Through the month of December, we’re looking at the most common scenarios in which an incoming board member may have a conflict of interest. Last week, we discussed individuals currently working and volunteering for the district (you can read that blog entry here). This week, we’ll take a look at board members that have family members working for the school district. In the coming weeks, we’ll look at board members that are employed by or own a company that has an active…
Posted by Shadya Yazback on
Posted by Shadya Yazback on
Hundreds of new individuals will begin serving on school boards in Ohio next month. The legal hotline has received several questions about conflicts of interest for incoming members. (Remember: OSBA attorneys cannot provide a legal analysis of the specifics for a board member, but we can provide legal information to help you determine whether you should speak with board counsel about a potential conflict.)
While it can arise in many contexts, we most commonly receive the question as one of four basic scenarios:
- the individual currently works for the district…
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 Shadya Yazback on
Candidates required to file a post-general election campaign finance report must do so by December 11. You can find the reporting forms on the Secretary of State’s website.
Due to the presidential election and changes to election dates passed in HB 64, the only spring election date available to school districts is March 15, 2016. The deadlines for submitting a resolution of necessity to the county auditor (for a property tax) or…
Posted by Shadya Yazback on
Attorneys can earn 5.0 CLE credits at the School Law Workshop presented by the Ohio Council of School Board Attorneys on Tuesday, Nov. 10. The workshop will take place in Rooms C 210-212. Sessions include:
- School district and municipal collaboration
- Hot topics in public records law
- When passion becomes a problem
- Religion and public schools
- Unpacking Title IX: K-12 compliance issues
OSBA attorneys will also be presenting several sessions at Capital Conference. Sara Craven Clark, director of legal services, will…
Posted by Sara Clark on
On Tuesday, the U.S. Department of Education (DOE) released a resource guide to help school districts better support undocumented youth. According to DOE, the aim of the guide is to help educators and school staff "support the academic success of undocumented youth, to debunk misconceptions by clarifying the legal rights of undocumented students as well as sharing helpful information about financial aid options open to undocumented students."
The guide includes resources aimed at high school and…
Posted by Shadya Yazback on
Among the many provisions impacting school districts in the biennium budget (HB 64) that took effect on September 29, 2015 was a significant change to the property disposal process for school districts.
Pursuant to newly-enacted Revised Code Section (RC) 3313.413, school districts seeking to dispose of real property must now first offer the property for sale to the governing authorities of high-performing community schools and any newly established community schools that are implementing a community school model that has a track…
Posted by Candice Christon on
The Ohio Supreme Court recently ruled on the Stewart v. Lockland case (Slip Opinion No. 2015-Ohio-3839), which is a positive decision for school districts. In its decision, the court upheld the lower court’s decision that Ohio’s Open Meetings Act did not require the district to hold a public pretermintaion hearing for Adam Stewart.
The Ohio Department of Education notified the school district that district employees falsely reported student-attendance data in order to improve their state report card for the 2010-2011 school year. At that time, Stewart served as a data…
Posted by Sara Clark on
The Ohio Supreme Court issued an important opinion yesterday in a case stemming from ongoing litigation between 10 Cleveland community (charter) schools and their operator White Hat Management (“White Hat”). The case, Hope Academy Broadway Campus v. White Hat Mgt., LLC, centers around who owns the personal property that was purchased with public funds, but used by White Hat in the schools’ daily operations. The OSBA Legal Assistance Fund (LAF) filed an …
Posted by Candice Christon on
May a teacher who is a family member of the superintendent be employed by the school district?
Yes. Under Ohio Revised Code Section (RC) 3319.07, an individual that is designated by the board of education may nominate a teacher to be employed by the school district if the superintendent’s nomination of the individual would violate RC 2921.42. This is an exception to the law, which normally requires a nomination by the superintendent for a teacher to be employed by the district.
Previous law prevented the superintendent’s family member from being hired…