Today the U.S. Supreme Court ruled in Janus v. AFSCME Council 31 that a public sector collective bargaining agreement that includes an agency fee clause (also referred to as “fair share” fee) that requires all employees of the unit to pay union dues is a violation of a public employee’s right to freedom of speech […]
Education Law Blog
Court Upholds Denial of Public Records Request as Overly Broad
Ohio’s Sixth District Court of Appeals, in a case arising in Erie County, Ohio, upheld the denial of public records requests for all emails from certain elected county officials to other county employees over the span of a month. The requester asked for the following: all emails sent and received by Wilson and one of […]
Ohio Attorney General Issues Opinion on Property Valuation Settlements
The Ohio attorney general recently published an opinion that addressed several questions regarding property valuation settlements when property owners and boards of education contest an auditor’s value (O.A.G. No. 2018-011). A party such as a board of education or a property owner who contests an auditor’s property valuation will begin by filing a complaint with […]
Court’s Decision Overturned in Gender Discrimination Case
Ohio’s Tenth District Court of Appeals recently overturned a decision of the Ohio Court of Claims in a case alleging gender discrimination. The Court of Claims had rendered summary judgment in favor of the employer, the Ohio Department of Transportation (ODOT), but the Court of Appeals found that the trial court overstepped its authority in […]
Court Finds Public Records Request Overly Broad and Ambiguous
In a dispute filed against a Columbus area school district, the Ohio Court of Claims found one part of a four-part public records request overly broad and ambiguous. The other three parts were dismissed as moot. Upper Arlington Schools received a public records request in September 2017 asking, in part, for “any pictures, video surveillance, […]
U.S. Department of Labor Issues Opinion regarding Athletic Coaches
The U.S. Department of Labor (DOL) has issued an official statement of Wage and Hour Division policy concerning athletic coaches for public schools. Opinion Letter FLSA2018-6, issued on January 5, 2018, is an exact reproduction of a previous Wage and Hour Division opinion that was issued in 2009 and then rescinded less than two months […]
Legislation to Create Substitute Pupil Services Personnel License
The Ohio House of Representatives is expected to vote on a bill that would create a license for individuals to serve as substitute pupil services personnel. HB 491 passed in the House Education and Career Readiness Committee on March 21 by a vote of 16-0. The bill enacts a new section of the Revised Code […]
OAG Again Addresses Interest in Public Contracts
On March 16, the Ohio Attorney General released Opinion No. 2018-006, which again addresses board member interests in public contracts. In this instance, a member of a board of education leased a building through a limited liability company to the school district for which the part-owner served as a member of a board of education. […]
Students’ Right to Protest: A Reflection on the Tinker Decision
In 1965, a group of siblings and a family friend in Des Moines, Iowa, decided to wear black armbands to school in protest of the Vietnam War. When the principals of their schools became aware of the plan, they developed a policy prohibiting such protests – a policy that the students chose to ignore. As […]
Endrew F.: Where Is It Now?
As many in education are aware, on March 22, 2017, the U.S. Supreme Court published an opinion in a significant special education case: Endrew F. v. Douglas County School District RE–1, 580 U.S. ___ (2017). This decision clarified the standard for a free appropriate public education (FAPE) for students with disabilities: To meet its substantive […]