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The lawsuit, filed in the Ohio Supreme Court, alleges the board and the district's treasurer violated their duties by not publicly sharing details of the district's internal response plan intended for if immigration enforcement officers show up on school grounds.
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Larry Hook says he will resign from the district's top job and likely retire from education at the end of the current school year.
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The three newly elected board members will replace current GOP-backed members Bob Bibb, Sara Jonas, and Mark Bell.
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Voters will decide what direction the Board of Education will go next.
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Jodi Harding has dropped out of the race after two reported incidents involving underage drinking at her home were brought to light.
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The new member was selected from a pool of 29 candidates to replace former board vice president Katie Stewart who resigned earlier this month after moving out of the district.
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Katie Stewart was elected to the Forest Hills Board of Education in 2021 and ran on an anti-critical race theory platform.
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In November, voters elected Wendy Strickler Biederman and Jason Simmons to fill two open seats in 2024. The two campaigned together and strongly opposed many actions of the board.
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The resolution first passed by the board in June 2022 banned assignments in the district where students would have to consider their race, socioeconomic class, religion, gender identity, or sexuality.
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The lawsuit was filed after a group of parents and students claimed the board's controversial resolution violated their First and Fourteenth amendment rights.