The Legal Ledger

There are special rules in place for teachers and other instructional employees who take leave under the Family and Medical Leave Act (FMLA) at or near the end of the school year. The federal regulations contemplate three different scenarios, depending on when the employee takes the leave.

• More than 5 weeks until summer. If an employee begins FMLA leave more than five weeks before the end of the term, the district may require the employee to continue taking leave until the end of the term if the leave…

Yes. RC 3313.642 (D) allows a school board to charge students for instructional materials and for the loss, damage or destruction of school equipment, musical instruments, library materials, or textbooks. If a student who is required to pay fees refuses to pay any fees or charges he or she is assessed, the student's grades and credits may be withheld by the board until such payment is made. Keep in mind that recent changes to RC 3313.642 now prohibit school boards from charging instructional fees to students who are eligible for a free lunch under the National School Lunch Act and the…

This spring, the United States Supreme Court will hear the case of City of Ontario v. Quon, which questions whether the Fourth Amendment protects the privacy of text messages that a government employee sends by electronic device.

In 2001, the city of Ontario, California distributed pagers to a number of the employees in its police department. Jeff Quon, a member of the departments SWAT team, received one of the pagers. The city had no official policy governing…

In the case of Lowery v. Jefferson County Bd. of Educ., a high school football coach from Jefferson County High School in Tennessee dismissed three students from the football team for challenging his leadership. After the students parents were unsuccessful with their complaints to school officials, they addressed their concerns to the Jefferson County Board of Education.

The Jefferson County Board of Education had a policy in place that allowed an individual to apply to…

On January 1, 2010, changes became effective regarding background check requirements for licensed educators in Ohio. For initial applicants for a license, the requirements are the same: initial applicants for a license must complete both an Ohio criminal background check (BCII) and an FBI criminal background check. These checks need to be less than 365 days old to be considered valid for licensing purposes.

However, HB 1 modified the requirements for educators who need to renew a…

Boards are generally permitted to adopt a resolution to grant board members free admission to school-sponsored events, but should be cognizant of the relevant ethics laws and the potential for appearances of impropriety. The Ohio Revised Code prohibits public officials, including school board members, from using their office to solicit or accept things of value from those parties they regulate or with whom they do business. The Ohio Ethics Commission provides general guidance on accepting gifts, meals, entertainment or other things of value in Information Sheet #7, which is available…

Before beginning the duties of the office, each new board member is required to take an oath of office. Board inquiries concerning the administration of the oath prove to be some of the most frequently asked questions we respond to in early January. Below, I have provided answers to some of the recent questions we have received.

Who may give the oath of office? The oath may be given by a number of people, including the treasurer, any other current board member, any…

Effective January 1, 2009, the School Employee Health Care Board (SEHCB) outlined four best practice standards, which are codified in Section 3306-2-03 of the Administrative Code. The fourth of these standards addresses dependent eligibility audits and requires all health plan sponsors offering health care plans to employees of a public school district to conduct periodic dependent eligibility audits and send the aggregate results of the audit to the SEHCB.

Dependent eligibility audits are…

Advisory Opinion No. 2009-06, Ohio Ethics Law and Stimulus Funds

The new advisory opinion, effective Oct. 30, 2009, addresses the issue of whether Ohio Ethics Law and related statutes apply to public officials and employees who are involved in the allocation and use of the American Recovery and Reinvestment Act (Stimulus Bill) funds. The answer is yes. For purposes of the Ohio Ethics Law and statutes that govern conflicts of interest in public contracting, purchases and payments made pursuant to the…

Ohio Supreme Court expounds on statutory damages, attorneys fees and costs in post-HB 9 public records mandamus case. The Ohio Supreme Court ruled on a recent public records case against a police department, and the ruling has implications for all public entities. The case, State ex rel. Doe v. Smith, 123 Ohio St.3d 44, concerned the availability of a sealed juvenile record. A citizen had made a public records request in late November 2007 for records to the Pierce Township Police Dept. concerning any and all reports on an aggravated arson committed by a juvenile at a residence in the…