The pandemic has presented many challenges for all of us this year, including that we will not have the opportunity to gather in person for the Ohio School Board Association’s Capital Conference. In spite of these challenges, the conference will still give us all “virtual” opportunities for connection, learning and conversation. Ennis Britton is proud […]
Education Law Blog
Prepare for Increased Property Valuation Challenges
The COVID-19 pandemic has impacted our lives and businesses in ways we never envisioned. The real estate market has certainly not been spared. Office space, hotels, restaurants and retail establishments have been particularly hard hit. Demand for office space is likely to decline given our adaptation to working at home. As of July 30th, the […]
New Federal Guidance from OSEP: a COVID-19 Q&A
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 […]
FFCRA leave guidance changes now effective
DoL issues new rule interpreting FFCRA leave provisions, including intermittent leave and notice of leave.
Injunction Seeking to Prevent Implementation of Title IX Regulations Denied
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 […]
Court Denies Unemployment Benefits to Striking Employees
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 […]
Constitutional Right to a Basic Minimum Education
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. […]
Schwendeman v. Marietta City Schools
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 […]
U.S. Supreme Court: Title VII Prohibits Termination Based on Sexual Orientation
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 […]
Tenth Appellate District: Workers’ Compensation
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 […]