Ensuring Graduation Ceremonies Are Accessible to All Viewers
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...
Ohio Supreme Court Upholds School District Takeover Law
On May 13, 2020, the Ohio Supreme Court upheld House Bill (HB) 70, which was passed in 2015 by the 131st General Assembly. HB 70 is a school takeover bill that gave sweeping powers to an appointed CEO in districts that struggled to meet overall state report card...
Sixth Circuit Finds a Constitutional Right to a Basic Minimum Education
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...
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...
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...
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...
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...
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...
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)...
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...
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.
COVID-19 Update: Frequently Asked Questions
As we continue to receive updates and navigate the changing circumstances day-to-day, we would like to brief you about some of the questions we have been receiving from schools around the State: Can we continue to pay hourly staff members if on extended closure? R.C....
COVID-19 Update: Public and Student Records Requests During a Pandemic
Review guidance on the release of personally-identifiable student information to parents, students, the health department and the media during a health and safety emergency.
COVID-19 Update: What About Required 504 or IEP Meetings?
It should come to no one’s surprise that the state and federal laws do not allow for exceptions to the required timelines for ETRs, IEPs, etc. As discussed in other posts, in December 2009, in response to the H1N1 pandemic, the U.S. Department of Education issued a...
COVID-19 Update: Maintaining School Operations During Pandemics
How long can the school district cancel school? Provisions of Ohio law govern how long a school year must be. A school year begins on July 1st of each year and ends on June 30th of the next year. R.C. 3313.48 provides that schools must be open for instruction for a...
COVID-19 Update: Services for Special Education Students
UPDATE (3/12/20 at 6:20 PM): At 6 PM on March 12 the US Department of Education released new guidance on special education and COVID-19 that is available here. In the past 48 hours it seems as if the already rapidly developing story of COVID-19, or novel coronavirus,...
COVID-19 Update: School Board Meetings During a Pandemic
UPDATED APRIL 1, 2020 On March 11, 2020, the World Health Organization officially declared that COVID-19, a novel coronavirus, has become a pandemic. We anticipate that this virus will pose many challenges to school districts and communities in the coming weeks and...
National Initiative to Address Sexual Assault in Schools
Last week, U. S. Secretary of Education Betsy DeVos announced plans for a new compliance review and data collection initiative to address the rise in sexual assaults in K-12 education, this time targeting the actions of adult employees toward school students. ...
UPDATE – Legislators Grapple with EdChoice Program Expansion Amendments
Efforts to curb the impact of EdChoice accelerated towards the end of January as legislators in the Senate and House searched for ways to reduce the negative financial impact that the program is anticipated to have on Ohio’s public schools starting next year....
Unemployment Claims and “Independent Contractors”
Generally, employees in Ohio are eligible to receive unemployment benefits if they are laid off from their place of employment. However, under Ohio law, if you are an “independent contractor,” you are precluded from receiving those benefits. The Eleventh District...
New Guidance on Privacy for Student Education and Health Records
The U.S. Department of Education and the Office for Civil Rights at the U.S. Department of Health and Human Services recently released updated guidance regarding the application of the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance...