Posted by Karrie M. Kalail | Jan 11, 2024 |
The inflation-adjusted filing threshold for tax valuation complaints has been increased to $535,000 for tax year 2023. House Bill 187 would impose further restrictions on school district involvement in the property valuation process.
Posted by Daniel R. Shisler | Aug 22, 2023 |
On August 21, 2023, the Auditor of State published long-anticipated guidance concerning school district levy or bond elections that clarifies the activities school officials and employees may engage in during levy or bond elections.
Posted by Daniel R. Shisler | Jul 16, 2023 |
School districts could face more frequent special education litigation in the wake of the Supreme Court's Perez decision. The Court held that plaintiffs do not need to exhaust administrative remedies under the IDEA if they are seeking remedies otherwise not available under the Act.
Posted by Daniel R. Shisler | Apr 13, 2023 |
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.
Posted by Daniel R. Shisler | Jan 11, 2023 |
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...
Posted by Daniel R. Shisler | Jan 06, 2023 |
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.
Posted by Daniel R. Shisler | Jul 25, 2022 |
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.
Posted by Karrie M. Kalail | Jul 06, 2022 |
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.
Posted by Daniel R. Shisler | May 16, 2022 |
House Bill 583 will extend short-term, non-bachelor substitute teacher flexibility for two more years, through the 2023-2024 school year.
Posted by Karrie M. Kalail | Apr 22, 2022 |
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.
Posted by Daniel R. Shisler | Apr 10, 2022 |
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...
Posted by Daniel R. Shisler | Mar 13, 2022 |
S.B. 11 corrects the previous legislative drafting error providing Juneteenth as a paid holiday only to nine or ten-month nonteaching employees. Now the law provides Juneteenth as a paid holiday to eleven and twelve-month nonteaching employees.
Posted by Daniel R. Shisler | Mar 01, 2022 |
Last week, the Ohio Department of Education Office of Professional Conduct announced it will begin to require the use of a new specialized misconduct reporting form for teachers breaking their contracts after the July 10 deadline, pursuant to R.C. § 3319.15. The new form will be required startin...
Posted by Maria Limbert Markakis | Oct 31, 2021 |
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.
Posted by Daniel R. Shisler | Jul 28, 2021 |
House Bill 110 was signed into law on July 1, setting the state’s operating budget for the 2022-2023 biennium. In addition to a major school funding redesign, there are several additional provisions included in the budget bill that will affect various aspects of Ohio’s schools.
Posted by Karrie M. Kalail | Jun 25, 2021 |
On June 16, 2021, the United States Department of Education issued a Notice of Interpretation (NOI) stating that it will enforce Title IX’s prohibitions against discrimination in education on the basis of sex to include protections for sexual orientation and gender identity.
Posted by Scott Peters | Jun 25, 2021 |
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.
Posted by Maria Limbert Markakis | Jun 25, 2021 |
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.
Posted by Scott Peters | Mar 19, 2021 |
In a public address on February 9, Governor DeWine requested that school districts take extraordinary measures and design plans to meet the educational needs of students. The Governor suggested that districts take such measures as extending the current school year, beginning next school year ear...
Posted by Scott Peters | Mar 19, 2021 |
House Bill 352 slashes statute of limitations for employment discrimination claims and
requires plaintiffs to exhaust administrative remedies.
In January, Governor DeWine signed House Bill 352 into law. The Employment Law Uniformity Act, as the Bill is known, brings several changes to the way ...
Posted by Scott Peters | Jan 27, 2021 |
Supreme Court to Hear First Amendment Case Arising Out
of Cheerleader's Profane Snapchat
The U.S. Supreme Court granted certiorari on Jan. 8, 2021 agreeing to hear the appeal of B.L. v. Mahanoy Area School District, 964 F.3d 170 (3rd Cir. 2019). The appeal is poised to produce significant imp...
Posted by Scott Peters | Mar 13, 2020 |
As education and public health officials contemplate complex decisions related to school closures, bans on public gatherings, and other measures to slow the spread of Coronavirus, you are faced with having to make swift and confident recommendations and decisions that affect your students, staff ...
Posted by Scott Peters | Dec 12, 2019 |
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...
Posted by Scott Peters | Dec 10, 2019 |
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...
Posted by Scott Peters | Dec 03, 2019 |
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...