Failure to Follow Student Release Policy Proves Costly
A California jury recently awarded a father $2,850,000 after a school district released his son to an unauthorized person who kidnapped the child and took him to Mexico. The school was aware that the student's mother had been deported to Mexico in 2010. Thereafter,...
Time’s Up! Ohio’s Public Schools Must Begin to Implement New Requirements of Budget Bill
On June 30th of this year, Ohio’s governor signed House Bill 59. Many of the non-financial provisions of HB 59 became effective on September 29th, which effectively signaled the beginning of major changes to how public schools operate in the state. A few of the more...
ODE Issues Third Grade Reading Guarantee Guidance
The Ohio Department of Education (ODE) recently published additional guidance to clarify certain provisions of the Third Grade Reading Guarantee. ODE’s guidance addresses minimum achievement levels for promotion to fourth grade, summer and midyear promotion of...
Affordable Care Act Notice to All Employees
Under the Affordable Care Act, school districts must notify all current employees by October 1, 2013, of the availability of health insurance marketplace (i.e. health insurance exchanges). After October 1, 2013, all new hires must be notified within fourteen (14) days...
No Right for Home School Participation in Extracurricular Activities…Yet
A month after Governor Kasich signed HB 59, Ohio’s two-year budget, the dust is starting to settle and certain issues are standing out as of particular concern to our clients. Over the coming days and weeks we will continue to address these issues in our blog posts...
U.S. Supreme Court Favors Employers in Two Discrimination Cases
Vance v. Ball State Univ., 11-556, 2013 WL 3155228 (U.S. June 24, 2013). Univ. of Texas Sw. Med. Ctr. v. Nassar, 12-484, 2013 WL 3155234 (U.S. June 24, 2013). On Monday, June 24, 2013, the U.S. Supreme Court ruled on two cases involving Title VII harassment claims....
Ohio Supreme Court Rules Mental Condition Must be Caused by Physical Injury in Order to be Compensable Under the Workers’ Compensation System
Armstrong v. John R. Jurgensen Co., Slip Opinion No. 2013-Ohio-2237. In a decision released June 4, 2013, the Ohio Supreme Court has affirmed that in order for a mental condition to be compensable under the Ohio workers’ compensation system, a compensable physical...
Tenth Circuit Upholds School “Timeout Room,” No Constitutional Violation
The Tenth Circuit Court of Appeals in Denver recently upheld a school district’s use of a “timeout room” to discipline and briefly restrain a developmentally disabled student with disruptive behavioral issues. The student, J.M., was five years old and was known to...
Court Held Kentucky District Conducted Unlawful Search of Student Cell Phone
The Sixth Circuit Court of Appeals in Cincinnati recently ruled that administrators at a Kentucky school district conducted an unlawful search of a student’s cell phone. The student, who was enrolled as an out-of-district student in the Owensboro Public School...
Alternative to Governor’s Education Plan Introduced in Senate
Earlier this month spreadsheets were released that showed anticipated funding for each school district under Governor Kasich’s budget proposal. These revealed that a majority of districts will not experience any increase in funding. Questions have arisen regarding how...
ODE seeks input on proposed revisions to IDEA
In case you missed it, below is a notice from ODE seeking input on what it should propose for revisions to the federal Individuals with Disabilities Education Act. This should not be confused with the ongoing meetings being hosted by State Support Teams seeking input...
Jason Flatt Act Suicide Prevention Law Effective March 22, 2013
Governor John Kasich signed HB 543, also known as the “Jason Flatt Act,” into law on December 20, 2012. The bill, originally sponsored by the mother of a suicide victim, requires school districts to provide in service training in youth suicide awareness and prevention...
Changes to Student Growth Measures in HB 555
We have recently reported on House Bill 555 which was signed into law by Governor Kasich on December 20, 2012. Certain provisions of the Bill modify the method in which the value-added progress dimension or student academic growth measure must be used to evaluate...
New Ohio Law Aims to Protect Student Athletes from Head Injuries
Over the past several years increased attention has been paid to head injuries and concussions in sports. The NFL seems to capture most of the headlines in this area; however, head injuries can occur in any sport and at any level. Last week, Governor John Kasich...
Governor Signs New School District Grading System Into Law
Yesterday Governor John Kasich signed into law House Bill 555, which replaces the current academic performance rating system for school districts and individual buildings of districts. The new rating system will assign letter grades of “A,” “B,” “C,” “D,” or “F” for...
Organizational Meeting Tips
It’s the time of year when boards of education begin preparing for their annual organizational meetings. City, local, exempted village and JVS districts must hold their organizational meetings by January 15th. Educational Service Centers have until January 31st. ...
Pension Reform Legislation Makes Significant Changes to SERS and STRS
On September 26, the Ohio General Assembly enacted sweeping public pension reform legislation. The legislation consisted of a package of five bills, including Senate bills 341 and 342, affecting the School Employees Retirement System (SERS) and the State Teachers...