6th Circuit Temporarily Pauses Implementation of New Title IX Regulations
Tennessee v. Cardona, 2024 U.S. Dist. LEXIS 106559 A federal district court judge in Kentucky issued a preliminary injunction on June 17, 2024 against the Department of Education’s new 2024 Title IX regulations that are set to go into effect on August 1, 2024. The...
Gender Equity Under Scrutiny: 4th Circuit Questions Law Prohibiting Transgender Girls from Competition
B.P.J. v. W. Va. State Bd. of Edn., 98 F.4th 542 (4th Cir. 2024). On April 16, 2024, the 4th Circuit Court of Appeals issued a split decision holding that West Virginia’s Save Women’s Sports Act (the Act) violated Title IX as applied to the plaintiff. The 2022 state...
Special Education Update: IDEA Does NOT Take a Summer Recess
Most educators were ready for a much deserved break as soon as the final school buses leave the building. While some things may resume at the start of the next school year, many mandates of the Individuals with Disabilities Act and Ohio Operating Standards do not take...
Update on New Guidance Regarding Joint Purchasing Programs Under Revised Code Section 9.48
For those of you familiar with the web of statutes and Ohio Attorney General opinions regarding competitive bidding and cooperative purchasing for construction and other services, the Ohio Attorney General (“OAG”) recently added a new section to the web. For those of...
Ohio Court Emphasizes Need for Flexibility in Administrator Contracts
State ex rel. Ruble v. Bd. of Edn. of Switzerland of Ohio Local School Dist., 2024-Ohio-1542 The Switzerland of Ohio Local School District was sued by four administrators after their contracts were suspended by the Board of Education in July 2021. The Superintendent...
Special Education Update: Five Key Takeaways from LRP’s School Attorneys Workshop and National Institute
Ennis Britton attorneys Pam Leist, Giselle Spencer, and Jeremy Neff were at the LRP School Attorneys Workshop and National Institute in Savannah, Georgia earlier this month. Pam presented on the topic “Can you Keep a Secret? Navigating Confidentiality Under IDEA, 504,...
EEOC Releases New Guidance on Workplace Harassment
On April 24, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) released new guidance on harassment in the workplace (“the Guidance”). The Guidance takes effect immediately. The Guidance sets forth the EEOC’s position on harassment that constitutes...
Ohio Requires Schools to Adopt New Cell Phone Use Policies
On May 15, 2024, Governor DeWine signed House Bill 250 into law. The law mandates that all Ohio school districts adopt a policy governing students' use of cell phones during school hours. The law is set to take effect on January 1, 2025. The law requires the Ohio...
FLSA Final Rule Changes Salary Threshold
In April 2024, The Department of Labor (DOL) announced a Final Rule increasing the threshold level salary minimum for the “salary test”. (See the DOL document entitled Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales,...
Court Clarifies When SERB has Exclusive Jurisdiction
Tipp City Edn. Assn. v. Tipp City Exempted Village School Dist. Bd. of Edn., 2023-Ohio-4000 After a district issued an unpaid suspension to a teacher following several parental complaints, the Tipp City Education Association (TCEA) filed a grievance alleging that the...
Read it Here! Science of Reading Professional Development Requirements Published
In late March, the Ohio Department of Education and Workforce published guidance for districts on how to fulfill the staff training requirement for the new literacy improvement provision of HB 33. The guidance may be accessed here. That provision...
Special Education Update: Recent Case Highlights the Importance of Paying Attention to Academics
Ohio’s Office for Exceptional Children (“OEC”) found that a district did not meet its child find obligations under the Individuals with Disabilities Education Act (“IDEA”) when it neglected to evaluate a student receiving poor grades and displaying difficulties paying...
Career Tech Corner: CTC Construction Program Builds Interest in Construction Delivery Methods
The last Biennium Budget Bill included grants for the expansion of career technical opportunities. Last fall, the Governor’s office announced that of the 59 applicants for the Career Technical Construction Program, 35 were awarded almost $200 million. This funding...
On the Call: Predetermination
Sidestepping parental input before the IEP meeting can have you stepping into a big rain puddle of trouble. Jeremy and Erin discuss the legalities and implications of predetermination, including a recent case from Maryland where the district’s case was bolstered by...
On the Call: Child Find – Escalating Behaviors
Erin and Jeremy step up to the plate to provide a breakdown of a district's obligations for Child Find under IDEA and Section 504 when escalating behavior occurs. They analyze a recent case from Tennessee where a district prevailed, but the court cautioned against the...
On the Call: When the 504 Plan Falls Short
Navigating the complexities between a 504 that is not working and Child Find under IDEA can feel like walking a very thin tightrope. Erin and Jeremy discuss the legal framework surrounding The Rehabilitation Act, how to differentiate the disabilities covered by 504...
To Block or Not to Block: U.S. Supreme Court Issues A Free Speech Decision Regarding Social Media
On Friday, March 15, 2024, the United States Supreme Court weighed in on the ability of public officials to block critics on social media accounts. In Lindke v. Freed, a unanimous U.S. Supreme Court established a test or factors to consider when determining if...
Special Education Update: DEW Faces Challenges on Multiple Fronts for Systemic Complaint
On February 14th, 2024, the nonprofit advocacy group Disability Rights Ohio (“DRO”) filed a due process complaint against the Department of Education and Workforce (“DEW” or “Department”) for its alleged mishandling of a systemic complaint that involves forty-four...
What You Need to Know About Delta-8 and Potential Legislation
Delta-8, a cannabinoid found in the Cannabis plant and also synthesized in labs, is in the news again. Because Delta-8 is largely unregulated throughout the United States (including in Ohio), it is sometimes legally purchased and used by students. A national study...
Career Tech Corner: Pre-employment Drug Tests and Recreational Marijuana
Last year in Ohio, recreational marijuana was authorized by initiative petition. The state is still in the process of creating a regulatory process that will allow marijuana dispensaries to sell recreational marijuana in addition to medical marijuana. This is...
On the Call: Graduation Deferment
Graduating from high school is a significant milestone for any student, but for special education students, exiting from services can sometimes trigger last-minute deferment requests from parents. Jeremy and Erin discuss what is - and isn't - required of schools under...