The Legal Ledger

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…

It’s summer time, with barbecues, swimming pools and baseball in full swing. But even though we are enjoying all the things that come with summer, your district should be thinking about November if you’re planning to have a levy on the ballot. Levy deadlines are coming soon, so you need to start planning now. 

Here are some upcoming deadlines to keep in mind: 

• July 25—If your board will be placing a conversion levy on the November ballot, July 25 is the last day to submit certification to the tax commissioner (RC…

Recently, we’ve received questions about whether a school district is required to seek bids for purchasing or installing energy conservation measures on installment payment or shared-savings contracts. Pursuant to RC 3313.372 and RC 3313.373, the short answer is no, school boards of education are not required to seek competitive bids.

The laws stipulate that a:

“board of education of a city, exempted village, local, or joint vocational school district may…

Just yesterday, the Ohio Department of Education (ODE) posted additional draft sections of Ohio’s federal Every Student Succeeds Act (ESSA) template. Ohio released its original draft plan in Feb. 2017 after soliciting stakeholder feedback. In March, the U.S. Department of Education (DOE) released a revised ESSA plan template, and as a result, Ohio is releasing a revised plan application that meets DOE’s revised template requirements.

Ohio’s final ESSA plan will be submitted to DOE in Sept. 2017. In the meantime, ODE has been posting components as they are revised and soliciting…

As the end of the school year approaches, one of the more popular questions we receive has to do with the salary notice schools provide to their employees. Legally, RC 3319.12 requires boards of education, by the first day of July, to give each teacher who holds a valid contract for the succeeding school year a “notice” of the salary they are to be paid. A similar notice requirement appears in RC 3319.082 for nonteaching school employees. These…

OSBA offers school districts and ESCs in Ohio a wide range of services, access to up-to-date information and research on school issues, and the opportunity to participate actively in the development of educational policy at the state and federal levels. But board members may not be aware of one of the most valuable resources available through OSBA:  the Legal Assistance Fund (LAF).

LAF was established in 1976 to support school districts defending legal challenges with the potential to affect public schools across the state. LAF’s governing trustees are the OSBA president,…

On or before July 1, school and district administrators must check and certify that their district emergency plans are current. As a reminder, district emergency management plans must include the following four parts:

• Safety Plan – a comprehensive all-hazards plan that considers the potential threats and hazards to a school. The plan must address ways administrators will address those threats and a protocol for responding.
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At OSBA, we strive to provide school board members and district administrators with the most relevant and recent information to keep you informed and prepared to provide the best learning environment for Ohio’s public school students. We’ve got some upcoming workshops that can help you do just that.

OCSBA School Attorney Workshop
Nationwide Hotel & Conference Center, Lewis Center
Friday, Jun. 16 …

One of the scariest, yet all-too-common, mishaps involving e-mail is when you hit “send,” but it zips out to the wrong person. More often than not, you immediately realize what you just did. You feel helpless, embarrassed and angry (that there is not an “un-send” key). Depending on the contents of the e-mail, you may even wonder if there are going to be any legal consequences for your gaffe. Luckily, a recent court decision helps to address the legal aspects, although it may do nothing to assuage your personal remorse.

In Templeton v. Fred W. Albrecht Grocery Co., 2017-Ohio-…