In somewhat of a novelty decision, the Fifth District Court of Appeals of Ohio has upheld a trial court decision affirming the denial of unemployment benefits to 51 non-teaching employees who went on strike after OAPSE and the Board of Education were unable to reach an agreement on a successor contract. In Ohio, employees are […]
Tenth Appellate District: Workers’ Compensation
Workers’ Compensation practitioners and school benefits employees alike know that temporary total disability, and particularly the concept of voluntary abandonment of employment, are difficult areas of Workers’ Compensation law in Ohio. The Tenth Appellate District could not have framed the difficulty more succinctly than it did in a recent decision wherein the Court stated the […]
UPDATE: Sixth Circuit Finds a Constitutional Right to a Basic Minimum Education
On May 6, 2020, we reported to you that a panel of the U.S. Court of Appeals for the Sixth Circuit issued a decision holding that there is a fundamental right to a “basic minimum education” that is potentially violated when the state fails to provide adequate public schools. As a follow up to that […]
Sixth Circuit Finds a Constitutional Right to a Basic Minimum Education
A panel of the U.S. Court of Appeals for the Sixth Circuit issued a 2-1 decision holding that the Fourteenth Amendment’s Due Process Clause protects a fundamental right to a “basic minimum education” that is potentially violated when the state fails to provide adequate public schools. The Sixth Circuit has jurisdiction over Ohio, Michigan, Kentucky, […]
Courts Continue to Uphold Political Subdivision Immunity in Favor of School Boards
In two recent cases, a court of appeals has upheld political subdivision immunity in favor of school boards who have been sued by students and/or their parents. In the first case, decided on March 26, 2020, the Court of Appeals for the Tenth District found in favor of the school board when the board requested […]
COVID-19 Update: Changes in Unemployment Law
Districts should expect to see a rise in unemployment claims due to the current pandemic. Ohio received 187,000 claims during the week of March 15-21. Substitutes, in particular, are likely to make claims during this time. Governor DeWine has issued an order (EO 2020-03D) to ease the process of obtaining unemployment benefits. Employees who are […]
COVID-19 Update: Frequently Asked Questions
As we continue to receive updates and navigate the changing circumstances day-to-day, we would like to brief you about some of the questions we have been receiving from schools around the State: Can we continue to pay hourly staff members if on extended closure? R.C. 3319.081 provides that “All nonteaching employees…shall be paid for all […]
Court of Appeals Disagrees That a Student’s Right to Privacy Ends Upon Death
A dispute over the disclosure of student records has led to the Court of Appeals for Ohio’s Second Circuit to analyze whether a student’s right to privacy in education records extinguishes upon death. Both federal and state laws protect the confidentiality of student education records and personally identifiable information. The Family Educational Rights and Privacy […]
Student Dress Code
A Federal District Judge recently ruled that a charter school dress code policy which required girls to wear skirts and prohibited girls from wearing pants or shorts, violates the equal protection clause of the U.S. Constitution. Many challenges in the past have rested on First Amendment grounds regarding freedom of expression. However, this case was […]
Sick Leave Donation Program
The Ohio Attorney General has released a formal opinion finding that the board of education of a joint vocational school district (JVS) has no authority to establish a sick leave donation program for non-teaching employees of the district who are not members of a collective bargaining unit. The JVS explained its donation program to the […]