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Ryan LaFlamme

Decision in Favor of School District Against a Requester of Records

December 15, 2020 by Ryan LaFlamme

Bollinger v. River Valley Local School Dist., 2020-Ohio-6637 A Special Master of the Court of Claims of Ohio has issued a decision in favor of a school district against a requester of records.  The requester was a former employee who was terminated after a discipline investigation.  As part of the investigation, the school district’s attorneys […]

Filed Under: General Tagged With: public records, records request, text messages

Court of Appeals: Terminated Teacher Cannot use Mandamus to Overcome a Failure to File an Administrative Appeal

December 1, 2020 by Ryan LaFlamme

The Third District Court of Appeals of Ohio has affirmed the decision of a trial court granting summary judgment in favor of a board of education against a teacher seeking reinstatement through a mandamus action. Click here to see the case. The teacher was in the Resident Educator Program. At the time, teachers were required to […]

Filed Under: General, Labor and Employment Tagged With: nonrenewal, Teacher Termination

Tenth District Court of Appeals Rules that Employee’s Good Faith Reason for Rejecting Light Duty Offer does not Preclude Termination of Temporary Total Disability Benefits

November 17, 2020 by Ryan LaFlamme

Temporary total disability (TTD) is a wage replacement benefit provided by the Bureau of Workers’ Compensation (BWC) to employees who are temporarily unable to perform the duties of their job due to a work place injury that has been recognized (“allowed”) by BWC. TTD benefits increase the costs of the claim for the employer by […]

Filed Under: General, Workers’ Compensation Tagged With: temporary total disability, Workers' Compensation

Court Denies Unemployment Benefits to Striking Employees

August 14, 2020 by Ryan LaFlamme

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 […]

Filed Under: General, Labor and Employment, Unemployment

Tenth Appellate District: Workers’ Compensation

June 16, 2020 by Ryan LaFlamme

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 […]

Filed Under: General, Labor and Employment, Workers’ Compensation Tagged With: BWC

UPDATE: Sixth Circuit Finds a Constitutional Right to a Basic Minimum Education

May 27, 2020 by Ryan LaFlamme

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 […]

Filed Under: General, School Management Tagged With: basic minimum education, due process, equal protection, fourteenth amendment, sixth circuit

Sixth Circuit Finds a Constitutional Right to a Basic Minimum Education

May 6, 2020 by Ryan LaFlamme

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, […]

Filed Under: General, School Management Tagged With: basic minimum education, due process, equal protection, fourteenth amendment, sixth circuit

Courts Continue to Uphold Political Subdivision Immunity in Favor of School Boards

April 16, 2020 by Ryan LaFlamme

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 […]

Filed Under: General, School Management Tagged With: athletics, coach, immunity, political subdivision, Tenth District

COVID-19 Update: Changes in Unemployment Law

March 27, 2020 by Ryan LaFlamme

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 […]

Filed Under: COVID-19 (Coronavirus), General, Labor and Employment, Unemployment Tagged With: Coronavirus, COVID-19, Pandemic

COVID-19 Update: Frequently Asked Questions

March 19, 2020 by Ryan LaFlamme

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 […]

Filed Under: COVID-19 (Coronavirus), General Tagged With: Coronavirus, COVID-19, Ohio School Operations, Pandemic, self-quarantine, self-reporting

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