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On November 1, 2017, the Ohio Supreme Court agreed to answer the following question of state law by the United States District Court for the Southern District of Ohio: “Does § 2151.421 expressly impose civil liability on a school board, either for its own or its employee’s failure to report, triggering the § 2744.02(b)(5) exception […]
Matthew John Markling serves as General Counsel for the Ohio Educational Service Center Association (“OESCA”) and McGown & Markling is a longstanding strategic partner with OESCA. Please click here to view the December 18th, 2017 OESCA Legislative e-Update. This e-Update provides information on the pending and enacted bills of interest to Ohio’s public education community. Bills […]
Actively Seeking Newly Admitted Education Law Attorneys (Zero to Three Years of Legal Experience) McGown & Markling is actively seeking newly admitted attorneys to join our rapidly growing state-wide Education Law Team. We offer a collegial atmosphere that values diversity and promotes both inclusion and a balanced lifestyle in a democratic environment. We are open […]
In Janiszewski v. Belmont Career Ctr., 2017-Ohio-855, an Ohio appellate court considered the following issue: Whether statements made during a school board’s executive session are privileged in a defamation case. To be fair, the appellate court considered a lot of other issues in Janiszewski. Seriously – there was a lot going on in this case. However, the privilege […]
On December 4, 2017, the Lakewood City School District Board of Education unanimously reappointed Matthew John Markling to serve a three-year term as a commissioner to the Lakewood Community Recreation and Education Commission (“CREC”), which is a seven member, volunteer, governing body of all programs sponsored by the Lakewood Community Recreation and Education Department of […]
In a significant case involving the continuing contract status of nonteaching employees under R.C. 3319.081, the Ohio Supreme Court ruled that a substitute custodian whose schedule is irregular with respect to days of service, hours worked, and school-building assignment is not considered a “regular nonteaching school employee” under Ohio law and, as result, is not […]
In Sun Bldg. Ltd. Partnership v. Value Learning & Teaching Academy, Inc., 2017-Ohio- 8727, an Ohio appellate court ruled that “a governmental entity can bind itself to a [contract] by taking sufficient action before it is executed.” Sun at ¶ 22. The case involved a fight over the remaining assets belonging to a shuttered community […]