FREE Legal Assistance for Families in Say Yes Schools!

Say Yes legal services help families achieve safety, economic security and permanent housing so children can stay in school and thrive.  Click here for a helpful bilingual info card.

Legal assistance is available to help with the following types of legal problems:

NEED HELP?

Choose the option that works best for you:

1. Ask your family support specialist for a referral
2. Call 216.861.5510 to request assistance
3. Apply for help online by clicking here.

Need more guidance and info?  CLICK HERE to learn more about Legal Aid’s robust Access to Education work.  At this page you can read helpful FAQs, brochures and learn more to ensure help kids are successful in school.

This brochure explains the McKinney-Vento Homeless Assistance Act, which  is a federal law that requires school districts to provide an education to homeless students. This law protects students rights to enroll in school or continue attending school despite lacking necessary documents, and to transfer and be transported to a school that is convenient to them. Public school has a  liaison who assists homeless students and their families. This brochure also explains  how families can seek  legal help if a  child’s school is not fulfilling  these obligations.

More information is available in this brochure published by Legal Aid: Access to Education for Homeless Students Living in Temporary Housing

This information is also available in Spanish: Acceso a la Educación por Alumnos Sin Casa y Alumnos que Están Viviendo en Viviendas Temporales

If you think your child has learning problems, you may ask the school to test your child for special education. This  flyer outlines some of the rights you and your child have. They include the right to request an individualized education plan (IEP) meeting at any time, extra rights and protections for suspensions and expulsions, and your right to request a re-evaluation of your child once a year.

More information is available in English   and Spanish at: Special Education: Know Your Rights/Educación Especial: Conozca sus Derechos.

Is your school not responding to your concerns? Does your child need special education? Has your child been suspended or expelled? Legal Aid may be able to help.

More information is available in this brochure published by Legal Aid: Is Your Child having Problems at School?

This brochure is also available in Spanish at:   Tiene su Niño(a) Problemas en la Escuela?

What is it? An income-driven repayment plan ties your monthly federal student loan payment to your income. It helps ensure that you’re only being charged an amount that you can afford. For some people, the monthly payments are $0.

Why should I do it? It’s important to enroll in an income-driven repayment plan if you’re having trouble keeping up with your federal student loan payments. The plans help you avoid falling behind or going into default. Going into default generally means that you have not made a payment in more than 270 days. If this happens, your wages may be garnished without a court order. You could lose out on your tax refund or Social Security check. Your credit score could suffer.

Am I eligible? If you have a federal student loan, you are likely eligible. One major exception is if you have Parent PLUS loans (in which case you will want to talk to an expert for individualized advice on how to enroll for an income-driven repayment plan). A Parent PLUS loan is a student loan taken out by a parent to finance their child’s education. If you have private student loans (loans offered by the school, a bank, or other financial institution and not backed by the federal government) you are not eligible for the federal income-driven repayment plans. If you have private loans, you will need to contact your specific lender to see if they offer any options as to those specific loans.

How do I apply? In less than 10 minutes, you can enroll! We have a step-by-step guide that is available here. Broadly, you’ll need to take two steps:

• Choose your plan. As shown below, there are four possible plans that you can choose from. Each plan is slightly different. When you apply, you can also check a box that tells your loan servicer to choose the plan with the lowest monthly payment. Your loan servicer is the Company that you interact with regarding your student loans. They’re the company that collects the payments from you (examples include Navient or Great Lakes).
• You can apply on-line at https://studentaid.gov/app/ibrInstructions.action. Alternatively, you can send a physical copy of the application to your loan servicer. Once you’re enrolled, you’ll need to verify your income each year. If you want to re-verify your income on-line, you can do so at the same website above. If you want to re-verify your income on paper, then you will need to work with your loan servicer  to do so.

What are the different plans? There are four different plans, each with slightly different terms and conditions. Generally speaking:

• REPAYE: Most direct loan borrowers are eligible for this option. A direct loan borrower is someone who borrowed a loan directly from the federal government (rather than a loan borrowed from a bank or financial institution that is then backed by the federal government). The REPAYE plan requires a monthly payment of about 10% of your “discretionary income” (money you have left over from your post-tax income after paying for necessary expenses like rent, utilities, and food). There’s no cap on what you could pay, so if you anticipate that you’ll earn more money soon, this may not be the best option. At the end of 20-25 years, any outstanding balance on your loan will be forgiven by the government (“loan forgiveness”).
• PAYE: If you are a direct loan borrower and took out your loan after July 1, 2014, you are eligible for this plan. It requires a monthly payment of 10% of your discretionary income. You will never pay more than what you would pay in a standard repayment plan. Loan forgiveness occurs at the 20-year mark.
• IBR: This plan is open to most borrowers and requires a monthly payment of between 10%-15% of your discretionary income. It is also capped, and loan forgiveness occurs after 25 years.
• ICRP: This plan is open to most direct loan borrowers and charges 20% of any earnings above the federal poverty level. Loan forgiveness occurs at the 25-year mark.

Note: The plans handle interest on the loans slightly differently. If you think you might leave the plan down the road, you should read more on how interest works under each plan. And, if you’re married, you should also look at how your spouse’s income will be treated under each plan. Finally, if any part of your loan is forgiven after 20-25 years, you may be required to pay income tax on that amount.

What if I consolidated my loans or plan to consolidate them? If you only have federal loans, then consolidation could impact the type of IDR plan you’re eligible for. If you consolidate a private loan with a federal loan, you would be doing so with a private lender and would lose your eligibility for a federal IDR plans.

What if I have more questions? If you have questions about what type of loans you have, how to apply, or which plan is right for you, you should contact your loan servicer or call the Federal Student Aid Ombudsman Group at the Department of Education at 1-877-557-2575. You can also book an appointment with an advisor at College Now Greater Cleveland. Their website is: https://www.collegenowgc.org/adult-programs-and-services/.

I am receiving traditional unemployment compensation but need to stay home to take care of my child while they return to school remotely. Can I refuse to return to work or refuse job offers?

No. Under traditional unemployment compensation you must accept job offers for suitable work. Traditional unemployment is meant to cover the worker, not the worker’s family. However, you may be eligible for Pandemic Unemployment Assistance (PUA) benefits and can open an application for PUA.

My child is attending school remotely and I need to remain home to care for them. Could I be eligible for PUA if I leave my job or refuse to return to work?

Yes. If you are the primary caregiver of your child and your employer does not give you the option for paid leave or telework (work from home), you can receive PUA.

What if I can telework or receive offers to telework but my child needs so much help with remote school, I am unable to work. Could I be eligible for PUA?

Yes. If you are the primary caregiver of your child, are unable/unavailable to work because you need to assist your child with remote schooling, and are not receiving paid leave or telework pay, you can receive PUA benefits for every week that online schooling is in session.

My child is attending school through a “hybrid model” (some days in school, some days remotely) and I need to remain home to care for them. Could I be eligible for PUA if I leave my job or refuse to return to work?

Yes. If you are primary caregiver of your child and are not receiving paid leave or telework pay you can receive PUA benefits.

My child is attending school through a “hybrid model” and I need to remain home to care for them on the days they attending school remotely. I am still working a reduced schedule on the days my child is in school. Could I receive PUA benefits?

Yes. You can receive PUA benefits, but you must report all wages earned each week. Your PUA benefit payment will be reduced based on the amount of wages you earn each week.

My child’s school is allowing students to choose to attend in-person or remotely. I do not feel comfortable sending my child to in-person classes and will choose to have my child attend school remotely. I am the primary caregiver and will not be able to work with my child attending school remotely.  Could I be eligible for PUA benefits?

Maybe. If you meet one or more of the PUA eligibility criteria, such as being advised by a health care professional to self-quarantine due to concerns related to COVID-19, then you may be eligible for  PUA benefits. If you do not meet any of the listed criteria and choose to keep your child at home, you would not be eligible for PUA benefits.

Who qualifies as a “primary caregiver?”

A primary caregiver is the person who is most responsible for caring for the child or children in the home. That can be a mother, father, or other family member within the household. If you typically work full time and another member of your household has the primary responsibility of caring for children in your household, then you are not the primary caregiver.

Generally, there are two options: Keep studying in the same field or get rid of your student loans.

If you want to keep studying:

You can transfer your credits to another school and continue taking classes there. If you transfer your credits, you will have to keep paying the student loans you took out at previous college.

Be sure to research the school you are thinking of transferring to. For instance, is the school licensed? Does it successfully place graduates in the field you are studying? The Ohio State Board of Career Colleges and Schools has a list of schools that will accept transfer credits at http://scr.ohio.gov/. You can also call the State Board at 614-466-2752 for more information.

If you would rather get rid of your student loans:

You can apply for a “closed school loan discharge.” A loan discharge means your federal loans will be cancelled. You will not have to pay the loans back. In fact, if you already started making payments, you will get your money back. However, if you get the loan discharged, you will not be able to keep your credits from the college previously attended.

For more information about a closed school loan discharge, you can contact Legal Aid. You can also read more from the Department of Education at https://studentaid.ed.gov/sa/repayloans/forgiveness-cancellation/closed-school. Or you can call the Department of Education at 1-800-433-3243.

What if you took out loans from a private bank rather than the federal government?

Private loans cannot be discharged in the same way. If you have private loans, you will have to contact your lender to find out your options.

My child is not doing well in school.  Does my student need a 504 Plan or an IEP?

If a student is not doing well in school due to a disability, the student may need accommodations through a 504 Plan or special education services through an IEP.

If a student has a physical or mental disability that affects their school day, that student may need accommodations documented in a 504 Plan.  Accommodations could be a wheelchair ramp, a sign language interpreter, and extra breaks for a student with ADHD. These types of accommodations should be recorded in a 504 Plan, a legal document created by a team at the school that must include the parent. If a school does not follow the 504 Plan, a parent can file a complaint through the U.S. Department of Education, Office for Civil Rights.  The Cleveland office of the U.S. Department of Education can be reached at 216-522-4970.

If you believe your child’s disability requires special education services at school, you can ask that your child be tested for special education.  If the student qualifies, an Individualized Education Program (IEP) will be created for the student. An IEP records the plan for helping a child meet their individual goals. Examples of IEP goals are learning math facts, improving speech skills, and developing coping skills. The IEP will also include the services the school will provide to help the student meet their goals.  The IEP is a legal document created by a team that includes the parent. If a school does not follow an IEP, a parent can file a complaint with the Ohio Department of Education, Office for Exceptional Children which can be reached at 877-644-6338.

How do I request a 504 plan or IEP?

A parent can request that a student be tested for a 504 Plan or IEP by asking the school.  It is best to ask in writing so put your request in a letter to the school. Date the letter and state that the child has a disability which causes them to struggle in school so you would like them tested for a 504 Plan or an IEP. Give the letter to the school, but be sure to keep an additional copy of the letter.

If the school does not respond or denies the request for a 504 Plan, contact the Cleveland office of the U.S. Department of Education, Office for Civil Rights at 216-522-4970.

If the school does not respond or denies the request for special education, contact the Ohio Department of Education at 1-877-644-6338. For more information about requesting special education, see https://lasclev.org/i-think-my-child-needs-special-education-classes-what-is-the-process/

If the student had an IEP (Individualized Education Program) in high school, will it follow them to college?

College students with a disability have certain rights as they continue with their education after high school. However, your IEP does not go with you to college. Generally, colleges do not provide special education.  Instead of providing special education to students with disabilities, colleges must make sure that students with disabilities are treated fairly including receiving accommodations.

What protects students with disabilities from being discriminated against?

Colleges cannot discriminate against students with disabilities. There are federal and state laws that stop schools from doing this. These laws protect students with disabilities from being denied admission to a school because of a disability or being discriminated against by the school they attend.

What must the college provide?

Once a student with a disability starts college, these schools must provide academic accommodations and supports based on the student’s needs. Some examples of this help may include books on tape, note takers, readers, extra time for tests, or special computer tools. However, these schools do not have to provide students with personal equipment such as wheelchairs.

How does the student request these services?

The steps depend on the school. First, a student must tell the school about the disability if requesting services. Contact the school’s office for students with disabilities or ask an adviser where to start.

Students who experience discrimination because of a disability should contact the U.S. Department of Education’s Office for Civil Rights. The phone number in Ohio is 216-522-4970. Complaints can also be filled out online at: http://www.ed.gov/about/offices/list/ocr/complaintintro.html

English learner students have a right to equal access to high-quality education and the opportunity to achieve full academic potential. States, districts, and schools have obligations under federal law.

What kind of obligations does a school have for English Learners?

Schools have obligations to:

• identify English learner students in a timely, valid and reliable manner;
• offer all English learner students an educationally sound language assistance program;
• provide qualified staff and sufficient resources for instructing English learner students;
• ensure English learner students have equitable access to school programs and activities;
• avoid unnecessary segregation of English learner students from other students;
• monitor students’ progress in learning English and doing grade-level classwork;
• remedy any academic deficits English learner students incurred while in a language assistance program;
• move students out of language assistance programs when they are proficient in English and monitor those students to ensure they were not prematurely removed;
• evaluate the effectiveness of English learner programs; and
• provide parents who have limited English proficiency with information about school programs, services, and activities in a language they understand.

What can I do if I think my child’s rights are being violated?

If you have questions, want additional information, or believe that a school is violating federal law, contact the U.S. Department of Education, Office for Civil Rights (OCR).  The Cleveland OCR office can be reached at 216-522-4970 (TDD: 800-877-8339). Also see their website at www.ed.gov/ocr.

You can also file a complaint with the Office for Civil Rights if you believe your child is being discriminated against. For more information about filing a complaint, visit www.ed.gov/ocr/complaintintro.html.

Student loans give needed financial assistance to people who want to attend college but can’t afford it.   Many colleges and universities offer many student loan options.   The information in this article will help people when making important decisions about where to go to school and how to pay for it.

Choose a College Carefully. There are three different types of colleges and universities to choose from:

1. Public colleges and universities (eg. Cuyahoga Community College, Cleveland State University)
2. Non-profit colleges and universities (eg. Baldwin Wallace University)
3. For-profit or “proprietary” schools (eg. Lincoln College of Technology)

In general, Ohio’s public universities have the cheapest tuition for Ohio residents.   For example, one semester tuition at Tri-C in an associate degree program costs as little as $1,200,[1] and one semester tuition at Cleveland State University in a bachelor’s degree program costs about $4,700.[2] In contrast, one semester tuition at Lincoln College of Technology in an associate degree program costs as much as $13,200.[3]

Choose a Loan Carefully: There are two basic types of student loans: federal and private.   Federal loans are regulated by the U.S. Department of Education, which sets the terms and limits the interest rates.   Private loans come from private lenders who set their own terms and interest rates.   Before signing any loan contract, compare loan offers from different lenders because some loans are more expensive than others. Always ask lenders the following questions:

1. How much money are you lending me?
2. What is the interest rate?
3. When will interest start to “accrue” (build up)?
4. When do I have to start paying the loan back?
5. How much will my monthly payments be?
6. What kinds of repayment plans are available for this loan?

One advantage of federal student loans is the option for an income-based repayment (IBR) plan for borrowers who have a financial hardship.   Under IBR plans, monthly payments are limited based on the borrower’s income.

Remember, student loans must be repaid, even if the student does not graduate, cannot find a job, or was unhappy with the school.   Student loans are not automatically discharged in bankruptcy.

For more information on student loans, visit the U.S. Department of Education website, www.ed.gov.   Another helpful website is www.studentloanborrowerassistance.org, which comes from the National Consumer Law Center.

If you have problems with federal student loans, contact the Federal Student Aid Ombudsman Group at www.ombudsman.ed.gov.   If you have problems with private student loans, contact the Consumer Financial Protection Bureau’s Private Student Loan Ombudsman at www.consumerfinance.gov/complaint (click on “Student Loan”).

IMPORTANT: Avoid Scholarship Scams! Many colleges and universities have limited scholarships, or money that does not need to be paid back.   Find out how to apply for scholarships on a school’s website or by contacting the financial aid office.

Beware! Some companies claim to offer “scholarships,” but they are actually trying to steal your cash, credit card number, or bank account number.   Ways to protect yourself are:

1. Never give your credit card or bank account number to “hold” a scholarship “” this is a scam!   Real scholarships do not ask for credit card or bank account numbers.
2. Real scholarships are free.   If you have to pay money to apply, the scholarship is a scam.
3. If someone calls and says you were “selected” for a scholarship, but you never applied for any scholarship, this is a scam!   Hang up the phone and do not provide any personal financial information.

__________________________________________________________________________________________________________

[1] Cuyahoga Community College, Tuition & Payment Schedule for 2013-2014 Academic Year, available at http://www.tri-c.edu/payingforcollege/Pages/TuitionPaymentSchedule.aspx.   The cost is about $1,200 for Cuyahoga County residents and about $1,500 for other Ohio residents.

[2] Cleveland State University, Tuition and Fees 2013-2014, available at http://www.csuohio.edu/treasury-services/tuition-and-fees.

[3] Lincoln College of Technology, Net Price Calculator, available at http://www.lincolnedu.com/net-price-calculator.

This article was written by Legal Aid Managing Attorney Julie Robie and appeared in The Alert: Volume 29, Issue 3. Click here to read the full issue.

Is my student considered unhoused or experiencing homelessness?

Under the McKinney-Vento Homeless Assistance Act, homeless is defined as students who, “lack a fixed, regular, and adequate nighttime residence.” Examples include: students who live in a shelter, in a car, or on the street, are doubling up with family or friends or who couch surf, or students living in a home with problems like bugs, mold, leaks, etc.

Can an unhoused student without access to important papers still enroll in a public or charter school?

Yes, unhoused students in public or charter schools have the right to enroll even if they do not have all the documents normally required to enroll, like birth records, shot records, or utility bills.

My student attends school in one district, but is now staying at a shelter or with friends in another district, will the school provide transportation?

When staying at the same school is best for the student, public and charter schools must provide transportation to keep the student at their last school. The school districts must provide transportation even if the student no longer stays close to the last school or even if the student is outside the school district.

Is there a person at my student’s school responsible for helping unhoused students?

Every public and charter school must have a person in charge of finding and helping unhoused students. The person is often called a McKinney Vento homeless liaison and sometimes works in the pupil services office. If additional help is needed, call the Ohio Department of Education’s McKinney-Vento Coordinator at (614) 387-7725.

Federal law allows specific categories of borrowers to get a discharge (cancellation) on their student loans. You must fit within one of the categories listed below:

1. You did not have a high school diploma or GED at the time of enrollment. The student loan must be from 1986 or later.
2. The school closed while you were enrolled or within 90 days of when you withdrew from the school. The student loan must be from 1986 or later.
3. You did not complete the program, and the school did not properly return part of the loan to the lender. The student loan must be from 1986 or later.
4. You had a status or condition at the time of enrollment that was a legal barrier to employment in the field. The student loan must be from 1986 or later.
   Examples include:
   • You were in a security guard program, but had a felony criminal record.
   • You were in a nursing assistant or custodial maintenance program, but you had a physical or mental disability that prevented you from working in those fields.
   • You did not have a high school diploma AND a high school diploma is necessary to take a license or certification exam that is required for the job.
5. The borrower is now deceased or totally and permanently disabled.
6. The borrower’s signature on the loan application was forged.

Next Steps

If you fit into one of these categories, you can begin the process of discharging your loan at the U.S. Department of Education website.

If you do not fall into one of these categories, you are not eligible for a discharge on your student loan. You must contact your lender to determine what options you have for payment. In circumstances of extreme financial hardship, a student loan may be discharged through bankruptcy.

Education: What Do I Need to Know About School During COVID-19?

Education: What Are Schools Doing for Students with Disabilities During COVID-19?

If my child’s school is only remote or learning virtually, when will they go back in person?

Each School District will decide when it is safe to resume in person learning based on recommendations from the Department of Health.  Contact your school district to find out what options are available.

Does my school district still need to educate my child?

Yes, but it may look different.  There may be a combination of live virtual instruction, recorded sessions, and in-person instruction depending on your school district.

What educational services are the Cleveland Metropolitan School District providing during the COVID-19 pandemic?

As of March 2021, CMSD is offering different school options to families.  Students can continue to attend school virtually or could choose a hybrid option which includes some in-person school and some remote school.  For more information about CMSD, see: Hybrid Learning / Hybrid Home (clevelandmetroschools.org)

Are schools still serving meals?

All schools may continue to serve meals to school age children even while remote because of COVID 19.

In The Cleveland Metropolitan School District, families can do daily meal pick-ups at all K-8 schools or weekly pick-ups at most high schools.  For more information, visit,  https://www.clevelandmetroschools.org/cms/lib/OH01915844/Centricity/domain/6622/other/CMSD_SN-GrabnGo_Flier.pdf

Where can I go for more information and for resources for my child?

The Ohio Department of Education is updating its Restart and Reset Education information here: http://education.ohio.gov/Topics/Reset-and-Restart

The Cleveland Metropolitan School district is posting updates here: https://www.clevelandmetroschools.org/BacktoSchool

My student has a disability. What can I do to make sure my student is getting the right services while school is closed?

Contact the school district’s special education director, your child’s teacher, or building principal to ask for work at your child’s ability level and tips on how to help them with the work.

Write down the dates to track your requests for services, and the responses to such requests. Keep track of how you got the communication. Was it by telephone? Email? Letter? Did the school talk to you in a language you can understand?

Keep track how many minutes of services your child is receiving to help determine whether any services need to be made up when schools reopen.

My student has a 504 Plan or IEP. If a school provides educational services, what do they have to do to meet needs for students with disabilities?

If the school is providing education to students, it must include students with disabilities. The school has to do its best to give the same services to students with disabilities.

My child with an IEP is falling behind.  Is there any extra help available?

You may qualify for funds to pay for in-person tutoring, or other learning supports with Learning Aid Ohio if your child is:

• learning remotely full time (not hybrid)
• has an IEP for the 2020-2021 school year, and
• your family is low-income or experiencing financial hardship.

Up to $1,500 per family per school quarter is available to pay for these additional supports for your child.

You must fill out the online application. Once approved, you can choose from the list of providers and book your services on the Learning Aid Ohio website.

For more information, visit: https://www.learningohio.com/

What if a school can’t meet the needs of my student with a 504 Plan or IEP?

When schools reopen, the child’s IEP team should meet to consider what services the child missed out on and how they can be made up to the child. Parents should keep track of what their students are missing.

Can I request an IEP meeting during the school closure?

Yes.  Many schools are holding IEP meetings on the phone or through video conferences.  Some schools have not yet set up ways to hold meetings by phone or video.  However, parents or guardians still have the right to request a meeting.

Can I request an evaluation for special education services during the school closure?

Yes. The school has 30 days to respond to your request. They can either tell you in writing why they don’t think there is a disability, or they can get your permission to evaluate. Many evaluations require in person testing, so the evaluation may be delayed until in person testing is safe.

Where can I find more information about special education services during COVID-19?

The Ohio Department of Education has released a document to help school districts provide special education services to students with disabilities. The document addresses specific requirements of the Individuals with Disabilities Education Act and speaks to the most frequently asked questions that have emerged during the state’s ordered school-building closure. The document can be found here.

For more information about the service for students with disabilities see the FAQs on the Disability Rights Ohio webpage: https://www.disabilityrightsohio.org/covid-education

Have federal student loans? Are you having trouble keeping up with payments? An income-driven repayment (IDR) plan may be a good option for you. Visit our FAQs for more information here.

You can apply for an IDR plan online at https://studentaid.gov/app/ibrInstructions.action. The application process is quick and easy and should take about 10 minutes. Once you log in on-line, you’ll be asked to do the following:

1. Income-Driven Repayment Plan Request: Click: “I want to enter an income-driven plan.”
2. Answer yes or no to the question:
3. Enter information about your family size and marital status, including the number of dependents and whether you want to repay your loans jointly with your spouse.
4. Verify your income. If you filed taxes in the last two years, then just follow the prompts on the screen to import that information. If you don’t have any income, or receive only untaxed income, you can indicate that on the form and you don’t need to do anything further. If you haven’t paid taxes and have taxable income, you must submit a paper Income-Driven Repayment Plan request with proof of your current income (like a pay stub).
5. Select your specific Income-Driven Repayment Plan. For information on the available plans, visit this page. The application includes a tool that allows you to see how much you’ll pay each month under each plan. You can also just ask that “my loan holder (servicer) place me on the plan with the lowest monthly payment amount.”
6. Enter additional personal information, including your address, email, and telephone number.
7. Certify and electronically the document.

If you apply on-line, you should receive a confirmation e-mail shortly after you submit the application. You should save that email. Then, you should hear whether your application was approved within 60 days. If you do not hear something by that time, you should either contact your loan servicer or the Federal Student Aid Ombudsman Group at the Department of Education 1-877-557-2575. You can also contact your loan servicer or the Federal Student Aid Ombudsman Group if you have questions about how to apply, or which plan is right for you. Finally, for individualized help, you can also book an appointment with an advisor at College Now Greater Cleveland. Their website is: https://www.collegenowgc.org/adult-programs-and-services/.

A child getting special education at a public or charter school has an Individualized Education Program (IEP).   This IEP is written at least once a year and lists goals for the child in their areas of need.   An IEP Progress Report, talking about the child’s progress on each goal, must be mailed to the child’s caregiver regularly.   The child’s IEP will say how often the IEP Progress Reports must be mailed.

Legal Aid recently filed a complaint against the Cleveland Metropolitan School District because caregivers of children with IEPs were not getting IEP Progress Reports as often as they should.   The Ohio Department of Education told the school district it must regularly send IEP Progress Reports to caregivers of students getting special education.

If your child has an IEP and you are not getting regular IEP Progress Reports, you should talk to your child’s teacher and/or principal.   If that does not help, you may file a complaint with the Ohio Department of Education.   You may get the complaint form at their website, www.education.ohio.gov, or by calling Legal Aid at 1-888-817-3777.

This article was written by Legal Aid volunteer Kolie Erokwu and appeared in The Alert: Volume 29, Issue 3. Click here to read the full issue.

Getting special education for a child requires a team effort by parents or guardians (“caregivers”), teachers and the school district. Both public and charter schools must provide special education to students with disabilities who need help learning in school.   A caregiver should take the following steps when seeking special education services:

1. Ask for an Evaluation

If you think a child needs special education, write a letter to the principal asking to figure out if the child has a disability. Write the date and explain the child’s problems in school with learning, paying attention or acting out. Keep a copy of the letter. If the child has a medical condition, think about including a letter or document from the child’s doctor. The school has 30 days to answer a caregiver’s letter in writing and say whether or not it will test the child.

2. School Agrees to Test Your Child

If the school district agrees a child may have a disability, they will ask the caregiver to sign a consent form. The evaluation may only start after the school receives the signed forms and permission to test. The school must finish the testing within 60 days of consent. After the evaluation is done, the school must meet with the caregiver to talk about the testing and decide if the child needs special education.

3. School Will Note Test Your Child

If the school tells a caregiver that the child will not be tested, and the caregiver disagrees with the decision, s/he has options to appeal. It is a good idea to ask for help with an appeal. The Legal Aid Society of Cleveland is able to help in some of these cases.

4. Individual Education Plans (IEPs)

Children found to need special education services will have an IEP with the school. The IEP services can include things like help with math or reading, plans for addressing behavior problems, speech, language, or occupational therapy, and other services to help children learn. The services are free to families, and can be provided in school or in the home.

5. Signing Forms

If at any time the school asks a caregiver to sign a document and the person does not agree with the document, either (1) do not sign it or (2) write on the document to indicate disagreement.

Additional information about special education is available from the Ohio Department of Education at: 614-466-2650 or 877-644-6338 (toll free). If you need help with a special education problem, please call Legal Aid at 1-888-817-3777 to find out if you are eligible for assistance.

This article was written by Legal Aid volunteer Kolie Erokwu and appeared in The Alert: Volume 29, Issue 3. Click here to read the full issue.

Too often, the news reports stories about kids being bullied at school. In Ohio, there is a law that tells schools what they must do to protect their students from bullying. “Bullying” refers to any written, spoken, or physical acts that are threatening or abusive to another student and happens more than once. Parents and caregivers need to know what schools should be doing and what they can do to help their children.

Every school district in Ohio must have an anti-bullying policy. A copy of the district’s policy should be available from the school. The anti-bullying policy covers any acts of bullying at school, on the school bus, or at any school event. It also includes acts of electronic bullying such as bullying through the internet or by cell phone.

The policy will tell parents and students how to report bullying. Reports should be made in writing to the school. This letter should include enough information about the problem so the school can investigate. Put the date on the letter and make a copy to keep before giving it to the school. On your copy, write down the name of the person you gave the letter to at the school. School staff must also report any bullying they know about at school.

Once the school learns about a bullying problem, the school must investigate the bullying. When the investigation is complete, the school should make a plan to keep the student safe who is being bullied.

If the school does not adequately respond to the bullying report, you can contact the U.S. Department of Education, Office for Civil Rights, to decide if a complaint against the school should be made. Their phone number is 216-522-4970. In order to make a complaint with the Office for Civil Rights, the bullying must be related to discrimination on the basis of race, color, national origin, sex, age or disability. For more information, see also the Legal Aid brochure “Bullying in Ohio Schools” at https://lasclev.org/bullyinginschoolsbrochure/.

This article was written by Legal Aid Staff Attorney Katie Feldman and appeared in The Alert: Volume 29, Issue 3. Click here to read the full issue.

If your child is still having problems in school, the school may not be following the IEP or your child’s needs may have changed.

• You can request an IEP meeting at any time.
• Your child must be re-evaluated every three years.
• IEP’s must be reviewed by the IEP team once every year.

*If your child is on an IEP he or she has extra rights and protections for suspensions and expulsions.

**If your son or daughter is on an IEP and has been removed from school for more than 10 days total in any school year, the school must hold a Manifestation Determination Review hearing before that child can be removed from school. If a child on an IEP is removed from school then he or she is still entitled to receive an education, usually in the form of home instruction.

Next Steps

Visit a brief advice clinic or contact Legal Aid.

Other Resources

School Discipline: Know your Rights – School Expulsions
Pro se Forms
Glossary of Education Terms

You may be able to find an attorney who can help you by contacting:

Cleveland Metropolitan Bar Association
Lawyer Referral Service
(216) 696-3532

If you believe your child needs special services in school because of a physical, learning or emotional disability, you can request the school evaluate your child. Schools are obligated by law to identify and provide services to students who have disabilities that affect their learning in school. Be sure to:

• Put the request in writing. Put the date on the letter and keep a copy for your records.
• Keep all letters from the school.
• Attach any letters or evaluations to the request from your child’s doctor regarding a medical diagnosis.
• Keep copies of all important documents such as disciplinary notices and report cards.
• Write down a summary of all telephone calls you make, voice mail messages you leave and meetings you have.
• Do not sign anything you do not understand or do not agree with.

If your school will not test your child, talk to a lawyer about it.

Next Steps

Visit a brief advice clinic or contact Legal Aid.

Other Resources

School Discipline: Know your Rights – School Expulsions
Pro se Forms
Glossary of Education Terms

You may be able to find an attorney who can help you by contacting:

Cleveland Metropolitan Bar Association
Lawyer Referral Service
(216) 696-3532

Rematha Grayson first noticed her daughter’s problems with focus and reading in kindergarten. She asked the school for help and they offered to monitor Makayla. Between first and second grade, young Makayla switched school buildings. This change caused a lack of continuity and a confusing paper trail. While the school continued to “monitor,” Makayla continued to have behavioral challenges in school and continued to fall behind.

Makayla has several medical conditions, including asthma, sleep apnea, allergies and eczema. She is up during the night and her medication makes her sleepy. Robert Needlman, her MetroHealth pediatrician, thought her medical issues indicated that she had special needs.

Ms. Grayson requested the school district evaluate her daughter. She made this request for three years, but no action was taken. Then the school told her Makayla was not ready for fourth grade.

Needlman wrote to the school requesting a full special education evaluation. When the school district didn’t reply, the pediatrician referred the family to a Legal Aid lawyer who is part of the team at MetroHealth, Danielle Gadomski Littleton. Before they received the attorney’s request, the school did initiate a full evaluation, but Ms. Gadomski Littleton was now watching the results.

The tests showed Makayla qualified for special education services. Ms. Gadomski Littleton requested compensatory education and the school agreed to provide two summers at The Help Foundation.

Thanks to her Legal Aid lawyer, Makayla is now thriving in school – and has the protection of a
plan for services that will help her graduate and succeed in life.

Click here to view the full Poetic Justice Issue where this story appeared.