Posted by Shadya Yazback on

In a victory for Ohio schools, the U.S. Supreme Court unanimously overturned the Ohio Supreme Court in Ohio v. Clark, finding that the admission of a teacher’s testimony regarding a pre-school student’s answers to her inquiries about suspicious injuries is not a violation of the Sixth Amendment’s Confrontation Clause. OSBA’s Legal Assistance Fund joined the National Education Association, the American Federation of Teachers, and the National School Boards Association, and submitted an amicus brief arguing that the Ohio Supreme Court’s decision needed to be overturned.

Posted by Sara Clark on

The OSBA Legal Assistance Fund (LAF) recently assisted the Strongsville City School District Board of Education by submitting a amicus curiae brief supporting the district's position in a public records case.

On March 4, the Strongsville Education Association (SEA) began a labor strike of the district's facilities. The school board hired temporary replacement teachers and continued operating the schools. The strike continued until April 28, when the parties approved a successor collective bargaining agreement.

On March 5, two attorneys served various public records requests…

Posted by Candice Christon on

During 2009, the Martins Ferry City School District experienced financial difficulties. As a result, contract negotiations between the board of education and the Ohio Association of Public School Employees, Local 4 AFSCME and its Local 546 (OAPSE) resulted in a collective bargaining agreement (CBA) that did not provide a wage increase in 2009, but included wage reopener provisions for 2010 and 2011.

In January 2010, the board implemented a 5% uniform salary reduction. OAPSE filed grievances after the reduction was implemented alleging that the uniform salary reduction violated the…

Posted by Sara Clark on

The OSBA Legal Assistance Fund (LAF) recently provided support to the Chardon Local School District Board of Education by providing financial assistance in a teacher termination case.

In 2010, a teacher employed by the Chardon Local School District caused a head-on collision with another automobile, resulting in severe injuries to the driver of the other vehicle. The teacher, who admitted that she had been drinking before the collision, lied to the investigating police officer by telling him that her husband was driving the car involved in the collision. Only after the officer…

Posted by Candice Christon on

The OSBA Legal Assistance Fund (LAF) recently participated in an Ohio Supreme Court case between The Ohio State University (Ohio State) and ESPN. The LAF joined the Ohio Legal Rights Service, Community Legal Aid Services, and Northeast Ohio Legal Services, and submitted an amici curiae brief arguing that Ohio State was prohibited from disclosing the records requested by ESPN pursuant to Ohio's Public Records Act and the Family Education Rights and Privacy Act (FERPA).

In the case, State ex rel. ESPN Inc. v. Ohio State Univ., Slip Opinion No. 2012-Ohio-2690, ESPN…

Posted by OSBA Legal Ledger on

The Ohio Supreme Court released an important decision in favor of Ohio school districts yesterday._ The case, Doe v. Marlington (2009), 2009-Ohio-1360, arose out of a tragic incident in which a young girl with special needs was sexually assaulted on the school bus by another student. The court held that the exception to the sovereign immunity law imposing liability for the "negligent operation of a motor vehicle" does not…