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). The previous…
Posted by Candice Christon on
The Supreme Court of Ohio recently ruled on a public records case between Columbus State Community College and a former employee. The ruling may assist school districts dealing with overbroad public records requests.
In the case, State ex Rel. Zidonis v. Columbus State Cmty. Coll., 2012-Ohio-4228, Sunday Zidonis was terminated from her employment with Columbus State. Following her termination, Zidonis made several public records requests to the college for certain emails as well as complaint and litigation files over a six-year period.
After receiving the public…
Posted by Sara Clark on
The OSBA Legal Assistance Fund (LAF) recently provided support to the Chardon Local School District Board of Education by providing financial assistance in a teacher termination case.
In 2010, a teacher employed by the Chardon Local School District caused a head-on collision with another automobile, resulting in severe injuries to the driver of the other vehicle. The teacher, who admitted that she had been drinking before the collision, lied to the investigating police officer by telling him that her husband was driving the car involved in the collision. Only after the officer…
Posted by Sara Clark on
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 HB 487, which became effective on September 10, 2012, repealed statutory provisions requiring the completion of these forms. As a result, districts no longer should require applicants to complete these forms and should remove them from hiring packets, online forms, and any…
Posted by Candice Christon on
The OSBA Legal Assistance Fund (LAF) recently participated in an Ohio Supreme Court case between The Ohio State University (Ohio State) and ESPN. The LAF joined the Ohio Legal Rights Service, Community Legal Aid Services, and Northeast Ohio Legal Services, and submitted an amici curiae brief arguing that Ohio State was prohibited from disclosing the records requested by ESPN pursuant to Ohio's Public Records Act and the Family Education Rights and Privacy Act (FERPA).
In the case, State ex rel. ESPN Inc. v. Ohio State Univ., Slip Opinion No. 2012-Ohio-2690, ESPN…
Posted by Candice Christon on
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."
Are we required to disclose…
Posted by Sara Clark on
I recently listened to a webinar conducted by the Ohio Historical Society (OHS) that was designed to review best practices for managing and retaining public records in Ohio. The host of the webinar mentioned a change that HB 153 made to record retention practices. It has the potential to lessen the burden on school districts with regard to the disposal of records, so it's worth repeating.
As you know, school districts are required to adopt RC-2 schedules. These schedules list the type of documents a district plans to retain and the length of time it will retain them. The schedules…
Posted by Sara Clark on
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.
Who may file a complaint with the Auditor of State's office?
Ohio residents and the employees of any public office may file a complaint…
Posted by Rob Johnson on
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.
Ohio Revised Code sections 3307.353 and 3309.…
Posted by Jessica Spears on
No. In advisory opinion 2011-038 (2011 Op. Att'y Gen. No. 038), the Ohio Attorney General (OAG) concluded that a public body (in this instance the State Board of Education) may not vote in an open meeting by secret ballot. The OAG determined that voting by secret ballot would violate Ohio's open meetings law in much the same way as a violation occurs when public officials whisper or pass documents among themselves during meetings or when a vote would improperly be taken during executive session. In such situations, a violation occurs because members of the public are prevented from knowing…