This spring, the United States Supreme Court will hear the case of City of Ontario v. Quon, which questions whether the Fourth Amendment protects the privacy of text messages that a government employee sends by electronic device.
In the case of Lowery v. Jefferson County Bd. of Educ., a high school football coach from Jefferson County High School in Tennessee dismissed three students from the football team for challenging his leadership. After the students parents were unsuccessful with their complaints to school officials, they addressed their concerns to the Jefferson County Board of Education.
On January 1, 2010, changes became effective regarding background check requirements for licensed educators in Ohio. For initial applicants for a license, the requirements are the same: initial applicants for a license must complete both an Ohio criminal background check (BCII) and an FBI criminal background check. These checks need to be less than 365 days old to be considered valid for licensing purposes.
Boards are generally permitted to adopt a resolution to grant board members free admission to school-sponsored events, but should be cognizant of the relevant ethics laws and the potential for appearances of impropriety. The Ohio Revised Code prohibits public officials, including school board members, from using their office to solicit or accept things of value from those parties they regulate or with whom they do business.
Before beginning the duties of the office, each new board member is required to take an oath of office. Board inquiries concerning the administration of the oath prove to be some of the most frequently asked questions we respond to in early January. Below, I have provided answers to some of the recent questions we have received.
Effective January 1, 2009, the School Employee Health Care Board (SEHCB) outlined four best practice standards, which are codified in Section 3306-2-03 of the Administrative Code. The fourth of these standards addresses dependent eligibility audits and requires all health plan sponsors offering health care plans to employees of a public school district to conduct periodic dependent eligibility audits and send the aggregate results of the audit to the SEHCB.
Advisory Opinion No. 2009-06, Ohio Ethics Law and Stimulus Funds
Ohio Supreme Court expounds on statutory damages, attorneys fees and costs in post-HB 9 public records mandamus case. The Ohio Supreme Court ruled on a recent public records case against a police department, and the ruling has implications for all public entities. The case, State ex rel. Doe v. Smith, 123 Ohio St.3d 44, concerned the availability of a sealed juvenile record. A citizen had made a public records request in late November 2007 for records to the Pierce Township Police Dept.
State ex rel. Perrea v. Cincinnati Pub. Sch., Ohio St.3d , 2009-Ohio-4762 Perrea, a teacher at Hughes High School in the Cincinnati Public School District (CPS), filed repeated public records requests seeking copies of the standardized tests that are administered to all of the districts ninth grade students at the end of each semester. Perrea stated that he was concerned about the design, implementation and scoring of the examinations, which were developed by WestEd at a cost of $270,000, and claimed that he did not intend to use the copies for any commercial purpose.
In June 2008, the Ohio High School Athletic Association (OHSAA) Board of Directors approved a recommendation that coaches in Ohio be required to take the National Federation of State High School Associations Fundamentals of Coaching course. All interscholastic coaches in grades 7-12, whether certified to teach or not, paid or volunteer, are required to take the course as a one-time fulfillment. All coaches without a current pupil activity permit are required to complete the course by January 1, 2010.
