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 […]
Education Law Blog
Pandemic relief bill Sub. HB 67
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 […]
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 […]
Decision in Favor of School District Against a Requester of Records
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 […]
Court of Appeals: Terminated Teacher Cannot use Mandamus to Overcome a Failure to File an Administrative Appeal
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 […]
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 […]