The Gabbard decision was announced on June 23, 2021 by the Ohio Supreme Court. (Gabbard v. Madison Local Sch. Dist. Bd. Of Edn., Slip Op. No 2021-Ohio-2067) After a 2016 school shooting in the district in which a student emptied a gun in school injuring several students, the school board acted in 2018 to adopt […]
General
Regulations help explain use of ESSER and GEER funds
ESSER/GEER guidance highlights In late May, The U.S. Department of Education released guidance to states and school districts about the use of the multiple federal funds authorized for pandemic response and relief. A review of this guidance clarifies some questions about use of the funds. The guidance itself is not law, but it outlines USDOE […]
SCOTUS Affirms that Schools May Regulate Off Campus Speech – Sometimes…
In a lengthy decision, the Supreme Court of the United States found that a Pennsylvania High School overstepped when it suspended a student from the cheerleading squad for using social media to criticize her exclusion from a spot on the varsity team and a private softball team. The High Court found the school’s actions to […]
Court Finds in Favor of Professor Who Refuses to Utilize Student’s Preferred Gender Pronouns
This case arose because a philosophy professor at Shawnee State University (Portsmouth, Ohio) refused to abide by the University’s policy requiring that he refer students with pronouns corresponding to their gender identity. The professor is a devout Christian whose religious convictions influence his thoughts on human nature, marriage, gender, sexuality, morality, politics, and social issues. […]
School Funding Reform at the Center of Competing State Budget Plans
In early February, the Ohio House introduced HB 1. This bill, often referred to as the Cupp-Patterson Plan, proposes a significant overhaul of the State’s school funding system. Chief among its objectives is developing a per-pupil funding amount that reflects actual costs, moving away from caps and guarantees, committing to a longer-term plan, and accounting […]
BWC Retaliation Case
Creveling v. Lakepark Industries, Inc., 2021-Ohio-764 The Sixth Appellate District Court of Appeals has rendered a decision denying an employee’s claims of workers’ compensation retaliation and disability discrimination, among some other related claims. The employee at issue was a tool and die maker. He was injured while using a machine that had rotating parts which […]
Ohio Court Denies Temporary Restraining Order to Halt Return to In-Person Instruction
Earlier this month, a judge in Hamilton County sided with the Board of Education of the Cincinnati Public School District (“Board”) when she denied the Cincinnati Federation of Teachers’ (“Union”) motion for a temporary restraining order and preliminary injunction that sought to delay the return to in person learning. Cincinnati Fed. of Teachers v. Bd. […]
Can schools discipline students for offensive social media posts? The U.S. Supreme Court will decide in B.L. v. Mahanoy Area School District
Written by: Liz Hudson The U.S. Supreme Court recently agreed to hear a First Amendment case about student social media use related to extracurricular activities. In June, 2020, the Third Circuit Court of Appeals affirmed a lower court’s ruling in favor of a student who was removed from the cheer team after making offensive social […]
Ennis Britton Proudly Welcomes Kyle Wheeler
Ennis Britton is delighted to announce that Kyle Wheeler, Esq., has joined the law firm. In addition to practicing in all areas of school law, Kyle joins the Special Education and Construction and Real Estate Practice Groups of Ennis Britton. Kyle is not new to the firm or our clients, having clerked with Ennis Britton […]
Ohio Court Upholds Picketing at Homes and Places of Employment of Public Officials
The Ohio Court of Appeals for the Eleventh Appellate District recently addressed a dispute between the Portage County Educators Association for Developmental Disabilities-Unit B, OEA/NEA and the Portage County Board of Developmental Disabilities. During a labor dispute, members of the union picketed on sidewalks outside the private residences of six Board members and outside […]