Legal Ledger Categories

We wanted to direct your attention to two new legal resources that can be used by school attorneys, board members, and the districts they serve.

OSBA’s legal division recently received a question from a member who asked whether a board could adopt a policy requiring proof of vaccinations for service animals accompanying students in the district’s buildings.  The board’s purpose in asking for such proof was to confirm that the animal was not a health risk to students in the building.

On July 6, 2015, the U.S. Department of Labor (DOL) published its much-anticipated proposed changes to the Fair Labor Standards Act (FLSA). These proposed regulations are the response to President Obama’s March 2014 directive to the Secretary of Labor to “update and modernize” the overtime exemption rules under the FLSA. If adopted, the changes will have a significant impact on employers’ abilities to treat certain employees as exempt from receiving overtime compensation.

Current regulations

It’s that time of year again to attend the Ohio School Boards Association’s annual Attendance, Tuition and Custody Law Workshop. The workshop will take place on August 7, 2015, at the Nationwide Hotel & Conference Center. The workshop will include the following sessions:

Employees and volunteers that direct, supervise, or coach a student activity program that involves athletics, routine or regular physical activity, or activities with health and safety considerations must obtain a pupil activity permit.  The Ohio Department of Education issued a recent reminder to begin the process for the application of pupil activity permits for coaches.

House Bill 153, which was passed on May 27, 2015, amended certain election dates. Under current law, presidential primaries are held on the first Tuesday after the first Monday in March, unless otherwise noted by a municipal charter or county charter. HB 153 shifts the primary to the second Tuesday after the first Monday of the month. For 2016, this means that the presidential primary that was scheduled for March 8 will now take place on March 15.

In a victory for Ohio schools, the U.S. Supreme Court unanimously overturned the Ohio Supreme Court in Ohio v. Clark, finding that the admission of a teacher’s testimony regarding a pre-school student’s answers to her inquiries about suspicious injuries is not a violation of the Sixth Amendment’s Confrontation Clause. OSBA’s Legal Assistance Fund joined the National Education Association, the American Federation of Teachers, and the National School Boards Association, and submitted an amicus brief arguing that the Ohio Supreme Court’s decision needed to be overturned.

A new program for the 2015-16 school year, College Credit Plus (CC+) replaces the Post-Secondary Enrollment Options program and most other existing dual enrollment programs.  While the first round of notice and application deadlines have passed for CC+, school responsibilities under the program span the entire school year.  School district administrators should be aware of the following:

With less than a month remaining in the current term, the U.S. Supreme Court delivered an opinion on Monday that could have potential employment implications for Ohio school districts.

In EEOC v. Abercrombie & Fitch Stores, a clothing store declined to hire Samantha Elauf, a 17-year-old Muslim, because a religious headscarf that she wore to her interview conflicted with Abercrombie’s employee dress code policy.

Students aged sixteen and seventeen, who are employed during the summer months after the last day of spring classes and before fall classes begin, are not required to provide their employer with an age and schooling certificate as a condition of employment (RC 4109.02). This exception applies if the student is employed in an area that is nonagricultural and nonhazardous as well as any other area of employment that is not prohibited to persons aged sixteen and seventeen.