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Remote Learning Impacts Civil Rights Considerations

The United States Department of Education’s Office for Civil Rights released guidance regarding the civil rights implications for special education students in remote instruction. Remote instruction has a direct impact on each school’s obligation to provide free access to a public education (“FAPE”) to students with disabilities. The guidance states that school districts are not […]

The Ohio Ethics Commission – The Voice of Ethics – 2021 Quarter 2

The Ohio Ethics Commission just published its newest newsletter, “The Voice of Ethics,” which can be viewed here. Past newsletters from the Ohio Ethics Commission can be viewed here. McGown & Markling is often asked to opine on various ethics issues, but the best ethics advice comes straight from the Ohio Ethics Commission itself. To request an […]

Sovereign Immunity Defeats Homeowner’s Word

In the case of Martin v. Payne, 2021-Ohio-1557, an Ohio Appellate Court held that sovereign immunity protected the Village of Payne from liability because the homeowners must offer more than their own word as evidence of negligence. In this case, homeowners brought a claim against the Village of Payne for the negligent maintenance, inspection, and […]

Parliamentary Rules May Not Invalidate Otherwise Lawful Actions

In the case of State ex rel. Smith v. Gowdy, 2021-Ohio-1730, the Ohio Eighth District Court of Appeals held that parliamentary rules are intended to assist in the orderly conduct of business, and the failure to follow such rules will not invalidate otherwise lawful actions. In this case, the individual argued for reinstatement as East […]