Under state law, a school board member must take an oath of office before entering upon the duties of their office. Recently, many school districts across the state received public records requests for copies of the oaths of office for current board members. These requests have prompted questions about what is legally required of school board members with respect to the oath of office.
By law, a school board member’s oath must include language affirming support for the Constitution of the United States and the Constitution of the state of Ohio, along with a pledge to faithfully perform the duties of a school board member. Other than these three essential elements, there is no specific statutory wording that must be used for a school board member’s oath of office. OSBA provides a sample oath that districts may use.
While certain elected officials in Ohio are required by law to certify their oaths of office in writing, the law governing oaths of office for school board members does not include this requirement. However, many districts choose to memorialize the oath by having board members sign a written copy of the oath at the time it is administered. Additionally, the administration of the oath is often noted in the board meeting minutes. For example, the minutes might state “The Treasurer administered the oath of office to [Name(s)], newly elected members of the [District Name] Board of Education.”
As mentioned earlier, a school board member must take an oath “before entering upon the duties of his office.” This requirement applies to newly elected board members and members who have been re-elected to another term, as well as members appointed to fill vacancies. Typically, the oath is one of the first agenda items following the call to order at the board’s organizational meeting in January. However, nothing requires the oath to be taken at a school board meeting and taking the oath of office in advance of the organizational meeting is permissible. In such cases, many boards will note in the record when, where, and by whom the oath was administered.
The law governing oaths for school board members provides that the oath may be given by the treasurer or any other current board member. Under a separate statute, oaths of office may also be administered by any elected officeholder whose office has jurisdiction over the territory of the school district, a judge, a notary public, or any member of the General Assembly.