LEGAL UPDATES FOR ADMINISTRATORS��Oregon City School District�August 8, 2025
Lisa Woloszynek
lwoloszynek@westonhurd.com
216.687.3382
Nuts and Bolts of Conducting Investigations �
Investigations
What Must be Investigated
Purpose of Investigation
Purpose of Investigation
Goals of the Investigation
Who Should Investigate?
The Initial Complaint or Allegation of Misconduct
Early Investigation Stages
Early Investigation Stages
Make Decision Regarding Danger or Potential Harm
Assess Available Information
Planning the Interview
Questioning Interviewee
Handling Interviews
Handling Interviews
Handling Interviews
Handling Interviews
Handling Interviews
Analyze Your Evidence:
Analyze Your Evidence:
Investigation Findings
Making the Report
Concluding the Investigation
Imposing Discipline
Basic Disciplinary Process - Employees
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Other Considerations
Investigator Dos
Investigator Don’ts
Tips for Investigation Interviews
Tips for Investigation Interviews
Tips for Investigation Interviews
Documentation is Critical
Elements of Good Documentation
Elements of Good Documentation
or
Elements of Good Documentation
vs.
Elements of Good Documentation
Elements of Good Documentation
Student Discipline
Suspension Overview
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Expulsion Overview
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Suspension/Expulsion (PK-3)
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Students’ Rights: Substantive Due Process
Students are entitled to substantive and procedural due process in discipline situations
Substantive:
Procedural:
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Legal Standard for Discipline
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Student Due Process Rights
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More Student Due Process Rights
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More Student Due Process Rights
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Procedural Steps for �Suspensions and Expulsions
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Part One: Pre-discipline Notice
Part Two: Pre-discipline Chance to Challenge
Part Three: Discipline Decision
Part Four: Post Discipline Notice
Part Five : Post Discipline Chance to Challenge
Part Six: Going to Court
*Details somewhat different for suspensions & expulsions
Fight Happens at School
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Bobby Gets Suspended
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Bobby Gets Expelled
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Emergency Removals
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Student Discipline: Common Errors
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Student Discipline: Common Errors
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Top Compliance Issues
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Alternatives to Discipline
In some situations, standard removal-type discipline is not a good option:
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Disciplinary Alternatives
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Student Discipline: Considerations for Students with Disabilities
Students with Disabilities
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�Ten Day Rule �
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�IDEA: Change in Placement Procedures�
Additional procedures needed for disciplinary change in placement:
services during removal
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Manifestation Determination
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Manifestation Determination
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Manifestation Determination: Next Steps
If the conduct is determined to be a manifestation:
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Manifestation Determination: Next Steps
If the conduct is not a manifestation of the disability:
District may suspend or expel in the same manner it would a regular education student, but:
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Special Circumstances: Exception for Drugs, Weapons, Serious Bodily Injury
District can remove a student to an IAES for not more than 45 school days, even if the behavior was a manifestation of the student’s disability if student:
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IDEA Definition of Weapon
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IDEA Definition of Illegal Drug and Controlled Substance
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IDEA Definition of Serious Bodily Injury
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Back to the MDR Questions
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Other Reminders
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Children Not Yet Identified
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Children Not Yet�Identified
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Children Not Yet Identified
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Manifestation Determination Review Pitfalls
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Manifestation Determination�Review Pitfalls�
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Manifestation Determination Review Pitfalls�
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Interim Alternative Educational Setting�
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Lisa Woloszynek
Weston Hurd attorney Lisa Woloszynek focuses her practice on special education law, school law, and labor and employment law. She provides general counsel to school districts in relation to personnel and student matters, including discipline, Sunshine Laws, board policies, residency and custody, public and education records, confidentiality, constitutional rights, and discrimination concerns. Lisa counsels boards of education on laws related to the education of students with disabilities and regularly provides preventative services to school district personnel: leading in-service sessions, reviewing special education records 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. Lisa also handles all aspects of litigation related to student and employee issues.