New legal resources

We wanted to direct your attention to two new legal resources that can be used by school attorneys, board members, and the districts they serve.

Proposed changes to FLSA overtime exemptions

On July 6, 2015, the U.S. Department of Labor (DOL) published its much-anticipated proposed changes to the Fair Labor Standards Act (FLSA). These proposed regulations are the response to President Obama’s March 2014 directive to the Secretary of Labor to “update and modernize” the overtime exemption rules under the FLSA. If adopted, the changes will have a significant impact on employers’ abilities to treat certain employees as exempt from receiving overtime compensation.

Current regulations

New rules for school safety plans

Each board of education is required by law to adopt a “school safety plan” for each building in the district. Recently, the laws have changed regarding the creation and submission of these plans.  Changes to RC 3313.536 became effective last fall, and ODE’s accompanying administrative rule (OAC 3301-5-01) became effective in January.  Changes include:

Name change.  Previously, the law referred to these plans as “school safety plans.”  The new laws change the name of the plans to “emergency management plans.”

Calamity Days

Last week, the Ohio House of Representative and Ohio Senate took action to develop a plan that will provide four additional calamity days to school districts.  Here’s a summary of some of the key provisions of the bill, as well as the answers to a few of the more frequently asked questions we’ve received:

Changes to withholding grades and credits

As of October 11, 2013, HB 14 has limited the circumstances in which a board of education may withhold the grades and credits of students who have failed to pay fees and charges. Under the newly amended provisions of RC 3313.642, boards of education are prohibited from withholding the grades, credits, official transcripts, diplomas, IEPs, or 504 plans of a student for the nonpayment of fees for materials used during the course of instruction if:

-a complaint has been filed in juvenile court alleging that a student is an abused, neglected, or dependent child; or

Addition to executive session topics

On June 30, 2013, House Bill (HB) 59, also known as the budget bill, was signed by Governor Kasich. Effective September 29, 2013, the bill added a new topic to the topics that may be discussed during an executive session of a public body.

Under current law, RC 121.22 (G) provides seven topics, six of which are applicable to school boards, which allow public bodies to remove themselves from public view to engage in discussion regarding certain matters.