David S. Hirt

David’s education law practice focuses on representing Ohio public school districts. He counsels school administrators, boards of education, and governing bodies on a broad range of personnel and student issues, and he serves as general counsel to boards.

In his labor and employment law practice, David assists administrators and boards with employee grievances and defends grievances through arbitration and in court. Additionally, he assists his clients with disciplinary matters and regularly attends pre-disciplinary hearings, while also advising administrators on appropriate discipline. David provides counsel on FMLA and ADA compliance, advises on interpretation of collective bargaining agreements, prepares memoranda of understanding, and defends boards against unfair labor practice charges. He also defends boards against complaints filed with the Ohio Civil Rights Commission, the U.S. Equal Employment Opportunity Commission, and in court.

David counsels school administrators on all student issues, including discipline; special education; and issues surrounding custody, enrollment, and tuition. He regularly attends special education and Section 504 team meetings, and he defends boards against special education due process complaints through hearing, the state level review process, and in court. David also defends boards against Formal Complaints filed with the Ohio Department of Education and discrimination complaints before the U.S. Department of Education Office for Civil Rights.

Additionally, he advises boards and administrators on general counsel issues, such as interpretation and modification of board policy, regulations, and guidelines, and compliance with Ohio’s Open Meetings Act. David prepares and reviews contracts with third parties and with board employees. He also assists administrators in responding to public records requests.

David is involved in all aspects of resolving Title IX sexual harassment complaints. He advises district Title IX coordinators, investigators, decision-makers, and appeal decision-makers. David serves as an outside Title IX investigator, decision-maker, and appeal decision-maker.

He provides up-to-date in-service training to school personnel about such topics as discipline of regular and special education students; manifestation determination reviews; comparing and contrasting IDEA and Section 504; transgender students; student enrollment, custody, and tuition issues; student searches; and Title IX. 

David 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, and modification and enforcement of municipal codes.

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