Human Resources

As of September 24, 2012, the deadline for the notification of contract nonrenewals for teachers and all administrators, except superintendents and treasurers, has changed. SB 316, which became effective on September 24, 2012, requires districts to provide notice to teachers whose contracts will be nonrenewed by June 1 (RC 3319.11). Previously, districts were required to provide teachers notice by April 30. In addition, districts must provide notice to administrators, other than superintendents and treasurers, whose contracts will be nonrenewed by June 1 (RC 3319.02).

As of September 10, 2012, applicants for licensure or public employment no longer are required to complete Declaration of Material Assistance/Non-assistance (DMA) forms. These forms were required to be completed by certain applicants to certify that they had not provided "material assistance" to a terrorist organization. HB 487, which became effective on September 10, 2012, repealed statutory provisions requiring the completion of these forms.

What is a public record?

RC 149.43(A)(1) defines a public record as "records kept by any public office including any state, county, city, village, township, and school district units, and records pertaining to the delivery of educational services by an alternative school in this state kept by the nonprofit or for-profit entity operating the alternative school." A record is defined in RC 149.011 (G) to include "any document, device, or item, regardless of physical form or characteristic, including electronic records."

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.

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.

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.

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.

There are special rules in place for teachers and other instructional employees who take leave under the Family and Medical Leave Act (FMLA) at or near the end of the school year. The federal regulations contemplate three different scenarios, depending on when the employee takes the leave.

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.

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.