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U.S. Department of Labor Issues Opinion Requiring Employers to Designate FMLA-Qualifying Leave as FMLA Leave Regardless of Employee Requests to Delay the Designation

On March 14, 2019, the U.S. Department of Labor (“DOL”) issued Opinion No. FMLA2019-1-A, in which the DOL responded to a question regarding whether an employer may delay designating paid leave as Family and Medical Leave Act (“FMLA”) leave or may expand an employee’s FMLA leave beyond
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Graduation, Treasurer Liability, SROs, and More: What House Bill 491 Means for Your District

During the “lame duck” session in late 2018, the Ohio legislature passed a host of bills before newly-elected officials took office in January, 2019.  Several of the new laws affect public K-12 schools in Ohio, including House Bill 491 (“HB 491”).  HB 491 touches on several major issu
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What the End of Fair Share Fee Could Mean for Your District

On June 27, 2018, the U.S. Supreme Court issued a decision in the case of Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466, 585 U.S. ___ (2018), finding that the extraction of agency fees, also known as “fair share fees,” from nonconsenti
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See You at the Pole Religious Gatherings – A Legal Perspective for School Districts

On September 27, 2017, students across the country will participate in “See You at the Pole” prayer gatherings (“SYATP Gatherings”) at their schools.  As SAYTP Gatherings have become common, school districts have sought guidance to ensure that SYATP Gatherings do not unlawfully establ
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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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