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Ennis Britton Co., L.P.A.

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Education Law Blog

BWC Retaliation Case

April 9, 2021 by Ryan LaFlamme

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 […]

Filed Under: General, Labor and Employment, Workers’ Compensation Tagged With: BWC, disability discrimination, employee termination, injury, worker's compensation

Pandemic relief bill Sub. HB 67

March 30, 2021 by Hollie Reedy

This won’t be the last of the pandemic response bills, but Sub. HB 67 recently was passed on a fast track through the Ohio House and Senate, sent to the Governor and signed by him on March 20, 2021.  The bill has an emergency clause, so it is effective immediately.  It provides numerous changes in […]

Filed Under: COVID-19 (Coronavirus), Legislation Tagged With: COVID-19 fliexibiliy, pandemic relief for schools

Ohio Court Denies Temporary Restraining Order to Halt Return to In-Person Instruction

March 1, 2021 by Kyle Wheeler

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. […]

Filed Under: Board Policy & Representation, COVID-19 (Coronavirus), General, School Management Tagged With: COVID-19, in-person learning

Can schools discipline students for offensive social media posts? The U.S. Supreme Court will decide in B.L. v. Mahanoy Area School District

February 22, 2021 by Gary Stedronsky

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 […]

Filed Under: General, Student Education and Discipline Tagged With: extracurricular, first amendment, free speech, social media, student education and discipline

Ennis Britton Proudly Welcomes Kyle Wheeler

February 9, 2021 by Giselle Spencer

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 […]

Filed Under: General

Ohio Court Upholds Picketing at Homes and Places of Employment of Public Officials

January 15, 2021 by Gary Stedronsky

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 […]

Filed Under: General, Labor and Employment Tagged With: free speech, labor relations dispute, picketing, SERB

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

Ohio Supreme Court Affirms Decision That The Ohio Student Privacy Act Forbids Release of Student Records of Deceased Student

November 6, 2020 by Erin Wessendorf-Wortman

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 […]

Filed Under: General, Legislation Tagged With: FERPA, student records

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