Category Archives: Blog Archives

Leaving High School Students Unsupervised for Six Minutes is Not Good and Just Cause for Teacher Termination

The Ohio Third District Court of Appeals recently affirmed a trial court’s decision that leaving high school students unsupervised in the classroom for six minutes was not good and just cause for the termination of the teacher’s employment, even when one student assaulted another during the teacher’s absence.  In Badertscher v. Liberty-Benton School District Board [...]

Ohio Supreme Court to Decide Whether Electronic Mail Between Board Members Can Constitute an Illegal Public Meeting

The Ohio Supreme Court has agreed to hear an appeal that will decide whether electronic mail between board members may constitute an illegal public meeting.  In White v. King, 2014-Ohio-3896, the Ohio Court of Appeals from the Fifth District held that four board members did not violate the Sunshine Law’s prohibition on closed meetings by [...]

David Smith named 2015 Cleveland Education “Lawyer of the Year”

Smith Peters Kalail Co., L.P.A. is proud to announce that BestLawyers has named David Kane Smith as the Cleveland Education “Lawyer of the Year” for 2015.  David represents public school boards in all aspects of school and employment law, including labor negotiations, arbitration, and personnel matters.  He is the coordinator of the firm’s litigation section, [...]

Names of replacement teachers hired during a strike are public records that must be released once the threat of harm to the teachers has dissipated

On March 25, 2015, the Ohio Supreme Court issued its decision in State ex rel. Quolke v. Strongsville City School District Board of Education, ___ Ohio St.3d ___, 2015-Ohio-1083 (2015), holding that the Board was required to release the names of replacement teachers hired during a strike once the threat of harm to those teachers [...]

U.S. Department of Education Releases Student Privacy Guidelines for Schools Using Online Services

When districts contract with companies providing online services, they typically negotiate a Terms of Service or “TOS” agreement addressing what each user must consent to before accessing the programs.  Students and teachers accept these services by clicking “I agree” the first time they use the service or mobile application.  Because these agreements typically control which [...]

Office for Civil Rights Issues Guidance about Students with Limited English Proficiency

The Office for Civil Rights (OCR) recently issued a Dear Colleague letter addressing districts’ obligations towards English Learners (EL) in their schools.  In this letter, OCR focuses on ten specific areas and delineates common challenges in each.  For example, the letter explained districts’ obligation to identify and assess students, provide them with appropriate language assistance [...]