Here is a compendium of current issues that affect Ohio’s public entities, plus McGown & Markling news of note.
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 […]
This October, McGown & Markling yet again joins schools and organizations nationwide in observation of National Bullying Prevention Month. We encourage everyone to work together to stop bullying and cyberbullying by increasing awareness of the prevalence and impact of bullying on all children of all ages. STOMP Out Bullying™ has a great resource webpage, which can […]
There is now a new procedure for appealing Board of Tax Appeals (“BTA”). In an effort to eliminate the vast amount of BTA appeals heard by the Ohio Supreme Court, the statutory process for filing BTA appeals was amended to mandate that all BTA appeals after September 29, 2017, must first be filed with the […]
Today, September 22, 2017, the U.S. Department of Education (“DOE”) issued its “September 2017 Questions and Answers on Campus Sexual Misconduct” which can be read by clicking here and answers the following twelve questions: What is the nature of a school’s responsibility to address sexual misconduct? What is the Clery Act and how does it […]
Today, September 7, 2017, McGown & Markling had the honor and privilege of filing an amicus curiae preliminary memorandum with the Ohio Supreme Court on behalf of the Ohio School Boards Association (“OSBA”) and in support of the Olentangy Local School District Board of Education on (1) whether R.C. 2151.421 imposes civil liability upon a […]
In State v. Polk, Slip Opinion No. 2017-Ohio-2735, the Ohio Supreme Court held that a “school’s protocol requiring searches of unattended book bags—to determine ownership and whether the contents are dangerous—furthers the compelling governmental interest in protecting public-school students from physical harm [and * * *] that the school employees’ search of the unattended book […]