The Supreme Court of Ohio held today that when an employee of a political subdivision brings a civil lawsuit against the subdivision alleging an intentional tort, such as defamation, assault, battery, or other delibertte act, that lawsuit may proceed, and an employer may be liable for such. Further, the court's decision finds that an employee’s suit “arises out of the employment relationship” if there is a causal connection or relationship between the claims raised by the employee and the employment relationship.
The decision helps clarify the liablity of, among others, school districts for suits brought against them by employees.
Showing posts with label teacher's rights. Show all posts
Showing posts with label teacher's rights. Show all posts
Thursday, February 16, 2012
Wednesday, September 21, 2011
Teacher's appeal of non-renewal must be filed with Board of Education, Court rules
Earlier this month, the Third District Court of Appeals of Ohio agreed with a trial court that dismissed a teacher's complaint after he was non-renewed by his school district. The reason was because the teacher failed to initially file a notice of appeal with the board of education, and instead, went straight to court.
In that case, the teacher was informed that his contract was to have been non-renewed after approximately a decade of service. The teacher requested a hearing regarding the non-renewal, which was subsequently granted by the Board of Education. Thereafter, the Board of Education affirmed its decision to non-renew his contract. Twenty eight days later, the teacher filed a complaint in the Marion County Court of Common Pleas.
The school district responded by filing a motion to dismiss the complaint, which was granted by the court. The school district argued, and the court agreed, that before the complaint was filed, the teacher should have filed a notice of appeal with the Board of Education within 30 days of the decision of the Board not to renew the contract.
The appellate court agreed that the teacher has 30 days to file his appeal, and that appeal must first be filed with the Board of Education.
In that case, the teacher was informed that his contract was to have been non-renewed after approximately a decade of service. The teacher requested a hearing regarding the non-renewal, which was subsequently granted by the Board of Education. Thereafter, the Board of Education affirmed its decision to non-renew his contract. Twenty eight days later, the teacher filed a complaint in the Marion County Court of Common Pleas.
The school district responded by filing a motion to dismiss the complaint, which was granted by the court. The school district argued, and the court agreed, that before the complaint was filed, the teacher should have filed a notice of appeal with the Board of Education within 30 days of the decision of the Board not to renew the contract.
The appellate court agreed that the teacher has 30 days to file his appeal, and that appeal must first be filed with the Board of Education.
Tuesday, July 12, 2011
Summit County appeals court reverses trial court in bus driver retaliation case
The Ninth District Court of Appeals, which covers Summit County, has reversed the decision of a Summit County Court of Common Pleas that excluded certain evidence in an employment discrimination case against Nordonia Hills School District.
In that case, a bus driver had been terminated in 1998, allegedly for refusing to park her bus where it would have blocked a handicap sidewalk cutout. She subsequently filed a lawsuit and won her case after a jury trial. However, the court of appeals reversed the judgment and granted the school district a new trial. Before the new trial could take place, though, the parties reached a settlement. The bus driver was subsequently reinstated to her position in 2000.
In 2005, the bus driver was terminated again. This time, the bus driver essentially alleged that the school district terminated her in 2005 in retaliation for the prior litigation. She argued that certain individuals within the school district resented the prior litigation and the settlement she obtained. Further, she asserted that those
individuals purposefully set out to construct a documented disciplinary record that could serve as a basis for termination, not because she was an unfit bus driver, but because they intended to retaliate against her for the 1998 litigation.
The trial court, however, excluded almost all evidence of the 1998 settlement. The court of appeals found that the bus driver should have been able to submit such evidence and thus reversed the court of appeals.
In that case, a bus driver had been terminated in 1998, allegedly for refusing to park her bus where it would have blocked a handicap sidewalk cutout. She subsequently filed a lawsuit and won her case after a jury trial. However, the court of appeals reversed the judgment and granted the school district a new trial. Before the new trial could take place, though, the parties reached a settlement. The bus driver was subsequently reinstated to her position in 2000.
In 2005, the bus driver was terminated again. This time, the bus driver essentially alleged that the school district terminated her in 2005 in retaliation for the prior litigation. She argued that certain individuals within the school district resented the prior litigation and the settlement she obtained. Further, she asserted that those
individuals purposefully set out to construct a documented disciplinary record that could serve as a basis for termination, not because she was an unfit bus driver, but because they intended to retaliate against her for the 1998 litigation.
The trial court, however, excluded almost all evidence of the 1998 settlement. The court of appeals found that the bus driver should have been able to submit such evidence and thus reversed the court of appeals.
Monday, April 18, 2011
Plain Dealer examines effect of Senate Bill 5 on school districts
The Cleveland Plain Dealer published an article this week that surveyed the effect Senate Bill 5 would have on school districts.
Among the most drastic changes for school personnel are the elimination of pension "pick ups," the elimination of binding arbitration, and the elimination of longevity pay and step increases.
Of course, opponents of SB 5 are mobilized, attempting to ensure that these changes never take effect, by putting the measure to the voters in the November 2011 general election.
That article can be accessed here: http://www.cleveland.com/open/index.ssf/2011/04/new_collective_bargaining_law.html
Among the most drastic changes for school personnel are the elimination of pension "pick ups," the elimination of binding arbitration, and the elimination of longevity pay and step increases.
Of course, opponents of SB 5 are mobilized, attempting to ensure that these changes never take effect, by putting the measure to the voters in the November 2011 general election.
That article can be accessed here: http://www.cleveland.com/open/index.ssf/2011/04/new_collective_bargaining_law.html
Thursday, February 3, 2011
Court upholds Board's decision to permanently revoke teacher's license
The Franklin County Court of Appeals this week upheld the State Board of Education's permanent revocation of a teacher's license.
In that case, two teachers had held a Christmas party in an area of a school buidling was not authorized to by the principal. Two students began boxing, with the knowledge of the teacher. One of the students was struck, was severely injured, and nearly died. The two teachers then allegedly concocted a story that they thought would keep them out of trouble. The teachers allegedly told students to lie to the principal if asked.
The principal then began an investigation. He interviewed students who were present during the Christmas party. The students stuck to the teachers' allegedly concocted story. Later, however, one of the teachers confessed the true story. However, the other teacher stuck to the original story. Both teachers later resigned, and an investigator in the Department's Office of Professional Conduct, Kelly Beall, was assigned to investigate the matter. As a result of Beall's investigation, the Board issued the teacher a notice of its intent to determine whether to limit, suspend, or revoke his teaching license.
Pursuant to R.C. 119.07, the State Board of Education must hold a hearing if a party requests it within 30 days of the mailing of a notice of intent. The notice of intent informed the teacher of his right to request a hearing, and it warned the teacher that if he did not exercise this right, the Board could suspend, limit, or revoke his teaching license in his absence.
After the hearing, the hearing officer determined that the inadequate supervision of students, among other things, amounted to conduct unbecoming to the teacher's position, and that the Board had grounds to sanction the teacher under R.C. 3319.31(B)(1) and Ohio Adm. Code 3301-73-22. The hearing examiner recommended that the Board revoke the teacher's teaching license and render him permanently ineligible to apply for any license issued by the Board. The Board adopted the hearing officer's recommendation. The teacher then appealed both to the Court of Common Pleas, and to the appeals court, both of which upheld the revocation.
In that case, two teachers had held a Christmas party in an area of a school buidling was not authorized to by the principal. Two students began boxing, with the knowledge of the teacher. One of the students was struck, was severely injured, and nearly died. The two teachers then allegedly concocted a story that they thought would keep them out of trouble. The teachers allegedly told students to lie to the principal if asked.
The principal then began an investigation. He interviewed students who were present during the Christmas party. The students stuck to the teachers' allegedly concocted story. Later, however, one of the teachers confessed the true story. However, the other teacher stuck to the original story. Both teachers later resigned, and an investigator in the Department's Office of Professional Conduct, Kelly Beall, was assigned to investigate the matter. As a result of Beall's investigation, the Board issued the teacher a notice of its intent to determine whether to limit, suspend, or revoke his teaching license.
Pursuant to R.C. 119.07, the State Board of Education must hold a hearing if a party requests it within 30 days of the mailing of a notice of intent. The notice of intent informed the teacher of his right to request a hearing, and it warned the teacher that if he did not exercise this right, the Board could suspend, limit, or revoke his teaching license in his absence.
After the hearing, the hearing officer determined that the inadequate supervision of students, among other things, amounted to conduct unbecoming to the teacher's position, and that the Board had grounds to sanction the teacher under R.C. 3319.31(B)(1) and Ohio Adm. Code 3301-73-22. The hearing examiner recommended that the Board revoke the teacher's teaching license and render him permanently ineligible to apply for any license issued by the Board. The Board adopted the hearing officer's recommendation. The teacher then appealed both to the Court of Common Pleas, and to the appeals court, both of which upheld the revocation.
Tuesday, January 11, 2011
School Board terminates teacher's contract, adopts referee's recommendation
The Mount Vernon School Board of Education voted this week to terminate the contract of a teacher accused of, among other things, violating school board policies, violating the U.S. Constitution, and teaching Christianity in class. In their 4-1 vote, the school board adopted the decision of the "referee" or hearing officer.
Pursuant to Ohio Revised Code 3319.16, public school teachers employed pursuant to a contract may only have that contract terminated for "good and just cause." Before such termination may take place, however, the school board has to give the teacher notice of intention, and an opportunity for a hearing in front of either the board, or a referee. Both parties may be present at such hearing, be represented by counsel, subpoena witnesses, require witnesses to be under oath, cross-examine witnesses, take a record of the proceedings. The referee must then furnish her report, recommending a termination or not. The board must then vote to adopt the report and recommendation or to reject it by majority vote.
The teacher affected then has the opportunity to appeal the case to the court of common pleas in which the school is located.
Pursuant to Ohio Revised Code 3319.16, public school teachers employed pursuant to a contract may only have that contract terminated for "good and just cause." Before such termination may take place, however, the school board has to give the teacher notice of intention, and an opportunity for a hearing in front of either the board, or a referee. Both parties may be present at such hearing, be represented by counsel, subpoena witnesses, require witnesses to be under oath, cross-examine witnesses, take a record of the proceedings. The referee must then furnish her report, recommending a termination or not. The board must then vote to adopt the report and recommendation or to reject it by majority vote.
The teacher affected then has the opportunity to appeal the case to the court of common pleas in which the school is located.
Thursday, October 21, 2010
Teachers have no First Amendment rights while engaged in "official duties" in classroom, U.S. 6th Circuit Court of Appeals rules
Teachers do not have a First Amendment right to "to select books and methods of instruction for use in the classroom without interference from public officials," the Sixth Circuit Court of Appeals ruled today in Evans-Marshall v. Bd of Educ of Tipp City Sch Dist.
In that case, the teacher had a contract to teach English to 9th and 11th grade students and a creative writing course to 11th and 12th grade students. At the beginning of the fall semester, the teacher assigned Ray Bradbury’s Fahrenheit 451 to her 9th graders. To the end, in exploring the book’s theme of government censorship, she distributed a list compiled by the American Library Association of the “100 Most Frequently Challenged Books.”
Students divided into groups, and the teacher asked each group to pick a book from
the list, to investigate the reasons why the book was challenged and to lead an in-class debate about the book. Two groups chose Heather Has Two Mommies by Lesléa
Newman.
A parent complained about Heather Has Two Mommies, and the principal,
asked the teacher to tell the students to choose a different book. She
complied, explaining to her class that “they were in a unique position to . . . use this experience as source material for their debate because they were in the . . . position of having actually experienced censorship in preparing to debate censorship.” After the class completed the Fahrenheit 451 unit, Evans-Marshall assigned Siddhartha by Hermann Hesse and used it as the basis for in-class discussions about “spirituality, Buddhism, romantic relationships, personal growth, [and] familial relationships.”
Thereafter, at two school board meetings, the teacher was criticized by parents for her choice of books and for her teaching methods, even though the books had been bought by the District several years earlier and had been on the school district's list of optional reading. While a few members of the school board called for understanding and non-censorship, it seemed most parents were against the teacher's book choices.
Thereafter, the principal discovered that the teacher had dissiminated to a few of her students examples of a creative writing assignment, one of which dealt with rape, and the other with a murdered priest. From there on, the relationship between the principal and the teacher spiraled downward. Indeed, the principal soon after gave the teacher a poor review and she was subsequently non-renewed by the board of education.
She then filed suit in federal court, claiming retaliation in violation of her First Amendment right to free speech.
In analyzing her claims, the 6th Circuit employed a three part analysis. It began by asking whether the teacher's statements were those made on "matters of public concern." Connick v. Myers. Then, it asked, if the matter was one of public imporance, If the employee establishes that her speech touches “matters of public concern,” a balancing test determines whether the employee or the employer wins. Pickering v. Board of Education. Then, if the employee wins the balancing test, the court had to ask itself whether or not the public employees statements were made pursuant to their official duties. Garcetti v. Ceballos. If they were, the employees were not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.
Here, the Court found that while the matters did touch those of public concern (public school curriculum) and that the teacher's interest in free speech trumped the school district's, the teacher's statements were made pursuant to her official duties as a teacher, not as a citizen. Thus, the teacher's statements and actions were not protected under the First Amendment and the school district was able to terminate her employment.
The Sixth Circuit's decision today further restricts what teachers and administrators may say while they are "on the clock" and in their formal role they were hired to perform.
The Court was also quick to point out that the decision applies only to public primary and secondary schools and not necessarily in a college or university environment.
In that case, the teacher had a contract to teach English to 9th and 11th grade students and a creative writing course to 11th and 12th grade students. At the beginning of the fall semester, the teacher assigned Ray Bradbury’s Fahrenheit 451 to her 9th graders. To the end, in exploring the book’s theme of government censorship, she distributed a list compiled by the American Library Association of the “100 Most Frequently Challenged Books.”
Students divided into groups, and the teacher asked each group to pick a book from
the list, to investigate the reasons why the book was challenged and to lead an in-class debate about the book. Two groups chose Heather Has Two Mommies by Lesléa
Newman.
A parent complained about Heather Has Two Mommies, and the principal,
asked the teacher to tell the students to choose a different book. She
complied, explaining to her class that “they were in a unique position to . . . use this experience as source material for their debate because they were in the . . . position of having actually experienced censorship in preparing to debate censorship.” After the class completed the Fahrenheit 451 unit, Evans-Marshall assigned Siddhartha by Hermann Hesse and used it as the basis for in-class discussions about “spirituality, Buddhism, romantic relationships, personal growth, [and] familial relationships.”
Thereafter, at two school board meetings, the teacher was criticized by parents for her choice of books and for her teaching methods, even though the books had been bought by the District several years earlier and had been on the school district's list of optional reading. While a few members of the school board called for understanding and non-censorship, it seemed most parents were against the teacher's book choices.
Thereafter, the principal discovered that the teacher had dissiminated to a few of her students examples of a creative writing assignment, one of which dealt with rape, and the other with a murdered priest. From there on, the relationship between the principal and the teacher spiraled downward. Indeed, the principal soon after gave the teacher a poor review and she was subsequently non-renewed by the board of education.
She then filed suit in federal court, claiming retaliation in violation of her First Amendment right to free speech.
In analyzing her claims, the 6th Circuit employed a three part analysis. It began by asking whether the teacher's statements were those made on "matters of public concern." Connick v. Myers. Then, it asked, if the matter was one of public imporance, If the employee establishes that her speech touches “matters of public concern,” a balancing test determines whether the employee or the employer wins. Pickering v. Board of Education. Then, if the employee wins the balancing test, the court had to ask itself whether or not the public employees statements were made pursuant to their official duties. Garcetti v. Ceballos. If they were, the employees were not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.
Here, the Court found that while the matters did touch those of public concern (public school curriculum) and that the teacher's interest in free speech trumped the school district's, the teacher's statements were made pursuant to her official duties as a teacher, not as a citizen. Thus, the teacher's statements and actions were not protected under the First Amendment and the school district was able to terminate her employment.
The Sixth Circuit's decision today further restricts what teachers and administrators may say while they are "on the clock" and in their formal role they were hired to perform.
The Court was also quick to point out that the decision applies only to public primary and secondary schools and not necessarily in a college or university environment.
Monday, August 16, 2010
Bill to allow teachers to deduct classroom materials from income tax proposed
Ohio State Senator Eric Kearney, D-Cincinnati, introduced S.B. 290 to allow teachers to write off on their Ohio income tax the amounts that they spend for instructional materials in their classroom.
Under the bill, the tax commissioner has the right to request that the teacher provide a receipt for each item used in calculating the deduction and a letter from the teacher's employer confirming that the items were used for classroom instruction. Only teachers in grades K-12 are eligible, and are required to hold an educator license. Teachers who instruct a child exclusively at home and not eligible for the deduction.
The Ohio Education Association has not taken an official stance yet on the legislation. Stay tuned.
Under the bill, the tax commissioner has the right to request that the teacher provide a receipt for each item used in calculating the deduction and a letter from the teacher's employer confirming that the items were used for classroom instruction. Only teachers in grades K-12 are eligible, and are required to hold an educator license. Teachers who instruct a child exclusively at home and not eligible for the deduction.
The Ohio Education Association has not taken an official stance yet on the legislation. Stay tuned.
Monday, July 19, 2010
African-American teacher's appeal denied
The Eight District Court of Appeals, which covers Cuyahoga County, has denied a teacher's appeal from a lawsuit claiming he was discriminated against because of his race.
The plaintiff teacher, who was an African-American, filed a complaint in the trial court against the defendant board of education alleging that it failed to promote him to the position of assistant principal and hired a less-qualified Caucasian applicant instead.
In that case, the teacher had applied for an assistant principal position. The school board, after interviewing two candidates, chose the Caucasian candidate over the African-American candidate. Believing that the school district lacked a legitimate non-discriminatory reason for taking the action that it took, the teacher filed a lawsuit. However, the trial court decided no genuine issue of material fact existed, and that the school board won as a matter of law. The teacher appealed to the Eight District Court of Appeals.
The appeals court determined that the school board had legitimate reasons for choosing the Caucasian applicant over the African-American teacher. Moreover, the school board's committee reviewed the candidates’ application materials, asked each candidate the same questions from a prepared list of questions, and considered the strengths and concerns related to each candidate. The committee believed that both men were qualified, but the Caucasian applicant was better qualified than the plaintiff because he had more leadership experience relating to building and district-wide initiatives that impacted both students and staff issues. Thus, there was no evidence in the record of a discriminatory animus. Further, having found no evidence of racial discrimination, the plaintiff's alleged claim of emotional distress resulting therefrom also failed.
Consequently, the court of appeals agreed there was no discrimination.
The plaintiff teacher, who was an African-American, filed a complaint in the trial court against the defendant board of education alleging that it failed to promote him to the position of assistant principal and hired a less-qualified Caucasian applicant instead.
In that case, the teacher had applied for an assistant principal position. The school board, after interviewing two candidates, chose the Caucasian candidate over the African-American candidate. Believing that the school district lacked a legitimate non-discriminatory reason for taking the action that it took, the teacher filed a lawsuit. However, the trial court decided no genuine issue of material fact existed, and that the school board won as a matter of law. The teacher appealed to the Eight District Court of Appeals.
The appeals court determined that the school board had legitimate reasons for choosing the Caucasian applicant over the African-American teacher. Moreover, the school board's committee reviewed the candidates’ application materials, asked each candidate the same questions from a prepared list of questions, and considered the strengths and concerns related to each candidate. The committee believed that both men were qualified, but the Caucasian applicant was better qualified than the plaintiff because he had more leadership experience relating to building and district-wide initiatives that impacted both students and staff issues. Thus, there was no evidence in the record of a discriminatory animus. Further, having found no evidence of racial discrimination, the plaintiff's alleged claim of emotional distress resulting therefrom also failed.
Consequently, the court of appeals agreed there was no discrimination.
Thursday, June 3, 2010
Teacher reinstated, but board of education does not have to pay attorney fees, appeals court rules
The First District Court of Appeals today affirmed a decision by a trial court to reinstate a teacher who was terminated by his board of education under R.C. 3319.16 for "good and just cause" for alleging throwing a basketball at a student. That court, however, also found that the teacher was not entitled to attorney fees because his district did not act in bad faith.
The case involved a physical education/health teacher who had 20 years experience. Throughout his tenure, he had received positive reviews and had eight consecutive years of perfect attendance. In his evaluations, the teacher was specifically complimented on his (1) "strong discipline"; (2) his "professional manner"; (3) having "full control of * * * his classes"; (4) his "classroom management"; (5) his "professional manner structure and organization"; (6) the fact that "safety is stressed in both health and PE"; (7) being a "good role model"; and (8) being a "true professional who is a great role model for the students."
In June 2007, a male student athlete who stood six feet seven inches left the teacher's class without permission and began "shooting hoops" in the gymnasium. The teacher found the student and instructed him to go to the locker room to change clothes and then to attend his next class. The teacher had to instruct this student three times before the student complied. The student changed in the locker room, but instead of going to his next class, he went back to the gym to play basketball. The teacher again instructed the student, at least five or six times, not to shoot the basketball and to leave the court. When the student refused to comply with the instructions, the teacher, "with a two-hand push" of his own basketball, knocked the basketball the student was holding out of the student's hands in an effort to get him to leave the court. The student was angry and approached the teacher, but another teacher escorted the student from the gymnasium. The student was not injured.
Although the student claimed that he had been hit in the stomach, another student who had witnessed the incident stated that the ball that the teacher had thrown hit the basketball in the student's hands. The teacher was suspended indefinitely without pay.
The male student's mother initiated criminal proceedings against the teacher. The state charged him with assault, but he was acquitted following the presentation of the state's case due to the failure to prove that he had knowingly caused or attempted to cause physical harm to the student. The student had testified that the teacher had not thrown the ball "very hard" at him and that he had not believed that the teacher intended to harm him. He further testified that he had not been injured.
As a result of this incident, the Board initiated termination proceedings against the teacher. After hearing evidence, a referee determined that the teacher had not intended to throw a basketball at the student and that there was a difference between throwing a ball at a student and throwing a ball at an object the student was holding. The referee recommended reinstatement.
The Board of Education, however, terminated the teacher's contract, not agreeing with the referee's distinction between throwing a ball at a student and throwing a ball at an object a student was holding. The teacher appealed to the Court of Common Pleas, who agreed with the referee, that the incident was not a "fairly serious matter." The Court also awarded the teacher all of his attorney fees.
The Board of Education appealed. The Court of Appeals agreed that the incident was not a "fairly serious matter" but disagreed with the trial court that the board acted in bad faith. Thus, it upheld the teacher's reinstatement, but denied his attorney fees.
The case is Stalder v. St. Bernard-Elmwood Place City School District, 2010-Ohio-2363.
The case involved a physical education/health teacher who had 20 years experience. Throughout his tenure, he had received positive reviews and had eight consecutive years of perfect attendance. In his evaluations, the teacher was specifically complimented on his (1) "strong discipline"; (2) his "professional manner"; (3) having "full control of * * * his classes"; (4) his "classroom management"; (5) his "professional manner structure and organization"; (6) the fact that "safety is stressed in both health and PE"; (7) being a "good role model"; and (8) being a "true professional who is a great role model for the students."
In June 2007, a male student athlete who stood six feet seven inches left the teacher's class without permission and began "shooting hoops" in the gymnasium. The teacher found the student and instructed him to go to the locker room to change clothes and then to attend his next class. The teacher had to instruct this student three times before the student complied. The student changed in the locker room, but instead of going to his next class, he went back to the gym to play basketball. The teacher again instructed the student, at least five or six times, not to shoot the basketball and to leave the court. When the student refused to comply with the instructions, the teacher, "with a two-hand push" of his own basketball, knocked the basketball the student was holding out of the student's hands in an effort to get him to leave the court. The student was angry and approached the teacher, but another teacher escorted the student from the gymnasium. The student was not injured.
Although the student claimed that he had been hit in the stomach, another student who had witnessed the incident stated that the ball that the teacher had thrown hit the basketball in the student's hands. The teacher was suspended indefinitely without pay.
The male student's mother initiated criminal proceedings against the teacher. The state charged him with assault, but he was acquitted following the presentation of the state's case due to the failure to prove that he had knowingly caused or attempted to cause physical harm to the student. The student had testified that the teacher had not thrown the ball "very hard" at him and that he had not believed that the teacher intended to harm him. He further testified that he had not been injured.
As a result of this incident, the Board initiated termination proceedings against the teacher. After hearing evidence, a referee determined that the teacher had not intended to throw a basketball at the student and that there was a difference between throwing a ball at a student and throwing a ball at an object the student was holding. The referee recommended reinstatement.
The Board of Education, however, terminated the teacher's contract, not agreeing with the referee's distinction between throwing a ball at a student and throwing a ball at an object a student was holding. The teacher appealed to the Court of Common Pleas, who agreed with the referee, that the incident was not a "fairly serious matter." The Court also awarded the teacher all of his attorney fees.
The Board of Education appealed. The Court of Appeals agreed that the incident was not a "fairly serious matter" but disagreed with the trial court that the board acted in bad faith. Thus, it upheld the teacher's reinstatement, but denied his attorney fees.
The case is Stalder v. St. Bernard-Elmwood Place City School District, 2010-Ohio-2363.
Tuesday, May 11, 2010
Appeals Court Upholds Grant of Unemployment to Special Education Teacher
The Ninth District Court of Appeals has upheld the decision of a trial court finding that a special education teacher was terminated without just cause.
In that case, the special education teacher was discharged by her board of education for allegedly abusing a student in her care. She was initially denied unemployment benefits, after there was a finding that she was discharged for just cause. However, the teacher continued her appeals, and the decision was subsequently reversed by the review commission.
The review commission's decision was appealed to the Court of Common Pleas, which upheld the decision of the review commission. That decision was affirmed by the Ninth District. In reaching its decision that the trial court's decision was not unlawful, unreasonable, or against the manifest weight of the evidence, the appeals court relied on the facts that a county children services did not reveal bruising on the child's wrist or neck. Also, the children services’ final determination was that the claim of abuse was unsubstantiated and the Center for the Teaching Profession after conducting an investigation determined there was no abuse and renewed the appellee individual's teaching certificate. Furthermore, the state Department of Mental Retardation and Developmental Disabilities did not place the appellee individual on its registry of those who had abused students.
Accordingly, the teacher was able to collect her unemployment benefits.
In that case, the special education teacher was discharged by her board of education for allegedly abusing a student in her care. She was initially denied unemployment benefits, after there was a finding that she was discharged for just cause. However, the teacher continued her appeals, and the decision was subsequently reversed by the review commission.
The review commission's decision was appealed to the Court of Common Pleas, which upheld the decision of the review commission. That decision was affirmed by the Ninth District. In reaching its decision that the trial court's decision was not unlawful, unreasonable, or against the manifest weight of the evidence, the appeals court relied on the facts that a county children services did not reveal bruising on the child's wrist or neck. Also, the children services’ final determination was that the claim of abuse was unsubstantiated and the Center for the Teaching Profession after conducting an investigation determined there was no abuse and renewed the appellee individual's teaching certificate. Furthermore, the state Department of Mental Retardation and Developmental Disabilities did not place the appellee individual on its registry of those who had abused students.
Accordingly, the teacher was able to collect her unemployment benefits.
Wednesday, February 24, 2010
Central Ohio school district bans PG-13, R-rated films
The Marysville School District has, at least temporarily, banned PG-13 and R rated movies from the school's curriculum. The ban is the result of complaints by parents that such films contain too mature of a content for high school students. Thus, historical films like "Schindler's List" and "Saving Private Ryan" will now be off limits to students within that district.
Generally, courts uphold the right of boards of education to make decisions like which course materials to use against the constitutional claims of students and teachers alike. However, the case may be different if these materials are held in the library where students may access them, and are being removed "simply because they dislike the ideas contained in those books and seek by their removal to 'prescribe what shall be orthodox in politics, nationalism, religion, and other matters of opinion.'"
However, showing the films in a classroom (as opposed to private student viewing) may be more likely to bear the school's 'imprimatur' and probably can, consistent with the First Amendment, be banned pursuant to school board policy. See e.g. Hazelwood v. Kuhlmeier, 484 U.S. 260.
Generally, courts uphold the right of boards of education to make decisions like which course materials to use against the constitutional claims of students and teachers alike. However, the case may be different if these materials are held in the library where students may access them, and are being removed "simply because they dislike the ideas contained in those books and seek by their removal to 'prescribe what shall be orthodox in politics, nationalism, religion, and other matters of opinion.'"
However, showing the films in a classroom (as opposed to private student viewing) may be more likely to bear the school's 'imprimatur' and probably can, consistent with the First Amendment, be banned pursuant to school board policy. See e.g. Hazelwood v. Kuhlmeier, 484 U.S. 260.
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