DS Hirt Law

I have been providing legal counsel and representation to public school district boards of education and their administrative teams on a broad range of governance,  personnel, and student issues for over 25 years.

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As general counsel, I advise boards and administrators regarding issues such as: drafting, interpretation, and modification of board policies,  administrative guidelines, regulations, and handbooks; compliance with Ohio's Sunshine Laws (Public Records Act and Open Meetings Act); and preparation and review of contracts with third-party vendors.

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In my labor and employment law practice, I assist boards and administrators with: interpretation of collective bargaining agreements; preparation and negotiation of memoranda of understanding; addressing grievances at the district level and defending grievances through arbitration and court; and employee discipline, including at the pre-disciplinary level, consultation on appropriate and supportable discipline, and implementation of discipline, including termination. I also advise administration on compliance with the requirements of a variety of laws and regulations appliable to employment, including the Americans with Disabilities Act and the Family and Medical Leave Act, as well as associated fitness-for-duty issues. My labor and employment law practice also includes defending boards of education against administrative complaints filed with the U.S. Equal Employment Opportunity Commission, the Ohio Civil Rights Commission, the Ohio State Employment Relations Board and, in select circumstances, defending complaints filed in Ohio or federal court.

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I counsel school boards and administrators on all student issues, including enrollment and tuition issues, discipline, special education, and student records issues. I advise principals, superintendents, and boards on all aspects of student discipline, from investigation, pre-disciplinary due process hearings, imposition of discipline, and appeals of discipline to the board or court. I regularly advise administration on special education and Section 504 issues, including the conduct of evaluations and completion of IEPs and Section 504 accommodation plans, and their associated team meetings. I assist administration to respond to requests for IEEs.

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I also defend school boards against Formal Complaints filed with the Ohio Department of Education and Workforce Office for Exceptional Children, as well as disability discrimination complaints filed with the U.S. Department of Education Office for Civil Rights. In select matters, I represent school boards in special education due process complaints and mediations.

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I assist boards and administrators to evaluate public records requests, identify and compile responsive public records, redact non-public information, and respond to such requests as required by law.

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I am involved in all aspects of responding to Title IX sexual harassment complaints. I assist the board's Title IX team members fulfil their roles as Title IX coordinator, investigator, decision maker, and appeal decision maker. I am also available to serve as an outside, independent Title IX investigator, decision maker, or appeal decision maker for school boards that I do not represent as legal counsel.