The Legal Ledger

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.

The U.S. Department of Education has advised that, to the extent feasible, a homeless child should be kept in the "school of origin"…

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.

In general, under Ohio law, children are entitled to attend school in the district of their parents’ residence without an obligation to pay tuition.  There are exceptions to this…

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.

Currently, the fee for the BCI background check is $22, and the fee for the FBI background check is $24. As of now there are no plans for BCI to increase those fees. However, there is a possibility that webcheck agencies located in Ohio are raising the fees that they charge for submitting…

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).

The notice requirements for a special board meeting are very specific. Under RC 121.22 (F), the notice must provide the time, place and purpose of the meeting. In addition, the board must provide notice to any person who has…

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.

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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:

 1)    Pay attention to how much your “trash” is worth.
If the value…

Last week, the Ohio House of Representative and Ohio Senate took action to develop a plan that will provide four additional calamity days to school districts.  Here’s a summary of some of the key provisions of the bill, as well as the answers to a few of the more frequently asked questions we’ve received:

•  Additional calamity days.  The bill provides four additional calamity days for the 2013-2014 school year.  These additional days may be granted to districts only after they have made up four of their contingency days and only after the district’s…

‘Tis the season for board transition!  But what happens if your board returns from the holidays in January at less than full capacity?  A vacancy may occur on the board for many reasons, but vacancies typically occur in January as a result of one of two things.  Either a board member has resigned from the board during the middle of his/her term with an effective date of December 31 or the board had more open seats than interested candidates at the most recent election.  In either case, a vacancy will occur on the board as of January 1 and the vacancy should be filled…

As of October 11, 2013, HB 14 has limited the circumstances in which a board of education may withhold the grades and credits of students who have failed to pay fees and charges. Under the newly amended provisions of RC 3313.642, boards of education are prohibited from withholding the grades, credits, official transcripts, diplomas, IEPs, or 504 plans of a student for the nonpayment of fees for materials used during the course of instruction if:

-a complaint has been filed in juvenile court alleging that a student is an abused, neglected, or dependent child; or

-a student has…