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What To Do If ICE Comes Calling

Many school districts in Ohio are home to large immigrant populations.  Recently, United States Immigration and Customs Enforcement (ICE) made national headlines when it raided Mississippi food processing plants, carrying out its largest immigration raid in a decade.  As a r
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Reminder to Issue Annual FERPA Notifications

As the school year begins it is important to remind, and perhaps inform for the first time, employees and school districts of their responsibilities under the Family Educational Rights and Privacy Act (FERPA). This becomes even more important as many employees use social media to post
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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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