The Legal Ledger

Today, the U.S. Department of Education (DOE) issued interim guidance for schools on how to investigate and adjudicate allegations of sexual misconduct under Title IX. The guidance follows a Sept. 7 announcement from Secretary of Education Betsy DeVos that DOE and its Office for Civil Rights (OCR) will initiate a process to…

OSBA’s legal assistance fund (LAF) supports school districts that are defending legal challenges with the potential to affect public schools statewide. Recently, the LAF board of trustees voted to approve amicus briefs in support of school districts in two cases: Wilson v. McCormack …

Today, all schools may choose to make automatic electronic defibrillators (AEDs) readily available, but what are the legal risks involved in using the devices? Should a school district be prepared to respond to legal challenges if its employees use the AEDs?

According to the American Heart Association, to date, no known judgments have been rendered against the operator of an AED for negligent or improper use. The Air & Space Lawyer (a publication of the American Bar Association) published an article opining the “liability claims associated with the negligent operation of AEDs…

OSBA’s division of legal services works to provide resources and professional development events for OSBA’s membership to enhance their understanding of diversity and inclusion in schools. We know that diverse communities benefit student learning, enhance workplace culture and augment district successes and hope that these resources help you and your colleagues promote leadership and professional skills and practices for more diverse, equitable and inclusive school communities.

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ODE proposes amendments to rules on licenses for substitutes and alternative resident educators

The Ohio Department of Education (ODE) recently filed a set of rule amendments related to temporary licenses. In part, the changes proposed by ODE are based on legislative amendments and on feedback from school districts.  Among the key rule amendments are:

For over 55 years, OSBA’s annual Treasurers’ Clinics have kept treasurers, business managers, board members, administrators and treasurer’s office personnel updated on the most current information related to school district fiscal issues. We hope you’ll join us at one of this year’s clinics.

Professional development credit

OSBA is pleased to announce that the Treasurers’ Clinics have been approved for five continuing professional education (CPE) credits. Application also has been submitted to the Office of the Ohio Treasurer for Center for Public Investment Management…

OSBA’s legal services division hosted its annual Attendance, Tuition and Custody Law Workshop today in Columbus.  This year, more than 170 school district EMIS professionals participated in an open and active discussion about a variety of topics. 

At the workshop, speakers shared information about resources that have been prepared by the Ohio Department of Education (ODE). For those of you who weren’t able to attend the workshop today, here are links to some of those resources.

HB 410

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On Monday, Aug. 21, all of North America will be treated to an eclipse of the sun. A solar eclipse occurs when the moon passes between the sun and Earth and blocks all or part of the sun. To see a total eclipse, where the moon fully covers the sun for a short few minutes, you must be in the “path of totality.” Ohio is too far north to be in the path of totality, but Ohioans will see a partial solar eclipse at around 2:30 pm. NASA has put together an interactive eclipse map that allows you to click on…

This time of year, the legal division always receives an increase in questions about whether paving projects must be competitively bid. The Ohio Revised Code (RC) and federal law require competitive bidding in three situations, the most relevant of which appears in RC 3313.46…

For the third time in four years, the Ohio Bureau of Workers’ Compensation is returning more than $1 billion dollars to Ohio’s private and public employers. This is due to an improving safety climate, good fiscal management and better than expected investment returns that have put the fund in a net position of more than $9 billion.

In total, public employers will receive a one-time rebate of approximately $120 million. Most rebates will equal 66% of premium for the policy year ending December 31, 2015. A list of rebate amounts by all…