We have all been inundated with information about COVID-19 from many sources, including many orders coming from the Governor and the Ohio Department of Health (ODH). Some restrictions have been lifted or modified while other restrictions still remain in effect. OSBA has been asked numerous times about the restriction on gatherings of ten or more people, virtual meetings and the extension of time to fill a board vacancy.
The restriction on gatherings of ten or more people was first introduced in the ODH Director’s Mar. 22 “Stay at Home Order.” It was also in the Apr. 2 “Amended Stay at Home Order,” and in the May 1st “Stay Safe Ohio Order.” On May 29, the “Updated and Revised Order for Business Guidance and Social Distancing” included the prohibition of “all public and private gatherings of greater than 10 people occurring outside a single household and connected property, or living unit and connected property are prohibited, except for the limited purposes permitted by Orders of the Director” of ODH. The May 29 order was extended until July 7 by a June 30 order. On July 7, it was extended until Gov. Mike DeWine’s Executive Order 2020-01D, declaring a state of emergency, is lifted or the May 29 ODH order is rescinded or modified. So, the prohibition on gatherings of ten or more people is still in effect.
Virtual board meetings were authorized by House Bill (HB) 197 and will remain in effect until the earlier of the lifting of Executive Order 2020-01D or Dec. 1, 2020. As of today, Aug. 31, 2020, virtual board meetings are still permissible. A board still must abide by the requirements within HB 197 to hold a virtual meeting or have any or all of its members attend via teleconference or videoconference.
HB 197 also allowed the State Superintendent of Public Instruction, Paolo DeMaria, to extend many dates and deadlines associated with schools, teachers, policy and board vacancies. Under that authority, Superintendent DeMaria extended the time allowed for boards to find a candidate for a vacancy on a board of education. He extended the time from 30 days to 60 days. Unfortunately, this extension ended on July 7, 2020, the deadline for filling vacancies has reverted back to 30-day time frame after the vacancy occurs.
As always, the OSBA division of legal services continues to monitor these orders and will post information as it becomes available. If you have questions, please contact the division at 1-855-OSBA-LAW.