As new Ohio school board members are becoming acquainted with public meetings, it is a good time to review some helpful tips regarding board member communications, including executive sessions.
Communications between multiple board members outside of the open meeting
One of the bills that was passed by the Ohio General Assembly at the end of 2024 was House Bill (HB) 257. The bill, which is effective on April 9, 2025, enacted Ohio Revised Code (RC) 121.221, which allows some public bodies to hold meetings by video conference or similar electronic technology. (For purposes of this blog post, I’ll refer to these meetings as “virtual meetings.”) However, as discussed below, this provision does not allow boards of education to conduct virtual meetings and may actually make virtual attendance at meetings more restrictive.
In today's Legal Ledger, OSBA's division of legal services is introducing its new vlog, Sidebars, which will feature short conversations about legal issues frequently raised on the hotline and other topics. Today's Sidebar is a discussion between Sara and Jennie on executive sessions, which is a perennial hot topic. We'll cover the basics, delve into new case law, and provide practical guidance on how to manage executive sessions.
The restriction on gatherings of ten or more people was first introduced in the Ohio Department of Health (ODH) Director’s Mar. 22 “Stay at Home Order.” The ban on gatherings of ten or people has been extended through various orders and an exception was never given to boards of education.
Earlier today, Ohio Attorney General Mike DeWine released an updated version of Ohio Sunshine Laws: An Open Government Resource Manual, which is commonly referred to as the “Yellow Book.” The manual includes information about Ohio’s Public Records Act and Open Meetings Act (collectively referred to as the Sunshine Laws) and includes recent updates.
All elected officials or their appropriate designees are required to attend public records training approved by the attorney general (RC 149.43(E)). The training must be for three hours for each term of office for which the elected official was appointed or elected to the public office (RC 109.43(B)).
On June 30, 2013, House Bill (HB) 59, also known as the budget bill, was signed by Governor Kasich. Effective September 29, 2013, the bill added a new topic to the topics that may be discussed during an executive session of a public body.
Under current law, RC 121.22 (G) provides seven topics, six of which are applicable to school boards, which allow public bodies to remove themselves from public view to engage in discussion regarding certain matters.
The OSBA Legal Assistance Fund (LAF) recently assisted the Strongsville City School District Board of Education by submitting a amicus curiae brief supporting the district's position in a public records case.
On March 4, the Strongsville Education Association (SEA) began a labor strike of the district's facilities. The school board hired temporary replacement teachers and continued operating the schools. The strike continued until April 28, when the parties approved a successor collective bargaining agreement.
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.
