The Legal Ledger

Advisory Opinion No. 2009-06, Ohio Ethics Law and Stimulus Funds

The new advisory opinion, effective Oct. 30, 2009, addresses the issue of whether Ohio Ethics Law and related statutes apply to public officials and employees who are involved in the allocation and use of the American Recovery and Reinvestment Act (Stimulus Bill) funds. The answer is yes. For purposes of the Ohio Ethics Law and statutes that govern conflicts of interest in public contracting, purchases and payments made pursuant to the…

Ohio Supreme Court expounds on statutory damages, attorneys fees and costs in post-HB 9 public records mandamus case. The Ohio Supreme Court ruled on a recent public records case against a police department, and the ruling has implications for all public entities. The case, State ex rel. Doe v. Smith, 123 Ohio St.3d 44, concerned the availability of a sealed juvenile record. A citizen had made a public records request in late November 2007 for records to the Pierce Township Police Dept. concerning any and all reports on an aggravated arson committed by a juvenile at a residence in the…

State ex rel. Perrea v. Cincinnati Pub. Sch., Ohio St.3d , 2009-Ohio-4762 Perrea, a teacher at Hughes High School in the Cincinnati Public School District (CPS), filed repeated public records requests seeking copies of the standardized tests that are administered to all of the districts ninth grade students at the end of each semester. Perrea stated that he was concerned about the design, implementation and scoring of the examinations, which were developed by WestEd at a cost of $270,000, and claimed that he did not intend to use the copies for any commercial purpose. CPS refused to…

In June 2008, the Ohio High School Athletic Association (OHSAA) Board of Directors approved a recommendation that coaches in Ohio be required to take the National Federation of State High School Associations Fundamentals of Coaching course. All interscholastic coaches in grades 7-12, whether certified to teach or not, paid or volunteer, are required to take the course as a one-time fulfillment. All coaches without a current pupil activity permit are required to complete the course by January 1, 2010. All coaches renewing pupil activity permits after January 1, 2010 are required to complete…

Ohio Revised Code Section (RC) 3319.15 sets out the procedure a teacher seeking to cancel his or her contract with the board must follow. The statute states that teachers, as well as superintendents and other administrators, may terminate their contracts by providing five days written notice to the employing board. However, the law prohibits teachers from terminating contracts after July 10 of any school year without the consent of the board.

So, what happens if your middle school special education teacher submits a letter of resignation one week before school is scheduled to begin…

The Supreme Court held today that a strip search of a teenager violated the 4th Amendment. See coverage from the New York Times for details on Safford v. Redding. The Court also issued an opinion in the legal battle that started in 1988 over Arizona's funding of English language education. See coverage from the Arizona Republic on …

The United States Supreme Court released a 6-3 opinion yesterday in an IDEA case,Forest Grove School Dist. v. T.A.. In a decision that is troublesome for public school districts, the Supreme Court found in favor of the student, holding that courts may order reimbursement for a unilateral private school placement where the student has not previously received special education services from a public school district.

In 2000, T.A. began attending Forest Grove School…

The State Board of Education has filed new draft rehabilitation rules with the Joint Committee on Agency Rule Review (JCARR). This act begins the formal rule-making process and triggers a public hearing before the State Board. The hearing on these rules is June 18 at 11:00am.

HB 428, enacted in 2008, prohibited boards of education from employing, and required them to release, employees who committed certain crimes. Under prior law, the State Board adopted a rehabilitation rule that allowed educators who committed some less serious crimes to be rehabilitated and thus…

So-called "jammers" block the signals of telecommunications devices so that they do not function in certain areas. Given the proliferation of cell phones in schools, many educators would love to have an "off" switch they could flip in classrooms or during testing periods. The Federal Communications Commission (FCC) takes the position that the use of jammers violates the Communication Act of 1934. Its Web site states:

"The operation of transmitters designed to jam or block wireless…

Ohios minimum wage increased to $7.30 on January 1, 2009. The increase applies to all employers that gross more than $267,000 per year, a category within which most, if not all Ohio public schools fall. Exempted from the increase are 14 and 15-year-old employees, who will continue to receive the federal minimum wage of $6.55 through July 24, 2009, at which time the federal rate will increase to $7.25 per hour. Also exempted are tipped employees, who receive $3.65 per hour, before tips. For more information, please contact the OSBA Legal Division.