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US Supreme Court Holds IDEA Due Process Hearing Not Required to Sue for Damages Under the ADA

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US Supreme Court Holds IDEA Due Process Hearing Not Required to Sue for Damages Under the ADA

On March 21, 2023, the United States Supreme Court issued a ruling allowing parents to seek financial damages under the Americans with Disabilities Act (ADA) without first participating in a due process hearing. This ruling may have important implications for school districts facing legal challenges from parents of students with disabilities. See 21-887 Luna Perez […]

OHIO’S ANTI INDEMNITY IN PUBLIC PROJECT CONTRACTS WITH DESIGN FIRMS BECOMES LAW

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OHIO’S ANTI INDEMNITY IN PUBLIC PROJECT CONTRACTS WITH DESIGN FIRMS BECOMES LAW

Weston Hurd LLP worked closely with the American Council of Engineering Companies of Ohio (ACEC Ohio) to draft legislation limiting the scope of contractual indemnification against design professional firms in public improvement contracts. Senate Bill 56 became law effective March 14, 2023, enacting §153.81 of the Revised Code to regulate the use of indemnity provisions […]

Assessing Employee Severance Agreements Following the NLRB’s McLaren McComb Decision

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Assessing Employee Severance Agreements Following the NLRB’s McLaren McComb Decision

On February 21, 2023, the National Labor Relations Board issued a decision finding that broad confidentiality and non-disparagement provisions of a severance agreement were unlawful because they interfered with employee rights under the National Labor Relations Act. The McLaren McComb case dealt with a severance agreement offered to an employee who was laid off in the wake […]

Ohio’s New Texting and Driving Law

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Ohio’s New Texting and Driving Law

On January 3rd, 2023, Ohio Governor Mike DeWine signed Senate Bill 288 (“SB 288”) into law. This 500-page bill makes sweeping changes to numerous aspects of criminal law and the justice system. The bill also creates some new criminal offenses that did not previously exist in Ohio. The new laws take effect in April. Under […]

Navigating the Identification of “Parent” for Students with Disabilities

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Navigating the Identification of “Parent” for Students with Disabilities

Who is the Parent? Under the Individuals with Disabilities Education Improvement Act (IDEA), and as further narrowed by the Ohio Operating Standards for the Education of Children with Disabilities, “parent” means: A biological or adoptive parent (not a foster parent); A guardian generally authorized to act as the child’s parent, or authorized to make educational […]

Title IX Update: Office for Civil Rights Issues New Guidance on Interscholastic Athletics

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Title IX Update: Office for Civil Rights Issues New Guidance on Interscholastic Athletics

On Friday, February 17, 2023, likely in response to a plethora of class-based complaints relating to girls’ basketball, the Department of Education’s Office for Civil Rights (OCR) published three resources in support of equal opportunity related to athletic programming in accordance with Title IX. OCR released these resources to help parents, coaches, educators, and students […]