Category Archives: Blog Archives

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 [...]

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, [...]