Court decisions from across the country have implications right here in Ohio. Here is a selection of recent cases, and why they matter.
In the case of Bollinger v. Ohio Dept. of Edn., 2018-Ohio-3714, an Ohio appellate court upheld the decision of the Ohio Department of Education (“ODE”) to consider evidence of inappropriate behavior between a teacher and student when deciding to revoke the teacher’s license, even though the most egregious behavior occurred after the student graduated. This case […]
In the case of Umali v. Edn. Service Ctr. Of Lake Erie W., N.D. Ohio No. 3:15CV02663, a federal district court rejected a breach of contract claim against an educational service center (“ESC”) following a reduction in force. The case involved a student services director (“Director”) who was in the second year of a three year […]
In L.H., et al. v. Hamilton Cty. Dep’t of Educ., Nos. 17-5989, 18-5086, the federal appellate court found a disabled student’s removal from a general classroom to be a violation of Individuals with Disabilities Education Act (“IDEA”) and that his parents were due reimbursement for his placement in a private school. In the case, a […]
In the case of Fraternal Order of Police Ohio Labor Council, Inc. v. Uhrichsville, 2018-Ohio-3344, an Ohio appellate court ruled that the parties to a collective bargaining agreement (“CBA”) could not arbitrate issues arising out of the formation and negotiation of a new CBA. In this case, the city and union could not agree on the […]
In Barney v. Akron Board of Education, No. 5:2016cv00112, an Ohio federal court determined that an Ohio school district may seek attorney’s fees and litigation expenses against individuals filing frivolous due process complaints under the Individuals with Disabilities Education Act (“IDEA”). This case involved an administrative complaint filed by the parents of a student who […]
In the case of Electronic Classroom of Tomorrow v. Ohio Dept. of Edn., Slip Opinion No. 2018-Ohio-3126, the Ohio Supreme Court ruled that the Ohio Department of Education (“ODE”) may require evidence of durational data regarding students in order for online-based or electronic learning schools to qualify for state funding. In this case, ODE was seeking […]
In the case of Cox v. Dayton Pub. Schools Bd. of Edn., 2018-Ohio-2656, while recognizing the right of a teacher to elect between the grievance procedure in a collective bargaining agreement (“CBA”) and the statutory termination process, an Ohio appellate court held that a teacher knowingly and voluntarily waived the right to demand a hearing on […]
In opinion No. 2018-016, the Ohio Attorney General determined that the school district of residence – as determined by the juvenile court – must pay for the cost of educating a child who is in the temporary or permanent custody of a children services agency when the children services agency places the child in a […]