Here is a compendium of current issues that affect Ohio’s public entities, plus McGown & Markling news of note.
In Fry v. Napoleon Community Schools, 580 U.S. ____ (2017), the United States Supreme Court held that administrative exhaustion “is not necessary when the gravamen of the plaintiff’s suit is something other than the denial of the [Individuals With Disabilities Education Act’s (“IDEA”)] core guarantee—what the Act calls a ‘free and appropriate public education.’” The […]
On February 13, 2017, a federal appellate court stayed all briefing in an appeal from an Ohio federal district court order directing an Ohio school district to permit a transgender student, who is biologically male but professes a female gender identity, access to a bathroom consistent with her gender identity. As we reported in our […]
On February 10, 2017, President Donald J. Trump’s Administration dropped the federal government’s challenge to a nationwide injunction prohibiting the United States Department of Education (“Department”) from enforcing its interpretation of Title IX of the Education Amendments of 1972 (“Title IX”) regarding bathroom access for transgender students. As reported in our August 21, 2016 blog, […]
On January 17, 2017, The Plain Dealer reported that the East Cleveland City School District Board of Education settled an Open Meetings Act legal dispute with one of its board members by agreeing to (1) comply with the Open Meetings Act, (2) amend prior minutes, (3) rescind improper board policies, and (4) pay $100,000 in […]
On January 11, 2017, the United States Supreme Court heard oral arguments in the case of Endrew F. v. Douglas County School District, No. 15-827, in which our Nation’s highest court is asked to answer the question: What level of educational benefit must school districts confer on children with disabilities in order to provide them with […]
On November 22, 2016, a federal court issued a nationwide injunction blocking an administrative regulation that would have extended overtime pay to 4.2 million salaried workers. On June 20, 2016, we blogged about a new Department of Labor rule that would have doubled the salary threshold – from $23,660 to $47,476 per year – that […]
During this holiday season, let’s take the time to celebrate our most cherished education law tradition: the Establishment Clause. The Establishment Clause of the First Amendment provides that “Congress shall make no law respecting an establishment of religion.” This pithy phrase provides a minefield of potential pitfalls for schools to navigate under the best of […]
On December 12, 2016, a federal appellate court denied an Ohio school district’s request to lift an Ohio federal district court order directing the school district to permit a transgender student, who is biologically male but identifies as female, access to a bathroom in accordance with her gender identity. As we reported in our September […]