Posted by Sara Clark on

On December 20, 2012, House Bill (HB) 279 was signed by Governor Kasich. This bill made several significant changes to the laws regarding the grandparent power of attorney and caretaker authorization affidavit. The new language will become effective on March 20, 2013.

Power of Attorney. Before HB 279, a child's parent, guardian, or custodian could create a power of attorney that granted to a grandparent with who the child is residing any of the parent's, guardian's or custodian's rights and responsibilities regarding the care, physical…

Posted by Candice Christon on

Effective April 26, 2013, any individual applying for a first-time pupil-activity program permit or permit renewal is required to complete certain training programs related to concussions and head injuries in order to coach interscholastic activities.

Individuals applying for a first-time permit must successfully complete a training program that focuses on brain trauma and brain injury management (RC 3319.303). In addition, individuals applying for a permit renewal must have successfully completed a training program that recognizes the symptoms of concussions and head injuries or a…

Posted by Sara Clark on

On January 14, 2013, President Barack Obama signed the "Uninterrupted Scholars Act of 2013." The Act amends the Family Educational Rights and Privacy Act of 1974 (FERPA), which generally prohibits the release of personally identifiable information from student education records without written consent from a parent or eligible student.

Before the Act's passage, the records of foster youth could not be easily obtained by agency caseworkers. A child welfare worker was required to obtain parental consent for the transfer of education records or receive a court order from a judge. The…

Posted by Candice Christon on

As of September 24, 2012, the deadline for the notification of contract nonrenewals for teachers and all administrators, except superintendents and treasurers, has changed. SB 316, which became effective on September 24, 2012, requires districts to provide notice to teachers whose contracts will be nonrenewed by June 1 (RC 3319.11). Previously, districts were required to provide teachers notice by April 30. In addition, districts must provide notice to administrators, other than superintendents and treasurers, whose contracts will be nonrenewed by June 1 (RC 3319.02). The previous…

Posted by Sara Clark on

I recently listened to a webinar conducted by the Ohio Historical Society (OHS) that was designed to review best practices for managing and retaining public records in Ohio. The host of the webinar mentioned a change that HB 153 made to record retention practices. It has the potential to lessen the burden on school districts with regard to the disposal of records, so it's worth repeating.

As you know, school districts are required to adopt RC-2 schedules. These schedules list the type of documents a district plans to retain and the length of time it will retain them. The schedules…

Posted by Sara Clark on

House Bill 66, which takes effect May 4, 2012, requires the Auditor of State to maintain a system for the reporting of fraud, including the misuse of public money by any public official or office. The system allows individuals to make anonymous complaints through a toll-free telephone number, the Auditor of State's website, or through the United States mail. The Auditor's office is required to keep a log of all complaints filed.

Who may file a complaint with the Auditor of State's office?
Ohio residents and the employees of any public office may file a complaint…

Posted by OSBA Legal Ledger on

HB 1, which became effective in October 2009, requires insurers, Multiple Employer Welfare Arrangements (MEWAs), health insuring corporations (HICs) and public employee benefit plans to offer parents the opportunity to purchase health care coverage for their children up to age 28. This new opportunity must be provided for all policies or contracts issued or renewed, and plans established or modified, on or after July 1, 2010.

Who is eligible? To receive benefits up to age 28, the unmarried child must…

Posted by OSBA Legal Ledger on

The State Board of Education has filed new draft rehabilitation rules with the Joint Committee on Agency Rule Review (JCARR). This act begins the formal rule-making process and triggers a public hearing before the State Board. The hearing on these rules is June 18 at 11:00am.

HB 428, enacted in 2008, prohibited boards of education from employing, and required them to release, employees who committed certain crimes. Under prior law, the State Board adopted a rehabilitation rule that allowed educators who committed some less serious crimes to be rehabilitated and thus…

Posted by OSBA Legal Ledger on

Ohios minimum wage increased to $7.30 on January 1, 2009. The increase applies to all employers that gross more than $267,000 per year, a category within which most, if not all Ohio public schools fall. Exempted from the increase are 14 and 15-year-old employees, who will continue to receive the federal minimum wage of $6.55 through July 24, 2009, at which time the federal rate will increase to $7.25 per hour. Also exempted are tipped employees, who receive $3.65 per hour, before tips. For more information, please contact the OSBA Legal Division.