Legal Ledger Categories

In many school districts in Ohio and across the country, families are attempting to "opt out" of mandated state assessments, particularly those aligned to the Common Core. Opt-out requests can take several forms. In some cases, parents choose to keep their children home from school on test and make-up days. In others, the student comes to school on test day, but refuses to take the test. Other parents will send a letter to school on test day or in advance, stating that their child should not be required to take the test.

Voting on matters of business that come before the board is an important duty for school board members. Whenever possible, board members are encouraged to take a stand and cast a vote. An abstention is considered as a “not voting,” which means that it’s neither a vote in favor nor a vote against the motion being made. Sometimes, an abstention makes the difference in whether a motion receives the required number of votes to pass. 

As a result of House Bill (HB) 487, community (AKA charter) school and STEM school students may now participate in extracurricular activities in certain school districts under RC 3313.537. The changes became effective on September 17, 2014. 

What are the changes?

Homeless students may attend school in the school of origin or the new school of residence. The school of origin is defined as the district in which the student attended prior to becoming homeless. The school of residence is defined as the district where the homeless student has temporary shelter. The McKinney-Vento Homeless Assistance Act requires the districts to make a best interest determination of where a homeless student should attend school.

Recently, the Ohio Attorney General’s office (OAG) was asked to provide clarification regarding a district’s tuition obligation for adult students who “support themselves by their own labor.”  Since this phrase is not currently defined by law, the OAG was asked for an opinion on its meaning.  But before we delve too far into the opinion, some additional background information may be in order.

Recently, OSBA made an inquiry to the Bureau of Criminal Investigation (BCI) to determine whether the costs for criminal background checks on school employees, conducted by the appointing or hiring officer of a board of education, would increase beginning July 1, 2014. The answer is no.

Issues may arise that require a board of education to call a special board meeting. A special meeting refers to any meeting that is not a regular meeting. If the meeting was not set at the board’s organizational meeting in January, it is considered a special meeting. The board president, treasurer or any two board members may call the meeting (RC 3313.16).

Earlier this spring, the parents of an elementary school student sued a New York school district after the student broke his nose during a game of dodgeball in gym class.  The injured student wasn’t hit by a ball, but by a panicked classmate who ran around the gym aimlessly until his head crashed into the other student’s face.  The injured student’s parents filed a lawsuit against the district, claiming that there were “too many people and too many balls” and found fault that there was no “safe zone” or place for students who didn’t want to play.

Is it time to “spring clean” your district?  As the school year draws to a close, now may be the perfect time to spruce up, clean up, and get your district in order for the next school year. However, as you clean out your classrooms and straighten up your storage rooms, keep in mind that there are laws that specifically regulate how districts may dispose of their school property. So, as you organize your things into the “keep” vs. “trash” piles, keep in mind the following: