The U.S. District Court in the Southern District of New York recently denied a request for a preliminary injunction to prevent new Title IX regulations from becoming effective on August 14, 2020. In general, Title IX prohibits discrimination on the basis of sex in schools. It is often used in sexual harassment claims of students […]
Ohio Supreme Court Upholds School District Takeover Law
On May 13, 2020, the Ohio Supreme Court upheld House Bill (HB) 70, which was passed in 2015 by the 131st General Assembly. HB 70 is a school takeover bill that gave sweeping powers to an appointed CEO in districts that struggled to meet overall state report card requirements. The Youngstown City School District Board […]
COVID-19 Update: Maintaining School Operations During Pandemics
How long can the school district cancel school? Provisions of Ohio law govern how long a school year must be. A school year begins on July 1st of each year and ends on June 30th of the next year. R.C. 3313.48 provides that schools must be open for instruction for a minimum of 455 hours […]
District’s Termination of Superintendent Upheld
The Court of Appeals in Logan County, Ohio recently upheld a decision of the Indian Lake School District Board of Education terminating its superintendent after he was arrested for gross sexual imposition of a minor. The superintendent was placed on paid administrative leave the day following his arrest. The Board adopted a resolution nine days […]
Can a School Board Member Serve as a Coach?
Given their choice to enter into elective office, school board members are typically service oriented individuals. They are very active in their communities and are often interested in the athletic programs of their district. Thus, it is not surprising that many school board members would want to help out by coaching or assisting a coach […]
Medical Marijuana in Ohio
In 2016, Ohio became the twenty-sixth state to legalize the use of marijuana for certain specified medical conditions. Medical marijuana facilities and patient registries are expected to be fully operational in the near future. School districts should be aware of how the medical marijuana law might impact current policy and operations. Overview of State Law […]
Ohio Attorney General Issues Opinion on Property Valuation Settlements
The Ohio attorney general recently published an opinion that addressed several questions regarding property valuation settlements when property owners and boards of education contest an auditor’s value (O.A.G. No. 2018-011). A party such as a board of education or a property owner who contests an auditor’s property valuation will begin by filing a complaint with […]
First Amendment Free Speech Rights: Can Student Athletes #TakeTheKnee?
During a speech in Alabama on September 22, President Trump made some comments that provoked a number of professional athletes to kneel or sit – or even stay in the locker room – during the national anthem on Sunday’s NFL games. In a nutshell, Trump said that NFL owners should fire their players who disrespect […]
Federal Court Blocks New FLSA Overtime Rule
A federal judge in Texas has granted a nationwide temporary injunction in response to a lawsuit filed by 21 states, including Ohio, to challenge the new Fair Labor Standards Act (FLSA) overtime rule. The court agreed with the plaintiff states that the new rule could cause irreparable harm if it was not stopped before it […]
Proposed Legislation to Address Student Threats of Violence
Senate Bill 297 was proposed by Senator Jim Hughes on March 21, 2016. This Bill seeks to amend Ohio’s student discipline statutes to address threats of violence made by students. The proposed Bill would allow a board of education to adopt a resolution to permit a superintendent to expel a student for up to 60 […]