Education (Pre-K to 12)

Successfully defended public sector employers across Ohio in numerous unreported labor arbitration hearings.

Successfully defended a school board against claims that a majority of its members violated the Open Meetings Act through telephone and email discussions.

Successfully brought declaratory judgment and breach of contract actions on behalf of Butler Tech against its former Director of Police Training.

Successfully prosecuted action before the ODE Superintendent of Public Instruction and subsequent court action to recover tuition against non-resident parents.

Successfully defended a board's action to non-renew its former superintendent against claims that the board breached his employment contract.

Defended a school board against a workers' compensation death claim. The court ruled that decedent's death did not occur in the course of and arising out of her employment with her employing school board under ORC 4123.01.

Defended a school board against an injunction filed by a student seeking reversal of his athletic suspension. We established new law in Ohio when the court ruled that the student had no legal right to appeal his athletic suspension.

Defended a school board against an Open Meetings Act and due process challenge filed by a terminated school employee. The Ohio Supreme Court ruled that the terminated employee had no right under ORC Section 121.22 to compel the school board to hold the hearing on his discharge in public.

Regularly counsel public schools and private employers on ACA compliance issues. 

Worked with the Ohio Attorney General's Office to reduce a school district's liability for a common pleas court settlement to zero dollars. The school district paid nothing to have the case dismissed with prejudice and did not suffer any effect to its premiums as a result.

Served as the sole presenter at training workshops for Title IX investigators at the college and K-12 levels, helping administrators to become trauma-informed and approach cases involving sexual assault and intimate partner violence in an appropriate and equitable manner.  

Assisted an Ohio school district in the issuance of bonds in which the perceived security for the bonds was threatened by the financial woes of the county’s largest employer and taxpayer. Our attorneys provided timely and critical information to the bond rating agency and investors regarding how oil and gas leases and mineral rights are valued for property tax purposes and the potential impact of a bankruptcy filing on the payment of property taxes for the bonds.  

Prepared request for qualifications, request for proposals and contract documents for a K-12 school district's design-build project.

Prepared resolutions and related documents for projects deemed to be of urgent necessity, including fire alarm and HVAC renovation projects for a K-12 school district. 

Obtained a favorable decision in a $40 million lawsuit filed on behalf of three large metropolitan school districts against the Ohio Department of Education claiming that ODE misapplied the statutory school foundation funding formula to the detriment of the school districts.  

Successfully defended a large metropolitan school district in a lawsuit filed by a real estate developer claiming $10 million in lost future profits for fraud and breach of contract in conjunction with the development of property owned by the district.

Obtained a favorable ruling from the Supreme Court of Ohio in a case involving a challenge by a non-teaching school employee who claimed the Board of Education violated the Open Meetings Act by deliberating about the decision to terminate his employment in executive session. The Court rejected  the appellant’s argument that an employee’s “Loudermill” hearing rights could serve as a basis to demand that deliberations about his employment occur in public. This decision sets favorable precedent for districts and public bodies across the State of Ohio.

Revised student handbooks, athletic handbooks, extracurricular policies and drug testing policies for numerous school districts.

Assisted a client with protecting trade secrets and proprietary information when confidential information had to be submitted to public agencies with bid documents, proposals or other materials.

Negotiated a settlement among school district parties to an annexation agreement regarding billing issues.

Drafted College Credit Plus agreements on behalf of both school districts and colleges to establish advanced standing programs.

Successfully assist several school districts in addressing economic development issues and proposals for tax incentives, preserving thousands of dollars in revenue.

Successfully defended a school district in charges by a former student relating to sexual abuse by a former teacher.  

Successfully defended a school district’s termination of an employee, obtaining a grievance arbitration award upholding the termination and dismissal of an EEOC charge alleging race and national origin discrimination.

Represented school district in administration of statutory process relating to mechanic’s liens and addressed mechanics’ lien claims and related law suits for K-12 school projects.

Represented a school district client to address defective work.

Successfully defended the nonrenewal of an employee’s contract by a county board of developmental disabilities, obtaining dismissals of the employee’s appeals to the State Personnel Board of Review, the Franklin County Court of Common Pleas and the Tenth District Court of Appeals.

Obtained hearing officer decision recommending termination of school superintendent based on falsification of student attendance data.

Prepared school board resolutions and contracts related to shared services for school district clients.

Advised school districts regarding Americans With Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) issues relating to employee fitness for duty.

Facilitated and prepared a school district's contract for roof replacement, procured through a joint purchasing program.

Represented a K-12 school district regarding school bus warranty issues.

Successfully defended a school district in a teacher non-renewal appeal that involved the waiver of evaluation rights.

Represented a public school district accused of disparate student discipline on the basis of race and resolved the matter with no finding against the client.

Successfully represented a public school district accused of maintaining unequal sports facilities for male and female athletes.

Drafted a unique school district-hospital agreement to provide educational opportunities to high school students.

Negotiated a successful resolution in a special education due process request and suspension appeal relating to drug possession on school grounds.

Recovered $6 million in an action against the Ohio Department of Education in a matter involving the calculation of state foundation funding for public school systems. 

Recovered $7.2 million on behalf of the Dayton Public School District in a matter involving the calculation of state foundation funding for public school systems. 

Represented a school district in connection with the formation of multiple non-teaching bargaining units, including handling a State Employment Relations Board (SERB) hearing on petition for representation, advising on union campaign issues and negotiating initial contracts.

Served as a member of the trial team that prosecuted four successful constitutional challenges to Ohio's system of funding public schools on behalf of over 500 school districts, resulting in total funding for school facilities in excess of $12 billion.