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U.S. Department of Education proposes new Title IX regulation regarding participation of transgender students in scholastic athletics

Posted by Daniel R. Shisler | Apr 13, 2023 | 0 Comments

The U.S. Department of Education released a proposed rule regarding eligibility and participation for transgender students in scholastic athletic programs that would prohibit school districts from categorically preventing transgender students from participating on sports teams consistent with their gender identities.

11th Circuit Court of Appeals rules exclusion of transgender students from restrooms not a violation of Title IX; Sets stage for ruling at the High Court

Posted by Daniel R. Shisler | Jan 11, 2023 | 0 Comments

On December 30, 2022, the Court of Appeals for the Eleventh Circuit issued a decision in Adams v. St. Johns County, Florida, holding that exclusion of transgender students from biological gender non-conforming restrooms does not violate the gender non-discrimination prohibitions of Title IX.  Thi...

Supreme Court of Ohio clarifies requirements for entering executive session; Places burden on plaintiff to demonstrate Open Meetings Act violation

Posted by Daniel R. Shisler | Jan 06, 2023 | 0 Comments

The Supreme Court of Ohio’s recent decision in Hicks v. Clermont County clarifies the requirements public bodies must meet for entering executive session, and holds that public bodies shall be presumed to have properly entered executive session absent any evidence of wrongdoing.

School Law Alert: U.S. Department of Education releases guidance to help schools avoid discriminatory discipline of students with disabilities

Posted by Daniel R. Shisler | Jul 25, 2022 | 0 Comments

On July 19, the Secretary of Education, Miguel Cardona, issued a departmental policy letter to the nation’s educators, school leaders, parents, and students addressing the importance of supporting the needs of students with all forms of disabilities.  In conjunction, the U.S. Department of Education’s (“USDOE”) Office for Civil Rights (“OCR”) and Office of Special Education and Rehabilitative Services (“OSERS”) released new resources aimed at assisting schools in avoiding the discriminatory use of discipline against students with disabilities.

U.S. Department of Education Releases Proposed Changes to Title IX Regulations, Invites Public Comment

Posted by Karrie M. Kalail | Jul 06, 2022 | 0 Comments

The U.S. Department of Education released for public comment proposed changes to the regulations that help elementary and secondary schools and colleges and universities implement this vital legislation. The proposed regulations will reinstate and codify aspects of the Obama-era guidance, and provide significant additional protections against discrimination on the basis of sex, particularly for LGBTQI+ students.

H.B. 126 Severely Limits School Districts’ Ability to Participate in Property Valuation Process

Posted by Karrie M. Kalail | Apr 22, 2022 | 0 Comments

On Thursday, April 21, Governor DeWine signed into law House Bill 126 that will all but remove boards of education from the property valuation process. In its final form, H.B. 126 all but excludes district boards of education from participating in the property valuation appeals process.  The law takes full effect beginning in the Tax Year 2022 valuation cycle (calendar year 2023), but currently pending complaints and appeals for Tax Year 2021 and earlier will proceed as normal.

House Bill 616 targets teaching of “divisive or inherently racist” material; borrows concepts from Florida’s controversial “Don’t Say Gay” bill

Posted by Daniel R. Shisler | Apr 10, 2022 | 0 Comments

On Monday, April 4, House Bill 616 was introduced in Ohio's House of Representatives.  The bill, sponsored by Representatives Mike Loychik and Jean Schmidt, would ban the teaching of “divisive or inherently racist” concepts, as well as restrict school districts from teaching the concepts of sexua...

Boardman Local Schools’ mask policy withstands preliminary challenge after Judge denies temporary restraining order

Posted by Maria Limbert Markakis | Oct 31, 2021 | 0 Comments

Mahoning County Court of Common Pleas Judge Anthony Donofrio issued an order on Wednesday, October 28, denying a temporary restraining order (TRO) that would have prohibited the Boardman Local School District from enforcing its mask policy.  This decision, while only a temporary victory, is a win for Boardman – and a good sign for school districts throughout Northeast Ohio. Accordingly, Boardman’s mask policy remains in place until at least January 27, 2022, when an evidentiary hearing will be held with respect to a permanent injunction on the subject.  Due to the Judge’s denial of the TRO, PKM and the District are optimistic that the mask policy will once again survive challenge.

Supreme Court rules in favor of cheerleader disciplined for profane Snapchat

Posted by Scott Peters | Jun 25, 2021 | 0 Comments

On June 23, 2021, the Supreme Court of the United States issued its decision in B.L. v. Mahanoy Area School District, ruling that a Pennsylvania school district’s punishment of a cheerleader’s Snapchat containing profanity directed at the cheerleading squad violated her First Amendment rights. This decision serves to limit the rights of public schools to police and punish students’ speech off-campus and on social media.

Supreme Court of Ohio ruling requires teachers to undergo more extensive training to carry firearms at school

Posted by Maria Limbert Markakis | Jun 25, 2021 | 0 Comments

On June 23, 2021, the Supreme Court of Ohio issued a decision in the Gabbard et al. v. Madison Local School District Board of Education et al. case interpreting the Ohio Revised Code to require teachers to undergo a full peace-officer training course before a school district may authorize them to carry a firearm on school premises; a much more stringent training standard than what most districts seeking to arm teachers are currently providing.

Pipeline Reassessment Status Update

Posted by Scott Peters | Dec 12, 2019 | 0 Comments

You may have heard that several pipeline companies, including Rover and Nexus, have filed petitions for reassessment with the Ohio Department of Taxation (“ODT”) for significant reductions in their public utility tax assessments.  The reassessment of public utilities is governed by R.C. 5727.47...

UPDATE: Supreme Court of Ohio to Hear Bullying Appeal

Posted by Scott Peters | Dec 10, 2019 | 0 Comments

The Supreme Court of Ohio has accepted an appeal from the Toledo City School District regarding personal liability of school teachers and administrators in cases involving bullying.  The appeal was taken from the Sixth Appellate District's August reversal of the Lucas County Court of Common Pleas...

The 4-1-1 on New Changes to R.C. 3313.411

Posted by Scott Peters | Dec 03, 2019 | 0 Comments

House Bill 166 took effect last month, reducing the two-year requirement of ORC 3313.411 to one year.  ORC 3313.411 now requires a school district with school facilities that have been unused for one year to offer to lease or sell those facilities to community schools, STEM schools, or college-pr...

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