In November of 2020, we discussed a workers’ compensation case regarding temporary total disability (TTD) payments. The issue in the case was whether an injured worker is entitled to TTD payments if the worker rejects a good faith offer of suitable alternative employment from his or her employer. In the case at issue, the night […]
General
Updates to Ohio Legislation
The House in in Session. What’s on Their Docket? A Lot. There are a number of education-related bills or bills that will otherwise impact public schools in Ohio currently being considered in the General Assembly. Here is a breakdown of what’s happening. House Bill 244 HB 244 was signed into law in July and goes […]
TikTok Challenges on the Rise
Social media is a powerful tool often used to influence others – and not always for the good. Reports have surfaced across the country of school vandalism from students participating in the “devious lick” challenge circulating on TikTok. As if teachers didn’t have enough to deal with as they navigate a new school year, the Slap […]
Providing Public Records Requests from Your School Databases
A public records request was filed with Columbus City Schools (CCS) on December 29, 2020, seeking information about teacher absences and its substitute coverage. The request specifically asked for information for the school years ending in 2018, 2019, and 2020. On January 22, 2021, a follow-up email was sent stating the records had not yet […]
Managing Contracted Employees when a Reduction in Force is Necessary
A Court of Appeals recently reinstated a lawsuit brought by four Dayton Public School employees who were laid off pursuant to a reduction in force (RIF). Under district policy, the former employees were required to receive written notice of open positions they qualified for within two years of the date of their layoff. In May […]
Guidance of IDEA Amidst COVID-19 Pandemic
The U.S. Department of Education’s (DoE) Office of Special Education and Rehabilitative Services (OSERS) issued a dear colleague letter on August 24 reiterating its commitment that children with disabilities and their families have successful early intervention and educational experiences for the 2021-22 school year. As it did last year in a Q&A document released on […]
School Resource Officers – Are They Privy to Student Records?
School resource officers (SRO) play a vital role in ensuring that schools are safe and welcoming places where all students can learn. So how much information do they really need to know about school records of the children for which they serve? The answer may seem obvious, but let’s take a look into the fine […]
School Mask Mandate Updates – September
U.S. DOE’s Office for Civil Rights Enters the Fray by Initiating Discrimination Investigations Against States with Mask Prohibitions On Monday, August 30, the U.S. Department of Education’s Office for Civil Rights (OCR) opened investigations into five states that prohibit schools from setting universal mask mandates. Letters were sent to the chief state school officers of […]
Sixth Circuit Court of Appeals Refuses to Enjoin a Mask Mandate Lacking a Religious Exemption
On August 23, the United States Court of Appeals for the Sixth Circuit weighed in on the constitutionality of mask mandates lacking a religious exemption. A Michigan school challenged the mandate in place by the state’s Department of Health and Human Services, stating the order was a violation of their free exercise of religion, equal […]
Are Teachers Breaking the Rules Recording Students on Their Personal Cell Phones in Class?
A complaint was recently filed with the Student Privacy Policy Office (SPPO) alleging a Family Educational Rights and Privacy Act (FERPA) violation when two teachers recorded students in the classroom on their personal cell phones. Students’ education records are protected under FERPA. The term “education records” is defined, with certain exclusions, as those records that […]