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Perceived Disability Discrimination Claim Does Not Have to Point to Evidence of Qualifying Disabilit

In the case A.J.R. v. Bd. of Educ., 2019-Ohio-3402, 2019 Ohio App. LEXIS 3485, 2019 WL 3997419, an Ohio appellate court held that the family of a young student presented evidence that the student’s bullying of their child was ongoing and that it involved physical contact such as pushing in the bathroom line, in addition to teasing and demanding that the child consume odd combinations of food. The court found that given that the bullying continued and had involved physical contact in the past, a reasonable trier of fact could conclude that the officials engaged in conduct characterized by the conscious disregard of or indifference to a known or obvious risk of harm to another that was unreasonable under the circumstances and was substantially greater than negligent conduct.

The Toledo City Schools Board of Education have appealed the decision, and the Ohio Supreme Court will hear oral arguments on July 8, 2020. Statewide and Toledo-area school and government organizations have rallied around the administrators from Toledo Public School District who face losing their immunity from. The groups have submitted amicus curiae briefs supporting the educators’ position.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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