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 […]
General
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
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 […]
Ohio Supreme Court Affirms Decision That The Ohio Student Privacy Act Forbids Release of Student Records of Deceased Student
In January 2020, we reported to you that the Second Appellate District Court in Ohio ruled that the death of a student does not remove the legal protections of the confidentiality of student records. Find more details from the January 2020 report here. State ex. rel CNN, Inc. v. Bellbrook-Sugarcreek Local School Dist., 2019-Ohio-4187. This […]
Connect with EB at Capital Conference! #OSBACC
The pandemic has presented many challenges for all of us this year, including that we will not have the opportunity to gather in person for the Ohio School Board Association’s Capital Conference. In spite of these challenges, the conference will still give us all “virtual” opportunities for connection, learning and conversation. Ennis Britton is proud […]
Prepare for Increased Property Valuation Challenges
The COVID-19 pandemic has impacted our lives and businesses in ways we never envisioned. The real estate market has certainly not been spared. Office space, hotels, restaurants and retail establishments have been particularly hard hit. Demand for office space is likely to decline given our adaptation to working at home. As of July 30th, the […]
New Federal Guidance from OSEP: a COVID-19 Q&A
The U.S. Department of Education’s Office of Special Education Programs (OSEP) published a new COVID-19 Q&A on September 28, 2020 (OSEP QA 20-01). While OSEP explicitly cautions that the Q&A “is intended only to provide clarity to the public regarding existing requirements,” it nonetheless provides insights on how long-standing rules and laws will be applied […]
FFCRA leave guidance changes now effective
DoL issues new rule interpreting FFCRA leave provisions, including intermittent leave and notice of leave.
Injunction Seeking to Prevent Implementation of Title IX Regulations Denied
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 […]
Court Denies Unemployment Benefits to Striking Employees
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 […]
Constitutional Right to a Basic Minimum Education
Does a Constitutional right to a basic minimum education exist? The question has been repeatedly discussed by the Supreme Court of the United States but never decided. For states under the jurisdiction of the Sixth Circuit Court of Appeals, including Ohio, Michigan, Kentucky, and Tennessee, the Sixth Circuit recognized such a right for twenty-six days. […]