Sixth Circuit Sides with Parent in Free Speech Case

Sixth Circuit Sides with Parent in Free Speech Case

by | Sep 14, 2023 | General, Legislation

McElhaney v. Williams (August 25, 2023).

In a late August decision , the Sixth Circuit reversed a District Court’s decision, finding in favor of a parent’s First Amendment rights, and sending a message to schools and their athletics staff regarding how they ban parents from property and events.

A school district in Tennessee found itself in federal court after it suspended a parent from attending a week’s worth of softball games. The parent, whose child played on the high school softball team, sent two lengthy texts to the coach discussing his frustration after the coach had benched his child. Subsequently, the school banned the parent from attending any softball games the following week after finding that the text messages were inappropriate and violated team policy. The parent sued the district, arguing that the district retaliated against him for exercising his constitutionally protected right to free speech.

Reviewing the District Court’s opinion, which sided with the school, the Sixth Circuit stated that the First Amendment has long protected citizen’s right to criticize public officials. The Sixth Circuit elaborated that that protection extends to parents, meaning that “schools cannot regulate the content of the parents’ speech about their child to a school employee who interacts with the child.”

The school district argued that schools have an interest in avoiding disruption, and the Sixth Circuit agreed; however, it stated that the school’s interest does not apply “to run-of-the the mill adult speech targeting school officials.” Additionally, the district argued that it had an informational sheet that it had sent out, which specifically stated that parents and coaches were not allowed to discuss playing time. However, the Sixth Circuit found that an information sheet does not override a parent’s constitutional rights. In the end, the Sixth Circuit found the speech was critical of a coach’s actions, but the speech was not threatening, harassing or disruptive, and, therefore, was protected by the First Amendment.

What does this mean for your district?

The Sixth Circuit was clear in the conclusion of its opinion:
“in this situation, it is clearly established at a low level of generality that a school official may not retaliate against the parent for the content of his speech.”

Districts should be aware that even if a school or team policy bars parents and coaches from discussing playing time, parents maintain a constitutionally protected right to address their concerns provided they do so in a non-harassing, non-threatening and non-disruptive manner. Districts should educate their staff on parents’ free speech rights, especially when it comes to parents’ right to air grievances regarding their student-athletes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

“Erin’s Law” Sets New Staff Training Requirements

“Erin’s Law” Sets New Staff Training Requirements

by | Sep 14, 2023 | General, Legislation

“Erin’s Law,” originally House Bill 105, was inserted into a criminal justice bill, Senate Bill 288, and was passed in January 2023, and effective in April 2023. It amended ORC 3313.60 to include child sexual abuse and violence prevention training and education for schools beginning in the 2023/2024 school year.

With the school year starting, it is important that your school district is aware of the training/education requirements contained in this law, and also of the parental notices and specifics on who provides the training/education for staff.

Specifically, ORC §3313.60 now requires school districts to provide instruction in child sexual abuse prevention and sexual violence prevention to students as follows:
– Public schools must annually provide developmentally appropriate instruction in child sexual abuse prevention for grades K-6.
– Public schools must include developmentally appropriate instruction in sexual violence prevention education for grades 7-12.
– Public schools are prohibited from providing instruction in child sexual abuse prevention to students in grades K-6 connected with an individual, entity, or organization that provides, promotes, counsels, or makes referrals for abortion or abortion-related services.
– Public schools must notify the parents or guardians of students who receive instruction related to dating violence prevention and sexual violence prevention that:

  • It is required curriculum;
  • Parents or guardians may examine the instructional materials, upon request; and
  • A student may be excused from the instruction upon the parent or guardian’s written request.

– ODE must provide on its website links to free curricula addressing sexual violence prevention to assist schools in developing their curricula.
ODE’s website last updated August 18th – https://education.ohio.gov/Topics/Student-Supports/Creating-Caring-Communities/Child-Sexual-Abuse-Dating-Violence-Sexual-Violence

Erin’s Law also requires the following in-service training for staff:

Training on child sexual abuse incorporated into the current mandated 4-hour, in-service training which includes the prevention of child abuse, violence, and substance abuse and the promotion of positive youth development for teachers and other professionals as outlined in ORC §3319.073. The child sexual abuse training must be:

  • Presented by law enforcement officers or prosecutors who have experience in handling cases involving child sexual abuse or child sexual violence.
  • Provided to each person employed by any school district or service center to work in a school as a nurse, teacher, counselor, school psychologist, or administrator.
  • Completed within two years of commencing employment with the district or center, and every five years thereafter.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ohio Court Rejects Parent and Student Challenge to Bathroom Policy Accommodating Transgender Students

Ohio Court Rejects Parent and Student Challenge to Bathroom Policy Accommodating Transgender Students

by | Sep 13, 2023 | Board Policy & Representation, General, Legislation

A school district in Ohio adopted a policy that allowed transgender students to use the bathroom that matches their gender identity. A group of middle school parents and students opposed to the policy filed a federal lawsuit in 2022. Their primary argument was that the policy infringed on their free exercise of religion, but other arguments were also put forth, such as an alleged Fourteenth Amendment violation for interfering with the parents’ right to raise their children as they see fit.

The U.S. District Court for the Southern District of Ohio dismissed the lawsuit on August 7, 2023. The court found that the religious infringement claims failed because the school district’s policy was neutral and did not impose a substantial burden on their religious practice. The court found that there was no allegation that the school district adopted this policy to suppress religious beliefs. The court also noted that the policy was adopted to prevent what the school district believed to be discrimination on the basis of sex, not to suppress religious beliefs.

As for the Fourteenth Amendment claim, the Court found that parents have a right to control where their children go to school but they do not have a right to dictate how a public school educates their children or how it operates its facilities. In other words, prescribing the use of student bathrooms is a school decision to make, not a parent decision to make.

What does this mean for your district?

This decision means that the school district’s policy of allowing transgender students to use the bathroom that matches their gender identity can stay in place. The plaintiffs have the right to file an appeal. Ennis Britton will continue to monitor this case as it progresses further on appeal.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Career Tech Corner: The Clery Act and Ohio Technical Centers

Career Tech Corner: The Clery Act and Ohio Technical Centers

by | Sep 13, 2023 | General, Legislation

The Clery Act, formally known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, is a federal law that aims to promote campus safety by requiring colleges and universities that receive federal funding to disclose information about crime on and around their campuses. The law is named after Jeanne Clery, a college student who was sexually assaulted and murdered in her dormitory in 1986. Here’s why the Clery Act matters to Ohio Technical Centers (OTCs):

1. Campus Safety and Transparency: The Clery Act promotes campus safety and transparency by requiring OTCs to disclose accurate and comprehensive information about crime on and around their campuses. This information helps students, staff, and prospective students make informed decisions about their safety and well-being.

2. Student and Staff Awareness: By providing information about crime statistics, safety policies, and emergency procedures, the Clery Act ensures that students and staff are aware of potential risks and know how to respond to emergencies. This awareness can contribute to a safer and more secure learning and working environment.

3. Prevention and Preparedness: OTCs must develop and implement safety policies, crime prevention programs, and emergency response plans. This encourages OTCs to proactively address safety concerns, prevent criminal activity, and be prepared to respond effectively to emergencies.

4. Timely Warnings and Emergency Notifications: The Clery Act requires OTCs to issue timely warnings to the campus community about certain ongoing threats and to provide emergency notifications during significant incidents. This rapid communication helps individuals take appropriate actions to stay safe.

5. Accountability and Compliance: Compliance with the Clery Act is a condition for receiving federal funding. OTCs that fail to meet Clery Act requirements may face financial penalties and potential loss of federal funds. This accountability ensures that OTCs take the law seriously and prioritize campus safety.

6. Public Perception and Reputation: Non-compliance with the Clery Act can negatively impact an institution’s reputation and public image. Demonstrating a commitment to Clery Act compliance can help OTCs build trust with students, parents, and the community.

7. Student and Staff Well-Being: Ultimately, the Clery Act aims to create a safer and more secure environment for students, staff, and visitors at OTCs. By adhering to Clery Act requirements, OTCs contribute to the overall well-being and quality of life for their campus community members.

In summary, the Clery Act is essential for Ohio Technical Centers and other educational institutions to ensure a safe and transparent learning environment. Compliance with the Clery Act helps OTCs fulfill their responsibility to provide accurate information, promote campus safety, and respond effectively to security concerns and emergencies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Short Series Podcast: Transgender K-12, Staff Rights and Obligations

by | Aug 17, 2023 | General

In the final episode of the series, Erin and Giselle get into the “nitty gritty” of staff rights with regard to transgender students in K-12. The discussion centers on recent cases pertaining to staff rights of speech, expression and religion and the importance of considering the right weights when balancing staff rights against student rights

You can also listen here or wherever you get your podcasts. Thanks for listening! Look for new Short Series podcasts in the coming months! If you have a question or suggested topic, please email podcast@ennisbritton.com.