David S. Hirt

David’s Education Law practice focuses on representing Ohio school districts and municipalities. He counsels school administrators, boards of education, and governing bodies on personnel issues, including FMLA and ADA compliance, all aspects of employee discipline – including pre-disciplinary hearings, grievances, arbitration, policy and regulation revision, and collective bargaining. David also advises school administrators on student issues such as discipline, special education, and issues surrounding custody, enrollment, and tuition. He also assists administrators and boards to respond to public records requests and comply with Sunshine law requirements.
 
Most recently, David has provided up-to-date in-service training to school personnel about discipline of regular and special education students; manifestation determination reviews; comparing and contrasting IDEA and Section 504; transgender students (including use of preferred name, records, diplomas, transcripts, athletics, restroom and locker room use, and overnight trips);, student enrollment, custody, and tuition issues; and student searches. 
David also offers his clients legal counsel and training to address the required procedures and protocols to address Title IX sexual harassment complaints. He is also available to serve as a Title IX investigator, decision-maker, or appeal decision-maker for school districts and institutions of higher education that Roetzel & Andress does not represent.

David also advises municipalities on many of the same issues that occur with the representation of school boards, including a variety of labor and employment issues, responding to public records requests, Sunshine law compliance, and policy and regulation creation and revision. In addition, he counsels municipalities on planning and zoning issues, eminent domain, and modification and enforcement of municipal codes.

David represents school boards and municipalities before administrative agencies, such as the Equal Employment Opportunity Commission, the Ohio Civil Rights Commission, and the U.S. Department of Education Office for Civil Rights, against discrimination claims. He represents public employers against unfair labor practice claims made to the Ohio State Employment Relations Board. David also represents school boards and municipalities in Ohio’s state courts, the U.S. District Courts for the Northern and Southern Districts of Ohio, and the U.S. Sixth Circuit Court of Appeals.

Experience

• Obtained judgment on the pleadings for STEM school and dismissal of federal court complaint alleging violations of the ADA and Section 504
• Obtained dismissal of complaint against school board treasurer alleging federal Wire Tap Act and Stored Communications Act claims
• Obtained summary judgment and dismissal of complaint from U.S. District Court, and then successfully defended the court’s decision before the Sixth Circuit Court of Appeals, in complaint by former employee alleging violation of due process rights in termination of employment in Sixth Circuit Court of Appeals
• Achieved summary judgment for school board and superintendent in former employee’s wrongful termination and FMLA claims
• Obtained judgment on the pleadings for school board and superintendent and dismissal of student’s claim of violation of 14th Amendment right to familial association
• Obtained judgment on the pleadings and dismissal of complaint from Ohio trial court, then successfully defended trial court’s decision before court of appeals, of complaint against school board alleging violation of numerous laws when student transportation was privatized; successfully defended SERB’s dismissal of unfair labor practice charge and arbitrator’s dismissal of grievances in related litigation in the Ohio court of common pleas
• Successfully defended board of zoning appeals denial of property owner’s application for a lot split on appeal

Services

• Education Law

Industries

• Education

1. Indiana University Maurer School of Law, J.D.
2. Indiana University, M.S., Geological Science
3. Kent State University, B.S., Geological Science

Bar Admissions

1. Ohio

Court Admissions

1. U.S. Court of Appeals, Sixth Circuit
2. U.S. District Court, Northern District of Ohio
3. U.S. District Court, Southern District of Ohio

Professional Affiliations

• Ohio School Boards Association's Ohio Council of School Board Attorneys
• Ohio State Bar Association