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Ennis Britton Co., L.P.A.

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SCHOLARS IN EDUCATION LAW
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Education Law Blog

New Federal Guidance from OSEP: a COVID-19 Q&A

October 2, 2020 by Jeremy Neff

The U.S. Department of Education’s Office of Special Education Programs (OSEP) published a new COVID-19 Q&A on September 28, 2020 (OSEP QA 20-01). While OSEP explicitly cautions that the Q&A “is intended only to provide clarity to the public regarding existing requirements,” it nonetheless provides insights on how long-standing rules and laws will be applied […]

Filed Under: COVID-19 (Coronavirus), General, Special Education Tagged With: Coronavirus, IDEA, Special Education

FFCRA leave guidance changes now effective

September 16, 2020 by Hollie Reedy

DoL issues new rule interpreting FFCRA leave provisions, including intermittent leave and notice of leave.

Filed Under: COVID-19 (Coronavirus), General, Labor and Employment Tagged With: Coronavirus, Department of Labor, EFMLEA, EPSLA, families first coronavirus response act, FFCRA, FMLA, FMLA leave

Injunction Seeking to Prevent Implementation of Title IX Regulations Denied

September 8, 2020 by Gary Stedronsky

The U.S. District Court in the Southern District of New York recently denied a request for a preliminary injunction to prevent new Title IX regulations from becoming effective on August 14, 2020. In general, Title IX prohibits discrimination on the basis of sex in schools. It is often used in sexual harassment claims of students […]

Filed Under: General

Court Denies Unemployment Benefits to Striking Employees

August 14, 2020 by Ryan LaFlamme

In somewhat of a novelty decision, the Fifth District Court of Appeals of Ohio has upheld a trial court decision affirming the denial of unemployment benefits to 51 non-teaching employees who went on strike after OAPSE and the Board of Education were unable to reach an agreement on a successor contract. In Ohio, employees are […]

Filed Under: General, Labor and Employment, Unemployment

Constitutional Right to a Basic Minimum Education

June 29, 2020 by Robert McBride

Does a Constitutional right to a basic minimum education exist? The question has been repeatedly discussed by the Supreme Court of the United States but never decided. For states under the jurisdiction of the Sixth Circuit Court of Appeals, including Ohio, Michigan, Kentucky, and Tennessee, the Sixth Circuit recognized such a right for twenty-six days. […]

Filed Under: General, School Management, Student Education and Discipline Tagged With: basic minimum education

Schwendeman v. Marietta City Schools

June 29, 2020 by Erin Wessendorf-Wortman

The United States District Court for the Southern District of Ohio recently ruled in favor of a school district when an employee brought disability discrimination and retaliation claims after he was terminated for working for the local police department while being out on sick leave. Schwendeman v. Marietta City Schools, S.D. Ohio No. 2:18-CV-588, 2020 […]

Filed Under: Board Policy & Representation, General, Labor and Employment Tagged With: Disability, paid sick leave, Schwendeman v. Marietta City Schools, sick leave

U.S. Supreme Court: Title VII Prohibits Termination Based on Sexual Orientation

June 18, 2020 by Bronston McCord

On June 15, 2020, in the consolidated matters of Bostock v. Clayton County, Georgia, Altitude Express v. Zarda, and R.G.& G.R. Harris Funeral Homes v. EEOC, et al, the United States Supreme Court ruled in a 6-3 decision that an employer who fires an individual employee merely for being gay or transgender violates Title VII […]

Filed Under: General, Labor and Employment, Legislation

Tenth Appellate District: Workers’ Compensation

June 16, 2020 by Ryan LaFlamme

Workers’ Compensation practitioners and school benefits employees alike know that temporary total disability, and particularly the concept of voluntary abandonment of employment, are difficult areas of Workers’ Compensation law in Ohio. The Tenth Appellate District could not have framed the difficulty more succinctly than it did in a recent decision wherein the Court stated the […]

Filed Under: General, Labor and Employment, Workers’ Compensation Tagged With: BWC

UPDATE: Sixth Circuit Finds a Constitutional Right to a Basic Minimum Education

May 27, 2020 by Ryan LaFlamme

On May 6, 2020, we reported to you that a panel of the U.S. Court of Appeals for the Sixth Circuit issued a decision holding that there is a fundamental right to a “basic minimum education” that is potentially violated when the state fails to provide adequate public schools. As a follow up to that […]

Filed Under: General, School Management Tagged With: basic minimum education, due process, equal protection, fourteenth amendment, sixth circuit

Ensuring Graduation Ceremonies Are Accessible to All Viewers

May 18, 2020 by Jeremy Neff

In light of ongoing bans on mass gatherings, many school districts are moving to a graduation ceremony plan that involves a video or other online elements (e.g. video, PowerPoint, etc.). While virtual commencements may be almost unheard of prior to this spring, there are long-standing legal requirements that apply to this format just as they […]

Filed Under: COVID-19 (Coronavirus), General, School Management Tagged With: Accessibility, Accomodations, ADA, Coronavirus, COVID-19, Graduation, Online Graduation

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