Fourth Round of Direct Certification with Medicaid States Selected
The United States Department of Agriculture (USDA) recently announced that 14 new states, including Ohio, have been selected to participate in the Direct Certification with Medicaid Demonstration Projects for the 2023-2024 school year. With the 2023-2024 addition, a...
Special Education Update: U.S. Supreme Court Issues Decision in Perez v. Sturgis Public Schools
On March 21, 2023, the U.S. Supreme Court unanimously determined that parents do not have to exhaust their IDEA administrative remedies if they seek only monetary damages under Section 504 or the ADA. In this case (Perez v. Sturgis Public Schools “Sturgis”) the school...
Career Tech Corner: CTC Options for Acquiring Sites for Instruction
As Career Technical Centers (CTC) offer ever-expanding curricula and training in more advanced and technical fields, there may be a need for new space for hands-on learning and training. Perhaps your district is interested in erecting a lab for manufacturing...
Recent Federal Changes Impacting Pregnant and Nursing Workers
In an attempt to create new legal protections and remedies for individuals who are pregnant or nursing, Congress recently passed two acts, the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) and the Pregnant Workers Fairness Act (PWFA), which...
On the Call Podcast: Parent Participation
Determining the right amount of parent participation can feel like rowing a boat in a thunderstorm. Jeremy and Erin try to help you steer the boat by identifying what is required and needed versus what is not, and how to find the right balance of engagement and...
Update: USDOE New Proposed Rule on Title IX
On April 6th, the U.S. Department of Education proposed a rule that would build upon Title IX and apply to federally funded K-12 schools. The proposed rule would prohibit a blanket ban or a "one size fits all" policy that bans transgender students from participating...
On the Call Podcast: MDR Exceptions
Was it Mrs. Peacock in the library with the candlestick? Sometimes dealing with the exceptions under a MDR can feel like playing a game of Clue. Jeremy and Erin help solve some of the mysteries when dealing with the three primary types of exceptions . They also...
On the Call Podcast: Parent Advocates
The addition of a parent advocate can quickly change the dynamic of IEP planning meetings from sweet to sour. Jeremy and Erin discuss the law surrounding IEP team membership specifically defined under IDEA and how you do or don't define "expertise and specialized...
On the Call Podcast: MDR Complete. Now What?
Keep Calm and Just Keep Serving. Understanding the obligation to provide services after an MDR team decision is not always clear to all school employees. Erin and Jeremy discuss the "Black Letter Law" related to MDRs and what happens when MDR teams venture into the...
Lack of Fire Extinguisher in Science Classroom Could Be a Physical Defect Affecting Immunity
In a 4-3 decision rendered on December 28, 2022, the Supreme Court of Ohio ruled that the absence of a fire extinguisher in a science classroom “could be a physical defect such that an exception to immunity exists under R.C. 2744.02(B)(4).” The case of Doe v....
Circuit Courts of Appeals Split on Transgender Bathroom Issue
On December 30, 2022, a federal circuit court of appeals broke from the decisions from other circuits and held that separating the use of male and female bathrooms on the basis of biological sex does not violate the United States Constitution or Title IX. In Adams v....
Court Confirms Narrative Portion of Attorney Invoices May Be Redacted
State ex rel. Ames v. Baker, Dublikar, Beck, Wiley & Mathews, 2023-Ohio-263 This particular case and its parties have an extensive legal and procedural history that we will not bore you with here. The pertinent fact for purposes of this article is the Ohio Supreme...
Ohio Federal Court Affirms Exhaustion Requirement Under IDEA
As school districts continue to feel the bite from parent demands stemming from COVID closures and learning alternatives, the U. S. District Court for the Southern District of Ohio recently affirmed that the pandemic does not justify circumventing established due...
Court of Appeals Reverses Trial Court that Upheld a Nonrenewal
Jones v. Kent City School Dist. Bd. of Edn., 2023-Ohio-265 The Eleventh District Court of Appeals of Ohio (Ashtabula, Geauga, Lake, Portage, and Trumbull) reversed a trial court’s decision affirming a board of education’s decision to nonrenew a teacher. During...
Career Tech Corner: Ensuring Access through Admissions
It’s admissions time! For CTCs, admissions staff are busy processing applications and making plans for the incoming class for 2023-2024. This is also a great time of year to remind staff about a CTC’s obligation to ensure that programs are accessible to all students,...
On the Call Podcast: OCR Complaints & Records Requests
Receiving an OCR records request can be as scary as watching the latest horror movie and may make you want to "Scream". Jeremy and Erin help take the panic out of the request with some practical tips to get through the response process. They discuss two cases that...
On the Call Podcast: Assistive Technology
Runs, Hits, and Errors with Assistive Technology: Jeremy and Erin discuss if - and how - you provide assistive technology as part of the IEP. They cover the "what ifs': What if the technology doesn't work? What if it isn't used properly while at home? And while there...
New! On the Call Podcast: MDR Basics
The Special Education Team of Ennis Britton is pleased to announce the rollout of our new podcast “On the Call". Each episode focuses on a real-life special education scenario you may have encountered or might bump into very soon. Ennis Britton attorneys Jeremy Neff...
New! EB’s Career Tech Corner: CTCs Begin Welcoming New Members Statewide
As we head into a new year, many joint vocational school districts are welcoming new members to their governing boards. This can be an exciting time, with opportunities to meet and work with fresh faces and new ideas. This might also present some unanticipated...
Ennis Britton is Pleased to Announce Pete Japikse has Joined the Ennis Britton Consulting Group
Ennis Britton is pleased to announce Pete Japikse has joined The Ennis Britton Consulting Group, offering transportation consulting services to the Firm’s clients. Pete is available for transportation consulting assistance including but not limited to T-1 and T-2...
Open Meetings and Public Records Law: Three Recent Sunshine Cases in Ohio
Sunshine law litigation is constantly ongoing in Ohio’s courts. Recently, three new cases expand our understanding of how open meetings and public records law is applied to public bodies. Must a public entity teach citizens requesting records how to use its software?...