News & Views
Our one-stop education law blog on the issues Ohio schools face today, in addition to news updates about the firm.
Ohio Court Finds EdChoice Voucher Program Unconstitutional
On October 15, 2026, an appeals court issued a decision unanimously affirming the EdChoice voucher program to be unconstitutional under Article VI, Section 2, of the Ohio Constitution. This litigation arose due to EdChoice’s expansion from a limited scholarship program to a substantially broader program available to virtually every student across Ohio.
US DOE Issues New Guidance on Student Privacy Compliance
At the start of the 2026-27 school year, the U.S. Department of Education’s Student Privacy Policy Office (SPPO) issued a Dear Colleague Letter reiterating the legal requirements for local education agencies and state education agencies around education records under the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA). This is a required notice under federal regulations, yet this Letter also emphasized particular points of potential noncompliance and reiterated that noncompliance can result in the loss of federal funding.
Court Finds No Absolute Prohibition on Sharing Information From Executive Session
Members of public bodies may be required to testify about discussions held in executive session, according to a recent appeals court decision. The court found that public bodies have to be able to show their discussion topics were proper for executive session, and cannot claim a general “executive session privilege” to avoid offering that proof.
Congratulations to Kayla Tharp on Federal Clerkship
We are proud to announce that Gingo & Bair associate Kayla Tharp will be taking a temporary leave of absence beginning on August 1 to complete a year-long clerkship with Judge J. Philip Calabrese at the Northern District of Ohio.
Changes to Medical Marijuana Classifications Mean New Conversations for Schools
The U.S. Department of Justice has issued an order reclassifying medical marijuana from Schedule I drugs to Schedule III drugs. Schedule III drugs generally have acceptable medical benefits with a doctor’s prescription and moderate potential for abuse or dependence. This new classification of medical marijuana has implications for school districts from an employer perspective and from the perspective of supporting students with disabilities.
Legal Readiness for the Upcoming School Year: School District Summer Checklist
As another school year comes to a close, summer provides an important opportunity for districts to review compliance obligations, finalize personnel decisions, and prepare for the upcoming school year. Reviewing deadlines, updating policies, and coordinating with administrative staff now can help avoid issues later in the year.
ODEW Issues an Update on the Autism Scholarship Program
Recently, the Ohio Department of Education and Workforce’s (“ODEW”) Office of Nonpublic Educational Options issued “Scholarship Program Updates” on the Autism Scholarship. In the update, ODEW emphasizes that scholarship providers are not required members of a scholarship student’s IEP team and should not “participate” in writing goals, objectives, present levels of performance, etc. for the IEPs developed by the public school districts.
Vouchers Hurt Ohio Lawsuit: Court Updates and the Impact of Legislative Proposals
In 2022, a coalition of school districts, parents, children filed a lawsuit against the State of Ohio challenging the constitutionality of the State’s EdChoice voucher program. Eventually, more than 300 school districts joined the lawsuit, and in June 2025, Judge Jaiza Page entered judgment in favor of the plaintiffs, deciding that the EdChoice program is unconstitutional and should be enjoined. Following Judge Page’s decision, Representative Jamie Callender introduced House Bill 671, which would allow Ohio’s Department of Education and Workforce to withhold state funding from any public school district that is a complainant in the Vouchers Hurt Ohio lawsuit.
Ohio Federal Court Extends “Controversial Issues” Policy to Classroom Libraries
A federal court in Southern Ohio has ruled that school districts have some leeway to regulate teachers’ classroom libraries under board policies on teaching “controversial issues.” In Cahall v. New Richmond Exempted Village School District, the district suspended a teacher for three days for putting certain books in her classroom library for students to access, without administrative approval. The court did not hold that the controversial issues policy would allow for discipline of a teacher in all cases involving classroom libraries. But the Cahall case does open the door to discipline for teachers who knowingly put controversial books in their classroom libraries without administrative approval.
Changes Are Coming to Kindergarten Enrollment
On December 19, 2025, Governor DeWine signed House Bill 114 (“HB 114”) into law, which revises the minimum age requirements for admission to kindergarten for public school districts. HB 114 revises the minimum age requirements for student admission to kindergarten and eliminates the option for school districts to choose between August 1 and September 30 for kindergarten entry cutoffs. Beginning with the 2026-2027 school year, districts must admit to kindergarten any child who will be 5 years old by the first day of instruction.
’Tis the Season for Snowflakes, Statutes, and School Closings
As winter break approaches and the countdown to the New Year is officially underway, all of the signs of the season are here – twinkling lights, chilly mornings, and the occasional snowflake (or snowstorm!). While students may be dreaming of sledding and hot cocoa, school districts are busy preparing for winter weather and the possibility of school closings.
’Tis the season for a reminder of how winter weather and school closings impact the school year.
Is this the End of Amateur Athletics in Ohio?
There are big changes coming to high school sports in Ohio as the Ohio High School Athletic Association (“OHSAA”) considers changes to its name, image and likeness (“NIL”) rules. As it currently stands, Ohio is one of six (6) states that has rules that prohibit high school athletes from making money off their NIL. But in a decision in late October, a court in Columbus issued a 45-day temporary restraining order prohibiting the OHSAA from enforcing its regulations against high school athletes profiting from their NIL.
New Federal Regulations Will Require Districts to Make Web Content More Accessible to Individuals with Disabilities
Beginning in either April of 2026 or April of 2027 – depending on the size of the district – new federal regulations require schools to ensure their web sites and other online content are accessible to individuals with disabilities. That means schools will have to review their web content to determine, for example, whether online photos include a text description for a screen reader, or whether school calendars are available in a plain text option. This detailed review of district web content will take much time and effort on the part of schools to ensure compliance.
Employee Social Media: When Is It the District’s Business?
Recent events have brought the question front and center: When can public schools take action to regulate employees’ use of their personal social media accounts? While school employees have the right to their personal freedom of speech, those rights are limited by several key factors: (1) the subject of the speech, (2) whether the speech can be attributed to the district, and (3) whether the speech creates a substantial disruption in school, or diminishes loyalty and trust in the district.
Important Updates on Searches, Title IX and Student Speech Rights
Several recent rulings from courts in Ohio could have a big impact on public school districts. These decisions provide clarity and parameters on search and seizure in the context of public employment, school liability for employees’ inappropriate behavior, and student free speech rights.
Compliance Update: How to Ensure Your District is Ready for New Health Services Requirements
Several Ohio laws recently went into effect last month, and are aimed at how schools provide certain health services to students and how schools notify parents of services offered. To prepare for complying with these laws next school year, districts should review the following information on HB 8 and healthcare services, SB 234 and suicide prevention, and HB 206 and seizure action plans.
Gingo & Bair Law, LLC Welcomes Attorney Kayla Tharp
We are proud to announce that Kayla Tharp has joined the firm as our newest attorney. Kayla brings valuable experience representing public schools and employers in agency proceedings and complex litigation, with a focus on understanding the needs of each district and community.
Ohio Implements Changes to District Expulsion and Open Enrollment Options
On January 8, 2025, Governor DeWine signed House Bill 206 (“HB 206”) into law. It permits school districts to establish a policy that authorizes the superintendent to expel a student for up to 180 school days for actions that pose “imminent and severe endangerment” to the health and safety of other students or school employees. That same day, Governor DeWine also signed Senate Bill 208 (“SB 208”) into law which requires districts that entirely prohibit open enrollment, or otherwise only allow open enrollment for students in adjacent districts, to include an exception for military children in their open enrollment policies. The provisions of HB 206 and SB 208 are both set to go into effect on April 9, 2025.
Ohio Enacts Parents’ Bill of Rights
This week, Governor DeWine signed House Bill 8 (“HB 8”), also known as the Parents’ Bill of Rights, which, among other things, requires public school districts to adopt a policy that promotes parental involvement in the public school system by providing parental notification on student health and well-being and instructional materials that contain sexuality content as well as reaffirms a parent’s right to make decisions regarding their child’s education. HB 8 also includes provisions related to release time for religious instruction.
The bill will take effect within 90 days of the Governor’s signature – on or about April 8, 2025.
