The Legal Ledger

During 2009, the Martins Ferry City School District experienced financial difficulties. As a result, contract negotiations between the board of education and the Ohio Association of Public School Employees, Local 4 AFSCME and its Local 546 (OAPSE) resulted in a collective bargaining agreement (CBA) that did not provide a wage increase in 2009, but included wage reopener provisions for 2010 and 2011.

In January 2010, the board implemented a 5% uniform salary reduction. OAPSE filed grievances after the reduction was implemented alleging that the uniform salary reduction violated the…

On January 25, 2013, the U.S. Department of Education's Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) notifying schools that students with disabilities must be afforded equal access to extracurricular athletics. The DCL comes after the U.S. Government Accountability Office (GAO) published a report noting the positive impact that extracurricular athletics has on students, especially those with disabilities. In its report, the GAO determined that public elementary and secondary students with disabilities are not being provided an equal opportunity to participate in…

The Harlem Shake is a popular dance video that has spawned hundreds of thousands of imitators. For those of you unfamiliar with the dance craze, a few of my favorite versions can be found here, here, and here. The videos usually feature a person dancing alone, then a group joining in wildly…

The U.S. Citizenship and Immigration Services (USCIS) has recently revised its Employment Eligibility Verification form, Form I-9. Employers are required to use this form to verify the identity of each new employee hired and to verify that they are authorized to work in the United States. However, employers are not required to complete the revised version of Form I-9 for current employees that already have a properly completed form on file, unless re-verification is required. Re-verification is required when a current employee's employment authorization or employment authorization…

School districts sometimes receive requests for public records citing the federal Freedom of Information Act, or "FOIA."

Are school districts in Ohio, political subdivisions of the State, subject to the Freedom of Information Act? The answer is no.

The federal law does not apply to state agencies or local political subdivisions, which include school districts, township trustees, sheriff's offices, villages, city councils, county commissioners, etc. [U.S. Code Title 5, Sections 551(1) and 552(f)] There are a number of Ohio Supreme Court cases noting that the FOIA does not…

On December 20, 2012, House Bill (HB) 279 was signed by Governor Kasich. This bill made several significant changes to the laws regarding the grandparent power of attorney and caretaker authorization affidavit. The new language will become effective on March 20, 2013.

Power of Attorney. Before HB 279, a child's parent, guardian, or custodian could create a power of attorney that granted to a grandparent with who the child is residing any of the parent's, guardian's or custodian's rights and responsibilities regarding the care, physical…

Effective April 26, 2013, any individual applying for a first-time pupil-activity program permit or permit renewal is required to complete certain training programs related to concussions and head injuries in order to coach interscholastic activities.

Individuals applying for a first-time permit must successfully complete a training program that focuses on brain trauma and brain injury management (RC 3319.303). In addition, individuals applying for a permit renewal must have successfully completed a training program that recognizes the symptoms of concussions and head injuries or a…

On January 14, 2013, President Barack Obama signed the "Uninterrupted Scholars Act of 2013." The Act amends the Family Educational Rights and Privacy Act of 1974 (FERPA), which generally prohibits the release of personally identifiable information from student education records without written consent from a parent or eligible student.

Before the Act's passage, the records of foster youth could not be easily obtained by agency caseworkers. A child welfare worker was required to obtain parental consent for the transfer of education records or receive a court order from a judge. The…

As of September 24, 2012, the deadline for the notification of contract nonrenewals for teachers and all administrators, except superintendents and treasurers, has changed. SB 316, which became effective on September 24, 2012, requires districts to provide notice to teachers whose contracts will be nonrenewed by June 1 (RC 3319.11). Previously, districts were required to provide teachers notice by April 30. In addition, districts must provide notice to administrators, other than superintendents and treasurers, whose contracts will be nonrenewed by June 1 (RC 3319.02). The previous…

The Supreme Court of Ohio recently ruled on a public records case between Columbus State Community College and a former employee. The ruling may assist school districts dealing with overbroad public records requests.

In the case, State ex Rel. Zidonis v. Columbus State Cmty. Coll., 2012-Ohio-4228, Sunday Zidonis was terminated from her employment with Columbus State. Following her termination, Zidonis made several public records requests to the college for certain emails as well as complaint and litigation files over a six-year period.

After receiving the public…