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Education Alert: Sixth Circuit Allows Student Discipline for Bullying and Harassment, But Not Misgendering

Posted on in Education, News
Education Alert: Sixth Circuit Allows Student Discipline for Bullying and Harassment, But Not Misgendering

On November 6, 2025, a full panel of the Sixth Circuit held that disciplining students for using non-preferred pronouns to refer to transgender classmates violates the First Amendment.  This decision highlights the fine line separating protected free speech and impermissible bullying and offers important factors for districts to balance when considering discipline. Background: In 2023, […]

Education Alert: State Court Grants TRO Against OHSAA in NIL Ruling

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Education Alert: State Court Grants TRO Against OHSAA in NIL Ruling

On October 20, 2025, the Franklin County Court of Common Pleas issued a temporary restraining order against the Ohio High School Athletic Association. This ruling temporarily bars OHSAA from enforcing Bylaw 4-10, which prohibits student athletes from receiving money, merchandise or services of value based on notoriety obtained through athletic skills and achievements. Background: In […]

Supreme Court Rejects “Background Circumstances” Requirement in Reverse Discrimination Cases

Posted on in Business, Education, Employment, News
Supreme Court Rejects “Background Circumstances” Requirement in Reverse Discrimination Cases

On June 5, 2025, in Ames v. Ohio Dep’t of Youth Servs., 221 L. Ed. 2d 929 (2025), the United States Supreme Court rejected the Sixth Circuit’s rule that a majority group plaintiff in a “reverse discrimination” Title VII case must present evidence of “background circumstances” that the plaintiff’s employer is the “unusual” employer that […]

Education Alert: Supreme Court Issues Preliminary Injunction in Favor of Parental Rights Challenge to LGBTQ+-Inclusive Curriculum

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Education Alert: Supreme Court Issues Preliminary Injunction in Favor of Parental Rights Challenge to LGBTQ+-Inclusive Curriculum

On June 27, 2025, the U.S. Supreme Court issued a significant decision in Mahmoud v. Taylor, holding that public school parents who objected on religious grounds to LGBTQ+-inclusive elementary curriculum are entitled to a preliminary injunction allowing them to opt their children out of instruction involving such materials. The Court’s decision underscores constitutional limits on […]

Education Alert: Speech or Disruption? ‘Two Genders’ T-Shirt Blocked Under School Hate Speech Policy

Posted on in Education, News
Education Alert: Speech or Disruption? ‘Two Genders’ T-Shirt Blocked Under School Hate Speech Policy

On May 27, 2025, the United States Supreme Court declined to review the First Circuit’s decision in L.M. v. Town of Middleborough, upholding the lower court’s decision in favor of the school district, permitting the school’s dress code policy which prohibits clothing displaying hate speech. The First Circuit held that the school district acted within […]

Education Alert: Supreme Court Rejects Heightened Standard for Disability Discrimination Claims in Education Context

Posted on in Education, News
Education Alert: Supreme Court Rejects Heightened Standard for Disability Discrimination Claims in Education Context

On June 12, 2025, the U.S. Supreme Court unanimously ruled in A.J.T. v. Osseo Area Schools that public school students bringing disability discrimination claims under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act are not required to meet a heightened “bad faith or gross misjudgment” standard. The Court held that […]

Weston Hurd Seminar: Essential Legal Updates for Superintendents & Administrators on June 6!

Posted on in Education, News
Weston Hurd Seminar: Essential Legal Updates for Superintendents & Administrators on June 6!

Weston Hurd to host Ed Law Seminar: Essential Legal Updates for Superintendents & Administrators on June 6! There is still time to register for this event! In partnership with BASA, Weston Hurd Education Law Group will present a full-day seminar on Friday, June 6, 2025.  Speakers include: Eric Johnson, Megan Greulich, Peter Zawadski, Lisa Woloszynek, […]

Education Alert: Ohio’s Office for Exceptional Children Releases Forms and Seeks Input

Posted on in Education, News
Education Alert: Ohio’s Office for Exceptional Children Releases Forms and Seeks Input

The Ohio Department of Education & Workforce’s Office for Exceptional Children has released proposed revisions to the required and supplemental (formally optional) forms for special education student documentation. These form revisions include student Evaluation Team Report (ETR), Individualized Education Program (IEP), Prior Written Notice to Parents (PR-01), Manifestation Determination Review, and other related forms. Weston […]