Category Archives: Blog Archives

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 […]

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 […]