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Ohio Supreme Court Upholds Warrantless Search of Unattended Book Bag

It is well-established that the Fourth Amendment’s prohibition against unreasonable searches and seizures applies to public school students.  As the U.S. Supreme Court stated in 1969, “it can hardly be argued that either students or teachers shed their constitutional rights…at t
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Qualifications for Joint Vocational School District Board Membership Change Again

On December 15, 2016, Governor John Kasich signed Substitute Senate Bill 3 into law, which, once again, will change the qualifications needed for membership on a joint vocational school district (“JVSD”) board of education, as set forth in O.R.C. §3311.19.  Since 2013, members of a bo
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Ohio Court Rules in Favor of Transgender Elementary Student and Issues Preliminary Injunction Against School District

On September 26, 2016, Judge Algenon L. Marbley in the United States District Court for the Southern District of Ohio, Eastern Division, issued the first decision by an Ohio court regarding a transgender student’s right to access school facilities based on the gender with which the st
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Ohio’s Medical Marijuana Law to Take Effect at Start of School Year

On June 8, 2016, Ohio Governor John Kasich signed House Bill 523 (“HB 523”), making Ohio the 25th state to legalize marijuana for medical use.  HB 523 will become law September 6, 2016, just in time for the start of the school year.  The passage of HB 523 into law has left many boards
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U.S. Supreme Court Considering the Constitutionality of Agency Fees

By: Dan Lautar, Esq. and Milko Cecez, Esq. Following the death of U.S. Supreme Court Justice Antonin Scalia on February 13, 2016, the fate of “agency” fees in public sector labor unions remains uncertain. An “agency fee,” is a fee paid by non-union members to cover the cost of being r
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Walking the Tightrope – Accommodating Transgender Students in Schools

According to a survey conducted in 2011 by the Williams Institute at the UCLA School of Law, it was estimated that 0.3% of adults (approximately 700,000 people) in the United States consider themselves transgender.  While no accurate surveys have been released estimating the number of
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The Americans With Disabilities Act – Guidance from the U.S. Department of Justice

Introduction In June, 2015, the U.S. Department of Justice, Civil Rights Division issued guidance regarding the obligations of public entities, including school districts, under the Americans with Disabilities Act (“ADA”).  The guidance document, “ADA Update:  A Primer for State and L
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Deciphering the Rights and Roles of Never Married Parents

The beginning of the 2015-2016 school year is quickly approaching.  Once again, school districts will be confronted with a myriad of questions related to parental rights, such as which parent’s address controls for tuition-free attendance purposes, which parent is responsible for comp
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FMLA Expanded to Grant Leave Rights for Same-Sex Spouses

The Family and Medical Leave Act (“FMLA”) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family medical reasons.  One such reason allows eligible employees to take up to 12 workweeks of FMLA leave in a 12-month period to care for the
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