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Category: Current Issues

Here is a compendium of current issues that affect Ohio’s public entities, plus McGown & Markling news of note.

March 29, 2017 OESCA Legislative e-Update

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 March  29, 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 […]

BREAKING: The United States Supreme Court Rules That An IEP Must Be Reasonably Calculated To Enable A Child To Make Progress Appropriate In Light Of The Child’s Circumstances In Order To Provide FAPE

As we previously blogged, the United States Supreme Court was asked, in the case of Endrew F. v. Douglas County School District, to answer the following question: What level of educational benefit must school districts confer on children with disabilities in order to provide them with the free appropriate public education (“FAPE”) guaranteed by the Individuals […]

Ohio Appellate Court Rules That It Does Not Have Jurisdiction To Hear Breach Of Contract Case Based Upon A Collective Bargaining Agreement

In Fairland Assn. of Classroom Teachers v. Fairland Local Bd. of Edn., 2017-Ohio-1098, an Ohio appellate court found that the State Employee Relations Board (“SERB”) has exclusive jurisdiction over a breach of contract claim based solely upon an employee’s collectively bargained rights under a master agreement. In Fairland, a union and teacher filed a lawsuit […]

McGown & Markling Celebrates Sunshine Week: March 12-18, 2017

McGown & Markling represents political subdivisions and public officials throughout the State of Ohio and, frankly, we have been blessed to have clients who are dedicated to fully complying with the Ohio Sunshine Laws: The Ohio Public Records Act and The Ohio Open Meetings Act. Open and transparent government is the cornerstone of our democracy […]

The U.S. Supreme Court Returns Transgender Bathroom Case To Lower Court

In the wake of the decision from President Donald J. Trump’s Administration to withdraw the Department of Justice and Department of Education’s prior joint guidance regarding transgender students, which we reported about here, the U.S. Supreme Court vacated the lower appellate court decision in Gloucester County School Board v. G.G. and sent the case back […]

VIDEO: Student Book Bag Search Case Reaches The Ohio Supreme Court

On March 1, 2017, the Ohio Supreme Court heard oral arguments in State of Ohio v. Polk, No. 2016-0271, a case of national importance involving the constitutionality of a search conducted by a school security officer which uncovered bullets in a student’s book bag. The Ohio Channel’s video of the oral arguments in State of […]

The Trump Administration Withdraws Department Of Education’s Guidance Regarding Transgender Students

On February 22, 2017, President Donald J. Trump’s Administration withdrew the Department of Justice and Department of Education’s prior joint guidance regarding transgender students. To read the Department of Education’s February 22, 2017 press release entitled, “U.S. Secretary of Education Betsy DeVos Issues Statement on New Title IX Guidance,” please click here. To read the […]