Posted by Jennifer A. Hardin on

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,…

Posted by Jennifer A. Hardin on

In a unanimous decision issued yesterday, the Supreme Court of Ohio upheld the constitutionality of a school district’s searches of a student’s bags. In State v. Polk, the court concluded that schools have a compelling interest in protecting students from harm and it is reasonable for school…

Posted by Megan Greulich on

On Wednesday, the Ohio Supreme Court issued a decision in State ex rel. Delaware Joint Vocational School Dist. Bd. of Edn. v. Testa, Slip Opinion No. 2017-Ohio-796. The case, discussed in a Jan. 27 Legal Ledger post, involves a Renewal Levy passed in November 2015 by the Delaware Area Career Center (DACC). Ninety-nine percent of DACC’s territory is in Delaware County, while less than 1% falls in Franklin, Marion, Morrow…

Posted by Megan Greulich on

OSBA’s legal assistance fund (LAF) supports school districts that are defending legal challenges with the potential to affect public schools statewide. Earlier this month, the LAF board of trustees voted to approve an amicus brief in support of the Delaware Area Career Center (DACC) in the case Delaware Joint Vocational School District v. Testa.

The case involves a Renewal Levy passed in November 2015 by DACC. Ninety-nine percent of DACC’s territory is in Delaware County, while less than 1% falls in Franklin, Marion, Morrow and Union Counties combined (DACC Territory). Like DACC,…

Posted by Jennifer Hardin on

Earlier this year, the OSBA Legal Assistance Fund (LAF) was asked to support the Tolles Career and Technical School Board of Education.  The LAF board of trustees voted to write an amicus brief on behalf of the board and to provide assistance with the cost of the litigation.  On November 21, the 12th Appellate District Court decided in favor of the board of education. 

In the case, Tolles Career & Technical School Bd. of Edn. v. Tolles Edn. Assn.,…

Posted by Sara Clark on

The OSBA legal assistance fund (LAF) was established in 1976.  The fund supports school districts that are defending legal challenges with the potential to affect public schools statewide. Support may come in the form of legal research, amicus curiae briefs, financial assistance and any other assistance as may be approved by the trustees. LAF is managed by a three-member board of trustees made up of OSBA’s president, president-elect and executive director.

In many cases, the fund provides assistance in the form of an amicus curiae, or “friend of the court” brief. An amicus…

Posted by Jennifer Hardin on

On Thursday, the Ohio Supreme Court issued a ruling in State ex rel. School Choice Ohio, Inc. v. Cincinnati Pub. School Dist. [Cincinnati Public School District was dismissed as a respondent in this case when it entered into a settlement agreement with SCO.]

In October 2013, School Choice Ohio (SCO) submitted a public records request to Springfield City School District, requesting:

  1. Student’s and parent’s/guardian’s name,
  2. Parent’s/guardian's complete address and email address…
Posted by Megan Greulich on

This morning, the Ohio Supreme Court heard arguments in School Choice Ohio Inc. v. Cincinnati Public School District and Springfield City School District. School Choice Ohio (SCO) filed the lawsuit after the Springfield City School District denied SCO’s request for student names and addresses. In 2013, Springfield adopted a policy that stopped student names, addresses, phone numbers and other identifying data from being designated as “directory information” under the Family Education Rights and Privacy…

Posted by Sara Clark on

Since 1977, OSBA’s Legal Assistance Fund (LAF) has provided supportive assistance to boards of education in cases or controversies of statewide significance. Qualifying districts may request and receive:

  • financial assistance to pay for a portion of litigation expenses
  • an amicus curiae brief to be filed on behalf of the district
  • legal research or consultation to assist the district’s attorney

In 2015, LAF provided support in several cases

Posted by Candice Christon on

Unmarried parents and enrollment issues

Under Ohio Revised Code Section (RC) 3109.042, an unmarried woman that gives birth to a child is the sole legal custodian and residential parent of that child unless and until a court issues an order that designates another individual, including the father, as the legal custodian and residential parent. This is true even if the unmarried father’s name appears on the birth certificate. 

This means that an unmarried father will not have certain legal rights including the right to sign permission slips,…