The Legal Ledger

In a victory for Ohio schools, the U.S. Supreme Court unanimously overturned the Ohio Supreme Court in Ohio v. Clark, finding that the admission of a teacher’s testimony regarding a pre-school student’s answers to her inquiries about suspicious injuries is not a violation of the Sixth Amendment’s Confrontation Clause. OSBA’s Legal Assistance Fund joined the National Education Association, the American Federation of Teachers, and the National School Boards Association, and submitted an amicus brief arguing that the Ohio Supreme Court’s decision needed to be overturned.

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A new program for the 2015-16 school year, College Credit Plus (CC+) replaces the Post-Secondary Enrollment Options program and most other existing dual enrollment programs.  While the first round of notice and application deadlines have passed for CC+, school responsibilities under the program span the entire school year.  School district administrators should be aware of the following:

• Students can provide their school districts with notice of their intent to participate in the program beyond the April 1 deadline.  Pursuant to Ohio Revised…

With less than a month remaining in the current term, the U.S. Supreme Court delivered an opinion on Monday that could have potential employment implications for Ohio school districts.

In EEOC v. Abercrombie & Fitch Stores, a clothing store declined to hire Samantha Elauf, a 17-year-old Muslim, because a religious headscarf that she wore to her interview conflicted with Abercrombie’s employee dress code policy.

The Equal Employment Opportunity Commission (EEOC) filed suit on…

Students aged sixteen and seventeen, who are employed during the summer months after the last day of spring classes and before fall classes begin, are not required to provide their employer with an age and schooling certificate as a condition of employment (RC 4109.02). This exception applies if the student is employed in an area that is nonagricultural and nonhazardous as well as any other area of employment that is not prohibited to persons aged sixteen and seventeen.

Students that fit into the above category must provide their employer with proof of age in the same manner as…

Last month, the State Board of Education considered the first application for a pupil activity permit from a felony ex-offender holding a Certificate of Qualification for Employment (CQE). Created by Senate Bill 337 in 2012, the CQE process allows persons who have a previous felony or misdemeanor conviction to apply to the court in their county of residence to lift collateral sanctions that prohibit an individual from being considered for employment in certain fields, including education.  As of May 20, 2015, just over 300 CQEs have been issued in Ohio. 

An individual who…

Under RC 3307.35(B), a former teacher receiving retirement benefits from the State Teachers Retirement System (STRS) may be employed again as a teacher in the public schools. Teachers that choose to work in a public position within the first two months of retirement forfeit their monthly retirement benefits for the months worked. In the past, STRS has held that the amount of compensation paid to the retiree has no impact on whether the teacher loses their retirement benefits. In other words, retirees who volunteered their services…

House Bill 290, which became effective March 23, 2015, amended some of the language found in RC 3313.77 in regards to the “use of school premises for public meetings and entertainment.”

Any definition referring to a schoolhouse, schoolroom, school grounds or school property is now referred to as school premises. School premises is defined as all indoor and outdoor structures, facilities, land owned, rented, or leased by a school or district (RC 3313.77). Upon a request and payment of a reasonable fee, a school board must allow its school premises to be used when the…

Title IX of the Education Amendments of 1972 prohibits gender discrimination in any education program or activity that is supported by federal monies.  On April 24, the US Department of Education’s Office for Civil Rights (“OCR”) reminded schools receiving federal dollars that they must designate at least one employee to coordinate Title IX compliance and released a guidance package relating to Title IX compliance.

Each school district must have a designated Title IX coordinator at all times.  The Title IX coordinator is responsible for coordinating their school district’s…

Question: What is required in order to opt out of the new career-technical education (CTE) program requirements for 7th & 8th grade students?

Answer: Beginning with the 2015-2016 school year, districts must provide CTE to students in grades 7 and 8. However, the statute (RC 3313.90(B)) allows district boards of education to pass a resolution that specifies the district's intent "not to provide career-technical education to students enrolled in grades seven and eight for a particular school year" and requires the…

Ohio Revised Code Section (RC) 3313.7112 outlines the required care for students with diabetes. Each board of education must ensure that each student enrolled in the district who has diabetes receives the appropriate and needed care for his or her diabetes, in accordance with a signed order from the student’s treating physician.

Diabetes care. Diabetes care includes:

• Checking and recording blood glucose levels and ketone levels, in which the student may need assistance;
• Responding to levels outside the student’s target range;
• Administering…