Posted by Jennifer A. Hardin on 4/11/2021

There have been a few important new guidance documents issued from the Ohio Departments of Education (ODE) and Health (ODH). Here’s a quick overview of their key elements.

ODH guidance document

On April 8, ODH issued the Director’s Amended Order for Social Distancing, Facial Coverings and Non-Congregating. The order…

Posted by Van D. Keating on 4/2/2021

On April 1, the Ohio Department of Education (ODE) released additional information regarding Remote Learning Pathway Considerations 2021-2022. For the 2020-21 school year, the Ohio legislature gave districts additional flexibility to…

Posted by Ralph Lusher III on 3/19/2021

Many board members question if they have a conflict of interest whether due to relationships, attempting to sell goods or services to the public agency they serve, or seeking employment with the agency they serve. Also, candidates for boards of education question whether they will have a conflict of interest if elected because of their current job or another public position they hold. 

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Posted by Van D. Keating on 3/5/2021

While most of the conversations in schools about gender transition has been focused on students, schools need to be aware that transgender employees may be involved in gender transition as well.  Federal laws against sex and disability discrimination make it illegal to fire, refuse to hire, harass, or otherwise discriminate against transgender employees …

Posted by Sara C. Clark on 2/26/2021

This has been another active week in the world of school law. Please see below for a quick recap of some of the noteworthy school law news that occurred this week.

  • Census data delays.
Posted by Ralph Lusher III on 2/19/2021

For reasons that are evident to everyone, there has been renewed focus on whether and when vaccinations can be required. For the most part, the case law on vaccines is older law; the important vaccination cases in the United States court system are typically from the early part of the 20th century.  However, a case did surface out of New York during 2020 and the plaintiffs are trying mightily to get it into the Supreme Court of the United States. The case involved routine childhood vaccinations, but it is a good preview of how COVID vaccine challenges may fare in the courts. 

Before…

Posted by Jennifer A. Hardin on 2/16/2021

Late on Friday, the U.S. Centers for Disease Control (CDC) and Department of Education (USDOE) release updated guidance to support school districts as they continue the return to in-person instruction.

CDC’s Operational Strategy for K-12 Schools through Phased Mitigation is intended to assist schools to open safely and soon. The Operational Strategy, based on available science and data on COVID-19, describes a pathway to in-person instruction using an “…

Posted by Van D. Keating on 2/5/2021

On Feb. 2, the Ohio Department of Health (ODH) released updated guidance on the K-12 School Staff Vaccination Program. The new guidance includes an updated K-12 school vaccination timeline as well as more specific definitions as to which K-12 personnel are eligible for the vaccinations.

More specifically, ODH states the following in the new guidelines:

Posted by Ralph Lusher III on 1/23/2021

On Jan. 7, 2021, the Department of Labor (DOL) published its final rules for determining whether a worker is an independent contractor or an employee for purposes of the Fair Labor Standards Act (FLSA). The rules take effect on Mar. 8, 2021. The rules are important because businesses and organizations must comply with the wage and hour provisions of FLSA for employees but not for independent contractors. Although school districts do not routinely deal with the scenario of questioning whether someone is an employee or independent contractor, it does come up on occasion.

The DOL final…

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