The Legal Ledger

This week's blog post focuses on three tidbits of educational news involving Ohio’s truancy laws, the new reading tests required for some teaching licenses, and a policy brief on the educational use of technology for young children. 

Senate education committee to focus on truancy

Hannah News has reported that Sen. Peggy Lehner (R-Kettering), Chair of the Senate Education Committee, announced that the committee’s focus during the lame duck session will be pending legislation to revise the state’s truancy laws.  She plans to hold multiple…

Today, the U.S. Supreme Court agreed to hear an appeal from a Virginia school board seeking to prevent a high school student from using the boys' bathroom. In April, the U.S. Court of Appeals for the 4th Circuit gave deference to the federal government's position that Title IX, the federal law prohibiting discrimination "on the basis of sex" in public schools, protects the rights of transgender students to use school bathrooms that align with their gender identity. The court ordered the…

The Ohio Department of Education’s Office for Exceptional Children (OEC) released an updated version of Ohio’s System of General Supervision on Oct. 13. Federal law requires states to develop systems of general supervision to monitor school district implementation of the Individuals with Disabilities Education Act (IDEA) of 2004. OEC establishes this document, which is comprised of nine…

On October 13, the Ohio Department of Education (ODE) released evaluations of sponsors of community schools in Ohio, covering the 2014-15 and 2015-16 school years.  The evaluation framework was revamped in December 2015 following passage of HB 2, which reformed Ohio’s community school system. 

The evaluation examines three components—academic performance, compliance with rules and laws, and quality practices.  Based on these three components…

The U.S. Department of Education’s Privacy Technical Assistance Center (PTAC) has issued a guidance video concerning the use of email in schools and student data privacy. In the short video, the Department briefly explains the protections afforded student personally identifiable information (PII) by the Family Educational Rights and Privacy Act (FERPA) and asks school employees to evaluate the risks associated with using email as a convenient means of transmitting such sensitive information.

If you haven’t starting utilizing…

The Every Student Succeeds Act (ESSA) makes several changes to district responsibilities, including the addition of new requirements for students in foster care. With the Dec. 10 deadline for implementation quickly approaching, school districts should be having important conversations to ensure appropriate systems are in place to meet the new requirements.

As stated in the US Department of Education’s (DOE) June 23 Dear Colleague…

The OSBA legal assistance fund (LAF) was established in 1976.  The fund supports school districts that are defending legal challenges with the potential to affect public schools statewide. Support may come in the form of legal research, amicus curiae briefs, financial assistance and any other assistance as may be approved by the trustees. LAF is managed by a three-member board of trustees made up of OSBA’s president, president-elect and executive director.

In many cases, the fund provides assistance in the form of an amicus curiae, or “friend of the court” brief. An amicus…

House Bill (HB) 359, Ohio’s new Safe at Home program, became effective yesterday, Sept. 8. The HB 359 bill analysis is available here. The program creates a system of address confidentiality implemented through the secretary of state’s (SOS) office. The new provisions appear in Ohio Revised Code (RC) sections 111.41, 111.42…

On August 31, the United States Departments of Education and Health and Human Services (HHS), along with the Children’s Defense Fund (CDF) and the American Association of School Administrators (AASA), held a roundtable highlighting best practices for schools to get more students enrolled in health care.  At the roundtable, CDF and AASA unveiled the Insure All Children toolkit to help schools and districts enroll students in health care coverage as a part of the routine school registration process.  

John B. King, Jr…

Earlier this week, a U.S. District Court judge for the Northern District of Texas, issued a preliminary injunction prohibiting the U.S. Department of Justice and U.S. Department of Education from taking action to enforce their guidance letter on the rights of transgender students under Title IX.  For a summary of the federal guidance, please see our…