Teacher Resignations

Ohio Revised Code Section (RC) 3319.15 sets out the procedure a teacher seeking to cancel his or her contract with the board must follow. The statute states that teachers, as well as superintendents and other administrators, may terminate their contracts by providing five days written notice to the employing board. However, the law prohibits teachers from terminating contracts after July 10 of any school year without the consent of the board.

Two more Supreme Court decisions today

The Supreme Court held today that a strip search of a teenager violated the 4th Amendment. See coverage from the New York Times for details on Safford v. Redding. The Court also issued an opinion in the legal battle that started in 1988 over Arizona's funding of English language education.

US Supreme Court Court may order reimbursement for private school for student denied FAPE

The United States Supreme Court released a 6-3 opinion yesterday in an IDEA case,Forest Grove School Dist. v. T.A.. In a decision that is troublesome for public school districts, the Supreme Court found in favor of the student, holding that courts may order reimbursement for a unilateral private school placement where the student has not previously received special education services from a public school district.

New draft rehabilitation rules filed

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.

Can we buy a jammer to cut cell phones in certain areas of a school?

So-called "jammers" block the signals of telecommunications devices so that they do not function in certain areas. Given the proliferation of cell phones in schools, many educators would love to have an "off" switch they could flip in classrooms or during testing periods. The Federal Communications Commission (FCC) takes the position that the use of jammers violates the Communication Act of 1934. Its Web site states:

Minimum wage increases continue

Ohios minimum wage increased to $7.30 on January 1, 2009. The increase applies to all employers that gross more than $267,000 per year, a category within which most, if not all Ohio public schools fall. Exempted from the increase are 14 and 15-year-old employees, who will continue to receive the federal minimum wage of $6.55 through July 24, 2009, at which time the federal rate will increase to $7.25 per hour. Also exempted are tipped employees, who receive $3.65 per hour, before tips. For more information, please contact the OSBA Legal Division.

Financial disclosure deadline approaching

We're back from our brief technology-induced hiatus and, according to the calendar, it's almost time for financial disclosure statement filing. The Ohio Ethics Laws require certain public officials and employees to file annual financial disclosure statements with the Ohio Ethics Commission. The deadline to file the forms is April 15th. Who needs to file? All district treasurers, superintendents, and business managers must file the forms. School board members in districts with ADM in excess of 12,000 must file as well.

Does HIPAA or FERPA apply to student health information?

HIPAA, the Health Insurance Portability and Affordability Act of 1996 and its regulations contain a Privacy Rule that requires covered health care providers to keep health information confidential. The Family Educational Rights and Privacy Act (FERPA) covers students enrolled in elementary, secondary and postsecondary schools that receive federal funding. It requires school districts to keep confidential students' personally identifiable information other than directory information.