Ohio School LawAttorney Evan T. Engler helps clients across Ohio with their school law related issues, such as college disciplinary and code of conduct issues, public school disciplinary issues such as suspension or expulsion proceedings, special needs and IEP issues and grievances, teacher and other school personnel representation, and employment contract issues.
School Disciplinary Proceeding RightsEven though children and college students are subject to their school's code of student conduct or student handbook, they are still afforded at least some degree of constitutional due process rights. In the school discipline process, a student's due process rights are somewhat of a "light" version of the kind of due process rights they would be afforded in any other context. In general, for serious disciplinary matters the students have the right to notice and an opportunity to be heard. The disciplinary process and the rights of students is a bit different depending on whether the student is in grade school or university.
For high school, middle school, and elementary school students, Ohio Revised Code section 3313.66 governs the process for suspension, expulsion, or permanent exclusion of the student. In Ohio, a suspension is a student's removal from ordinary curricular activities for up to, but not more than ten (10) days. An expulsion is a student's removal from the school curriculum from a period in excess of ten (10) days. The notice and due process rights of the student vary depending on whether the proposed disciplinary action is a suspension or expulsion, and whether it is an in-school suspension or out-of-school suspension. If your child is subject to school disciplinary proceedings and you have questions about your rights or you would like representation throughout the process, or if you would like to appeal the adverse decision, then you can contact attorney Evan T. Engler at (614) 610-9988 in order to discuss your options.
For university students, the student Code of Conduct governs the disciplinary and appeals process. The Code of Conduct is different between each university, but in general they must afford the student some due process rights such as notice and the opportunity to be heard. University disciplinary actions against students have a wide potential range of possibilities, from informal reprimand, to a probationary period with certain conditions, to temporary suspension, to the most severe discipline of dismissal from the university. Attorney Evan T. Engler has represented students through all stages of the university discipline process.
Students with DisabilitiesSchools are regulated by both federal and state law when it comes to exceptional children. The federal law Individuals with Disabilities Improvement Act of 2004 (IDEA) provides a number of requirements for school districts, such as the requirement to provide Free Appropriate Public Education (FAPE) to every eligible child located within the school district's jurisdiction. Part of this means providing transportation for those children and part requires an Individualized Education Program (IEP) for the child. If you are unable to resolve a dispute with your school district about their provision of Free Appropriate Public Education, transportation, or the implementation of your child's IEP, then you have the right to an attorney to help you to try to satisfactorily resolve your issue.
Teacher and Administrative Personnel RepresentationTeacher, non-teaching personnel, and administrative employment with a school district is governed by statute and controlled by contract. In short, this generally means that school employees have more protections in place than employees in the private sector.
Teachers and nonteaching employees are hired with a limited contract first, and then in a continuing contract. These contracts and other Ohio regulations afford certain protections with regard to pay, notice of pay, and any disciplinary proceedings. If you are a teacher or other school employee and have an issue with pay, demotion, suspension, or other discipline, then you should consult with an attorney familiar with Ohio education law. There is nothing more important than your ability to make a living and issues of pay or disciplinary proceeds should be dealt with promptly and carefully.