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. […]
Education Law Blog
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 […]
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 […]