A panel of the U.S. Court of Appeals for the Sixth Circuit issued a 2-1 decision holding that the Fourteenth Amendment’s Due Process Clause protects a fundamental right to a “basic minimum education” that is potentially violated when the state fails to provide adequate public schools. The Sixth Circuit has jurisdiction over Ohio, Michigan, Kentucky, […]
Education Law Blog
Ohio Ethics Commission Finds Potential Violation of Ethics Law
A new formal opinion of the Ohio Ethics Commission was issued on April 17, 2020. It concludes that disclosures of discussions of a public body held in a properly-convened executive session that are legally confidential (pursuant to a statute) or designated as confidential reasons that are necessary and warranted may be found to be a […]
Revised Orders Issued by the Ohio Department of Health Director
On April 30th, 2020, the Ohio Department of Health Director, Dr. Amy Acton, issued two revised orders that will impact school operations at least in the short term. These orders will cover school operations through June 30th at a minimum. It’s a wrap – concluding school operations for 2019-2020. The first order directs schools to […]
IDEA Flexibility Amidst COVID-19
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress on March 27, 2020. Part of the act directs U.S. Education Secretary Betsy DeVos to submit a report to Congress. The report, that must be submitted by the end of April, is to make recommendations for any additional waivers that might be […]
Courts Continue to Uphold Political Subdivision Immunity in Favor of School Boards
In two recent cases, a court of appeals has upheld political subdivision immunity in favor of school boards who have been sued by students and/or their parents. In the first case, decided on March 26, 2020, the Court of Appeals for the Tenth District found in favor of the school board when the board requested […]
COVID-19 Update: Relief for Student Loan Borrowers
On March 25, 2020, U.S. Secretary of Education Betsy DeVos announced efforts to increase flexibility regarding payments for student loan borrows. The efforts are to ensure that borrowers will not endure additional stress in making ends meet during the unprecedented and burdensome times we are in. The flexibility will be for no less than 60 […]
COVID-19 Update: Changes in Unemployment Law
Districts should expect to see a rise in unemployment claims due to the current pandemic. Ohio received 187,000 claims during the week of March 15-21. Substitutes, in particular, are likely to make claims during this time. Governor DeWine has issued an order (EO 2020-03D) to ease the process of obtaining unemployment benefits. Employees who are […]
COVID-19 Update: Unemployment Coverage for Public Entities
Many public employers are considering staffing adjustments in light of the coronavirus and its impact on available work. For those employees not covered under contracts that must be paid in the case of an “epidemic or other public calamity” pursuant to RC 3319.08(B) and 3319.081(G), layoffs are being contemplated. In order to have all the […]
Doe v. Ohio Department of Education
The long-running Doe v. Ohio Department of Education litigation was back in the news earlier this month. The settlement became final and effective nearly three decades after the lawsuit was initially filed. Ennis Britton previously notified clients of the proposed settlement in December when the Ohio Department of Education’s Chief Legal Counsel sent a notice […]
COVID-19: FMLA Leave Expansion and Emergency Paid Sick Leave
Review the Families First Coronavirus Response Act’s provisions expanding FMLA leave and providing emergency paid sick leave and their applicability to Ohio school districts.