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NOTE: This information is designed merely to inform and alert you of recent legal developments. This blog is not a substitute for competent legal counsel and readers should not act upon this information without legal advice. If legal advice is needed with respect to a specific factual situation, readers are encouraged to seek professional assistance.
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Declining, resigning and failing to qualify

What happens when the person elected to a school board position in November decides they don’t want to be a board member? Over the years, OSBA’s legal division has gotten a number of questions from school districts with a variety of factual situations involving how their boards will be structured after an election. One unusual situation is when a person who was elected in November has decided in the intervening months that they are not interested in serving in the position. The key question to answer is when does the position become vacant. 

Taking the oath of office

Under state law, a school board member must take an oath of office before entering upon the duties of their office. Recently, many school districts across the state received public records requests for copies of the oaths of office for current board members.

Sixth Circuit Court examines First Amendment concerns raised by pronoun usage in schools

In a decision issued earlier this month, the 6th Circuit Court of Appeals concluded that disciplining students for using biological pronouns rather than their classmates’ preferred pronouns violates the First Amendment. The case, Defending Edn. v. Olentangy Local School Dist. Bd. of Edn., was originally brought in response to three district policies regarding harassment, bullying and the use of personal communication devices.

Mastering the gavel: Parliamentary procedure for school boards

In this Legal Ledger Sidebar, Jennie Hardin and Sara Clark discuss some of the basics of parliamentary procedure, a key tool for a board president when guiding the board through its agenda. The discussion covers topics such as types of motions, managing amendments, and revisiting the board’s prior decisions. 

Are your district websites and apps accessible under the ADA?

In April 2024, the US Department of Justice (DOJ) issued a new rule that sets technical requirements for school districts and other state and local governments to follow to make sure their websites and mobile apps are accessible to individuals with disabilities.