Category Archives: Blog Archives

OSC and SPK Present Series of Legal Updates

For the second year in a row, the Ohio Schools Council is offering a Legal Seminar Series presented by Smith Peters Kalail Co., L.P.A.  The seminars cover relevant school law issues and are offered at no cost to OSC and GCSSA members. The most recent topic presented on December 14, 2016, was Legal Issues Related [...]

House Bill 410 Brings Significant Changes to Ohio’s Truancy Law

Last month, the legislature passed a law revamping Ohio’s truancy law.  House Bill 410, which effectively decriminalizes truancy, is currently waiting for the Governor’s signature.  The bill shifts the burden back to schools to take additional steps to bring students to class before utilizing the court system.  Proponents of the bill hope that the revisions [...]

U.S. Department of Education proposes new IDEA regulations to address disparate treatment of disabled students of color

On February 23, 2016, the U.S. Department of Education proposed new IDEA regulations to address the disparate treatment of students of color who have disabilities.  The proposed regulation is meant to address two disparities identified by USDOE.  First, students of color are disproportionately more likely to be identified as children with disabilities.  Second, disabled students [...]

Construction class teacher is immune from liability for student’s table saw injury.

Student sued school board and construction class teacher after student cut his fingers while using a table saw in class.  At the beginning of the semester, the teacher taught and demonstrated the safe use of power tools, discussed literature about power tool safety, and required all students to read a textbook that included information on [...]

A student who experiences trauma in his home or neighborhood may be disabled under Section 504 and entitled to accommodations

In a closely watched case from California, a federal judge refused to dismiss a complaint against the Compton Unified School District claiming that the District discriminated against students who were disabled because they were traumatized after witnessing or experiencing violence and other events in their homes and neighborhoods.  The students, who sought to be named [...]

Non-tenured, nonteaching employee is not entitled to a public pre-termination hearing

A Board adjourned to executive session to discuss the possible termination of its data coordinator, who was a non-tenured, nonteaching employee, in spite of employee’s legal counsel’s objection and request that the entire hearing be in public.  The Board returned to public session to hear employee’s legal counsel presentation.  The Board deliberated in executive session [...]