The Legal Ledger

One month from today, hundreds of newly-elected board members will begin terms of office on their local boards of education. Board inquiries concerning board transition, the organizational meeting, oath of office, and new board member training opportunities are some of the most frequently asked questions we respond to at this time of year. Please find below a list of resources OSBA has compiled to help districts, and new board members, during this transitional period:

Board member transition

The administrative offices for a district burn to the ground. A tornado wipes out electrical service for all of the schools in another district for three weeks. Computer hackers take over a district’s mainframe, shutting staff out and wiping out years of stored data. Would your district be prepared for one of these events?

School Law Workshop

As the Legal Ledger reported back in August, the Ohio Department of Education (ODE) has been working on amendments to its rule on required licenses for substitutes.  The amendment process is now complete and

Two state agencies have recently prepared new resources for school districts: The Ohio Department of Education (ODE) updated its truancy and attendance guidance, and the Ohio History Connection (OHC) added resources for properly managing local government records.

Truancy and discipline resources

A recent employee fatality in a school district highlighted an important, but often overlooked requirement by the Bureau of Workers Compensation (BWC): reporting. BWC/PERRP requires that all employee fatalities resulting from a work-related incident must be reported and recorded within eight hours, including inpatient hospitalization of three or more employees from a single work-related incident. The eight-hour reporting requirement starts when the accident takes place or as soon as the district becomes aware of the death or multiple hospitalizations.

In 1977, the U.S. Supreme Court ruled in Abood v. Detroit Board of Education that public-sector unions may be allowed to charge non-members an agency fee, also known as “fair-share.” These fees must be used strictly for the union’s overhead and administrative costs, such as the expenses incurred in negotiating contracts that benefit and apply to all employees, including those who are not dues-paying members of the union.

October is National Bullying Prevention Month, which was created with the goal of transforming a society that accepts bullying into one that recognizes that bullying can be addressed through education and support. It’s a great time for your school community to raise awareness of bullying and its consequences, and to promote your bullying prevention efforts.

Last year, San Francisco 49ers quarterback Colin Kaepernick made headlines for his refusal to stand for the National Anthem. NFL players, professional athletes in other sports and even Stevie Wonder recently followed Kaepernick’s example, motivated in part by President Trump’s call for team owners to fire and otherwise silence players who participate. As football season kicks off at high schools around the country, districts may wonder how to respond.

Today, the U.S. Department of Education (DOE) issued interim guidance for schools on how to investigate and adjudicate allegations of sexual misconduct under Title IX. The guidance follows a Sept.