Overview

Kathy focuses her practice on special education law, school law, and labor and employment. She provides counsel to boards of education in relation to special education and Section 504, student services, student discipline, residency and custody, student records and confidentiality, public records requests and sunshine law issues, employee leave, discipline and termination, and constitutional issues arising in education. In addition to providing general counsel to school boards as issues arise, Kathy frequently provides training and in-services in each of these areas. While providing preventive measures such as in-services, reviewing IEPs and ETRs for legal compliance, attending IEP and ETR team meetings, representing boards of education in direct requests for mediation, and issuing guidance relating to systemic and programmatic matters, Kathy also handles all aspects of litigation relating to student issues. She has represented boards of education in student matters before the Ohio Department of Education and U.S. Department of Education, and in state and federal court. Kathy also handles employment and general board litigation, and has represented boards of education in these matters before the EEOC, OCRC, and state and federal court.

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Experience

SPECIAL EDUCATION

• Represents school districts with respect to the development of legally defensible IEPs and ETRs and all aspects of IDEA procedural compliance.
• Attends IEP and ETR meetings on behalf of school districts to provide legal support to teams in difficult situations.
• Assisted school districts with development of policies/procedures for Section 504 of the Rehabilitation Act of 1973.
• Assists school districts with development of procedures for independent educational evaluations.
• Counsels and trained districts regarding special education laws and regulations.
• Defends and pursues due process actions on behalf of districts.
• Defends and negotiates resolution agreements in proceedings before the Ohio and United States Departments of Education.
• Amicably resolved special education disputes both prior to and during litigation.
• Conducts compliance audits of special education files.

LABOR AND EMPLOYMENT

• Represents school districts in proceedings before the Equal Employment Opportunity Commission and Ohio Civil Rights Commission with respect to claims of race, sex, age, gender and disability discrimination.
• Represents clients in federal court involving claims of race, sex, age, gender and disability discrimination.
• Represents school districts in teacher termination and discipline proceedings.
• Represents school districts in proceedings regarding discipline and termination of classified employees.
• Counsels clients regarding compliance with the ADA, FMLA, FLSA, ADEA and other employment laws.

STUDENT ISSUES

• Represents school districts in student discipline proceedings before boards of education, appointed designees and in appeals to court.
• Represented school districts in federal court litigation involving alleged violations of constitutional rights and Section 1983 (e.g., bullying, harassment, etc.)
• Counsels school districts regarding residency and custody disputes.
• Assists school districts with responses to requests for educational records.
• Counsels school districts regarding obligations under the Family Educational Rights and Privacy Act (FERPA).

SUNSHINE LAW & PUBLIC RECORDS

• Counsels school districts faced with voluminous public record requests and responded to same on behalf of clients.
• Counsels school districts on various aspects of compliance with Ohio’s Open Meetings Act. Represented districts in court regarding public record and sunshine law claims.

EDUCATION – GENERAL COUNSEL

• Assists school districts with policy review and development.
• Reviews contracts on behalf of school districts and negotiates vendor contracts on behalf of school districts.

Recognition

• 2021 – Selected for inclusion in the 2021 edition of The Best Lawyers in America©.  Listed in the current edition for Education Law.

Articles

• The Supreme Court Weighs In: Can Schools Regulate Off-Campus Student Speech?
• School Districts Face Significant Dyslexia Requirements Under House Bill 436
• Ohio Department of Health Director Signs K-12 COVID-19 Reporting and Notification Order
• Ohio Department of Health Releases Order Allowing Sports to Move Forward with Stipulations
• Nearly Half of All Walter | Haverfield Attorneys Selected for Inclusion in Best Lawyers®
• Ohio Department of Health Extends Contact Sports Order, Clarifies Definition of Contact Sports
• Student Attendance During Remote Learning for the 2020-2021 School Year
• ODE Proposes Rule Changes and Calls for Comments
• Ohio H.B. 164 Provides School Districts Some Relief from Anticipated 2020-2021 Third Grade Reading Guarantee Impact
• School Closure Clarification Released
• Don’t Toss Your Cap Yet: What it Means to be “On Track” to Graduate
• Interpreting the Ohio Department of Education’s Guidance Regarding Students with Disabilities During the State’s School-Building Closure
• Students with Disabilities and Team Considerations During the COVID-19 Crisis
• COVID-19 and District Obligations to Students with Disabilities
• State Bans Vape Pens on School Buses and Calls for Drivers to Wait at Bus Stops
• The pendulum swing for personal liability in IDEA violation lawsuits
• Ohio’s Anti-Hazing Law: A Call to Action for School Districts

Presentations

• 504 Training, December 2020
• 2020-2021 Special Education IEP/ETR Legal Update, Summit Co. Educational Service Center, September 2020
• School Counselor and Social Worker Professional Development, Elyria City School District, August 2020
• Staying Ahead: What You Need to Know About the New Title IX Regulations, W|H Education Webinar, August 2020
• Beyond the Basics: Section 504 & Drafting Legally Defensible PR-01s, May 2020
• Top 10 Special Education Challenges in Light of COVID-19, April 2020
• Writing Better PLOPs, Goals & Objectives, & Progress Reporting, February 2020
• IDEA Compliance, December 2019
• “Give & Toke: Medical Marijuana and Schools,” November 2019
• Goal Writing, Data Collection and Progress Monitoring, September 2019
• ETR/IEP Legal Update and Medical Marijuana at Summit Co. ESC, May 2019
• IEP/ETR Compliance, May 2019
• IEP/504 Plans, NBI Seminars, May 2019
• Family Education Rights and Privacy Act (FERPA), March 2019
• Residency/Custody/Homeless Students, Juvenile and Family Law Symposium, December 2018
• Legal Ethics in Education, November 2018
• Disciplining Students with Behavioral Issues, May 2018
• Title IX Training, March 2018
• Compliance Officer Training and Conducting Investigations, March 2018
• Student Possession and Use of Medical Marijuana Under Ohio’s New Medical Marijuana Law and Regulations, Educational Service Center of Cuyahoga County, March 2018
• Special Education Legal Update, March 2018
• Harassment Policy/Appropriate Behavior, February 2018
• Transition Law, January 2018
• Training for Intervention Specialists, January 2018
• Section 504, October 2017
• Special Education/Pupil Services, July 2017

Associations

• Ohio School Boards Association’s Ohio Council of School Board Attorneys
• Ohio State Bar Association
• Cleveland Metropolitan Bar Association