Public Record Retention Changes

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.

State auditor fraud hotline

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.

What requirements must be met before we may rehire a retired teacher or administrator?

With the end of the school year just around the corner and the conclusion of the fiscal year soon after, many school districts are searching for ways to tighten their belts. Rehiring retirees, while often controversial locally, is one option that a district might consider. School boards can renegotiate contracts in order to gain more control over costs, all while retaining experienced personnel. If a board of education decides to pursue a strategy of rehiring retirees, it must follow certain guidelines in order to comply with Ohio law.

Can a school board conduct votes in open session by using a secret ballot?

No. In advisory opinion 2011-038 (2011 Op. Att'y Gen. No. 038), the Ohio Attorney General (OAG) concluded that a public body (in this instance the State Board of Education) may not vote in an open meeting by secret ballot. The OAG determined that voting by secret ballot would violate Ohio's open meetings law in much the same way as a violation occurs when public officials whisper or pass documents among themselves during meetings or when a vote would improperly be taken during executive session.

Are we required to offer a coaching position to a teacher before hiring a non-licensed individual?

Yes. The general rule is that boards must first offer the opportunity to direct, supervise, or coach a pupil activity program to qualified, licensed individuals in the district (RC 3313.53). Boards of education are permitted to employ non-licensed individuals who have pupil activity permits to direct, supervise, or coach a pupil activity program, but only if the board passes a resolution that outlines two things.

Who is eligible for the health insurance coverage expansion to age 28

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.

Can we withhold the grades of students who haven't paid their fees?

Yes. RC 3313.642 (D) allows a school board to charge students for instructional materials and for the loss, damage or destruction of school equipment, musical instruments, library materials, or textbooks. If a student who is required to pay fees refuses to pay any fees or charges he or she is assessed, the student's grades and credits may be withheld by the board until such payment is made.