The U.S. Citizenship and Immigration Services (USCIS) has recently revised its Employment Eligibility Verification form, Form I-9. Employers are required to use this form to verify the identity of each new employee hired and to verify that they are authorized to work in the United States. However, employers are not required to complete the revised version of Form I-9 for current employees that already have a properly completed form on file, unless re-verification is required. Re-verification is required when a current employee's employment authorization or employment authorization…
Posted by Candice Christon on
Posted by Hollie Reedy on
School districts sometimes receive requests for public records citing the federal Freedom of Information Act, or "FOIA."
Are school districts in Ohio, political subdivisions of the State, subject to the Freedom of Information Act? The answer is no.
The federal law does not apply to state agencies or local political subdivisions, which include school districts, township trustees, sheriff's offices, villages, city councils, county commissioners, etc. [U.S. Code Title 5, Sections 551(1) and 552(f)] There are a number of Ohio Supreme Court cases noting that the FOIA does not…
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 Candice Christon on
The Supreme Court of Ohio recently ruled on a public records case between Columbus State Community College and a former employee. The ruling may assist school districts dealing with overbroad public records requests.
In the case, State ex Rel. Zidonis v. Columbus State Cmty. Coll., 2012-Ohio-4228, Sunday Zidonis was terminated from her employment with Columbus State. Following her termination, Zidonis made several public records requests to the college for certain emails as well as complaint and litigation files over a six-year period.
After receiving the public…
Posted by Sara Clark on
The OSBA Legal Assistance Fund (LAF) recently provided support to the Chardon Local School District Board of Education by providing financial assistance in a teacher termination case.
In 2010, a teacher employed by the Chardon Local School District caused a head-on collision with another automobile, resulting in severe injuries to the driver of the other vehicle. The teacher, who admitted that she had been drinking before the collision, lied to the investigating police officer by telling him that her husband was driving the car involved in the collision. Only after the officer…
Posted by Sara Clark on
As of September 10, 2012, applicants for licensure or public employment no longer are required to complete Declaration of Material Assistance/Non-assistance (DMA) forms. These forms were required to be completed by certain applicants to certify that they had not provided "material assistance" to a terrorist organization. HB 487, which became effective on September 10, 2012, repealed statutory provisions requiring the completion of these forms. As a result, districts no longer should require applicants to complete these forms and should remove them from hiring packets, online forms, and any…
Posted by Candice Christon on
The OSBA Legal Assistance Fund (LAF) recently participated in an Ohio Supreme Court case between The Ohio State University (Ohio State) and ESPN. The LAF joined the Ohio Legal Rights Service, Community Legal Aid Services, and Northeast Ohio Legal Services, and submitted an amici curiae brief arguing that Ohio State was prohibited from disclosing the records requested by ESPN pursuant to Ohio's Public Records Act and the Family Education Rights and Privacy Act (FERPA).
In the case, State ex rel. ESPN Inc. v. Ohio State Univ., Slip Opinion No. 2012-Ohio-2690, ESPN…