The Legal Ledger

In 1977, the U.S. Supreme Court ruled in Abood v. Detroit Board of Education that public-sector unions may be allowed to charge non-members an agency fee, also known as “fair-share.” These fees must be used strictly for the union’s overhead and administrative costs, such as the expenses incurred in negotiating contracts that benefit and apply to all employees, including those who are not dues-paying members of the union.…

October is National Bullying Prevention Month, which was created with the goal of transforming a society that accepts bullying into one that recognizes that bullying can be addressed through education and support. It’s a great time for your school community to raise awareness of bullying and its consequences, and to promote your bullying prevention efforts.

Ohio law defines “harassment, intimidation and bullying” in RC 3313.666 as either…

Last year, San Francisco 49ers quarterback Colin Kaepernick made headlines for his refusal to stand for the National Anthem. NFL players, professional athletes in other sports and even Stevie Wonder recently followed Kaepernick’s example, motivated in part by President Trump’s call for team owners to fire and otherwise silence players who participate. As football season kicks off at high schools around the country, districts may wonder how to respond.

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Today, the U.S. Department of Education (DOE) issued interim guidance for schools on how to investigate and adjudicate allegations of sexual misconduct under Title IX. The guidance follows a Sept. 7 announcement from Secretary of Education Betsy DeVos that DOE and its Office for Civil Rights (OCR) will initiate a process to…

OSBA’s legal assistance fund (LAF) supports school districts that are defending legal challenges with the potential to affect public schools statewide. Recently, the LAF board of trustees voted to approve amicus briefs in support of school districts in two cases: Wilson v. McCormack …

Today, all schools may choose to make automatic electronic defibrillators (AEDs) readily available, but what are the legal risks involved in using the devices? Should a school district be prepared to respond to legal challenges if its employees use the AEDs?

According to the American Heart Association, to date, no known judgments have been rendered against the operator of an AED for negligent or improper use. The Air & Space Lawyer (a publication of the American Bar Association) published an article opining the “liability claims associated with the negligent operation of AEDs…

OSBA’s division of legal services works to provide resources and professional development events for OSBA’s membership to enhance their understanding of diversity and inclusion in schools. We know that diverse communities benefit student learning, enhance workplace culture and augment district successes and hope that these resources help you and your colleagues promote leadership and professional skills and practices for more diverse, equitable and inclusive school communities.

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ODE proposes amendments to rules on licenses for substitutes and alternative resident educators

The Ohio Department of Education (ODE) recently filed a set of rule amendments related to temporary licenses. In part, the changes proposed by ODE are based on legislative amendments and on feedback from school districts.  Among the key rule amendments are:

For over 55 years, OSBA’s annual Treasurers’ Clinics have kept treasurers, business managers, board members, administrators and treasurer’s office personnel updated on the most current information related to school district fiscal issues. We hope you’ll join us at one of this year’s clinics.

Professional development credit

OSBA is pleased to announce that the Treasurers’ Clinics have been approved for five continuing professional education (CPE) credits. Application also has been submitted to the Office of the Ohio Treasurer for Center for Public Investment Management…

OSBA’s legal services division hosted its annual Attendance, Tuition and Custody Law Workshop today in Columbus.  This year, more than 170 school district EMIS professionals participated in an open and active discussion about a variety of topics. 

At the workshop, speakers shared information about resources that have been prepared by the Ohio Department of Education (ODE). For those of you who weren’t able to attend the workshop today, here are links to some of those resources.

HB 410

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