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 Anderson Twp. Bd. of Trustees v. Anderson Twp. Professional Firefighters Assn., Laff Local 3111, 2019-Ohio-2302, an Ohio appellate court held that “arbitrators can look to the conduct of the parties to see how they have interpreted” a collective bargaining agreement (“CBA”) “[r]egardless of whether a contractual provision is considered ambiguous or […]
On June 11, 2019, the National Center for Learning Disabilities released guidance on using inclusive technology to help educate students with disabilities. This guidance aims to assist schools in procuring and using new educational technologies with a focus on their impact for students with disabilities. To read the National Center for Learning Disabilities’ guidance, click […]
In the case of Humphries v. Lorain City School Dist. Bd. of Edn., 2019-Ohio-2263, an Ohio appellate court held that a school board’s decision to terminate an administrator despite an independent referee’s recommendation to the contrary was warranted because the school board conducted an extensive review of the referee’s findings of fact and rejected some […]
In the case of Streetsboro Edn. Assn. v. Streetsboro City School Dist. Bd. of Edn., 2019-Ohio-2170, an Ohio appellate court held that the express time limitations for bringing arbitrations set forth in the grievance procedure of a collective bargaining agreement (“CBA”) is binding and can result in untimely grievances not being arbitrable. In this case, […]
In the case of Fort Bend County, Texas v. Davis, 587 U. S. ____ (2019), the United States Supreme Court held that the charge-filing requirements for a Title VII employment discrimination claim may not be raised at any time and are subject to time limitations. In this case, an employee filed an intake questionnaire with […]
On June 18, 2019, the United States Government Accountability Office (“GAO”) released a report on its investigation into the use of restraint and seclusion on K-12 students by public schools districts. The GAO concluded that – based on the thirty (30) largest public schools in the United States – the nation’s public schools were not […]
In the case of N.L. ex rel. C.L. v. Springboro Community City School Dist., 119 LRP 20931 (S.D.Ohio 2019), a federal district court held that a public school did not violate the stay-put provisions of the Individuals With Disabilities in Education Act (“IDEA”) when the public school demonstrated that a special needs student was a […]
In the case of M.L. v. Williamson Cty. Bd. of Edn., 6th Cir. No. 18-5671, 2019 U.S. App. LEXIS 15528 (May 24, 2019), the United States Sixth Circuit Court of Appeals held that parents of a special needs student failed to prove that a school retaliated against them by filing reports of child abuse against […]