy to protect these rights. By understanding Ohio's laws and regulations, families can better navigate the special education system and ensure their children receive a fair and equitable education.
While practical steps, like understanding your student's rights under the Ohio Operating Standards and federal laws like IDEA and Section 504, developing a strong IEP or 504 plan, and monitoring your child's progress sound simple, it can be difficult to take on these procedures alone. Working with an Education lawyer from the moment you learn of your child's needs will ensure you have guidance and support prior to encountering any challenges or disputes, making the process a whole lot easier to navigate.
Call the Lento Law Firm today at 888-535-3686 or schedule a consultation online. Our premier Education Law Team can help.
