Legislative Changes

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

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.

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.

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.

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.

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).

I recently listened to a webinar conducted by the Ohio Historical Society (OHS) that was designed to review best practices for managing and retaining public records in Ohio. The host of the webinar mentioned a change that HB 153 made to record retention practices. It has the potential to lessen the burden on school districts with regard to the disposal of records, so it's worth repeating.

House Bill 66, which takes effect May 4, 2012, requires the Auditor of State to maintain a system for the reporting of fraud, including the misuse of public money by any public official or office. The system allows individuals to make anonymous complaints through a toll-free telephone number, the Auditor of State's website, or through the United States mail. The Auditor's office is required to keep a log of all complaints filed.

HB 1, which became effective in October 2009, requires insurers, Multiple Employer Welfare Arrangements (MEWAs), health insuring corporations (HICs) and public employee benefit plans to offer parents the opportunity to purchase health care coverage for their children up to age 28. This new opportunity must be provided for all policies or contracts issued or renewed, and plans established or modified, on or after July 1, 2010.

The State Board of Education has filed new draft rehabilitation rules with the Joint Committee on Agency Rule Review (JCARR). This act begins the formal rule-making process and triggers a public hearing before the State Board. The hearing on these rules is June 18 at 11:00am.