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UPDATE: The Ohio Supreme Court Grants Jurisdiction after McGown & Markling Files Amicus Curiae (“Friend of the Court”) Memorandum On Behalf Of Ohio School Boards Association

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 […]

Actively Seeking Education Law Attorneys

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 […]

Statements Made During Executive Session Are Privileged In Defamation Cases

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 […]

Matthew John Markling Reappointed to the Lakewood Community Recreation and Education Commission

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 […]

Nonteaching Employees Who Work Irregular Days, Hours, and Assignments Are Not Entitled To Continuing Contracts

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 […]

It’s the Board Resolution that Matters – Not the Contract

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 […]

Attention Social Workers – No Collective Bargaining for You!

In Laborers’ Internatl. Union of N. Am., Local 860 v. Cuyahoga Cty., 2017-Ohio-8552, an Ohio appellate court agreed with an order from the Ohio State Employment Relations Board (“SERB”) which found that a group of social workers were “supervisors” and not “public employees” subject to Ohio’s collective bargaining laws. Accordingly, the social workers could not […]