The Legal Ledger

As the Legal Ledger reported back in August, the Ohio Department of Education (ODE) has been working on amendments to its rule on required licenses for substitutes.  The amendment process is now complete and

Two state agencies have recently prepared new resources for school districts: The Ohio Department of Education (ODE) updated its truancy and attendance guidance, and the Ohio History Connection (OHC) added resources for properly managing local government records.

Truancy and discipline resources

A recent employee fatality in a school district highlighted an important, but often overlooked requirement by the Bureau of Workers Compensation (BWC): reporting. BWC/PERRP requires that all employee fatalities resulting from a work-related incident must be reported and recorded within eight hours, including inpatient hospitalization of three or more employees from a single work-related incident. The eight-hour reporting requirement starts when the accident takes place or as soon as the district becomes aware of the death or multiple hospitalizations.

In 1977, the U.S. Supreme Court ruled in Abood v. Detroit Board of Education that public-sector unions may be allowed to charge non-members an agency fee, also known as “fair-share.” These fees must be used strictly for the union’s overhead and administrative costs, such as the expenses incurred in negotiating contracts that benefit and apply to all employees, including those who are not dues-paying members of the union.

October is National Bullying Prevention Month, which was created with the goal of transforming a society that accepts bullying into one that recognizes that bullying can be addressed through education and support. It’s a great time for your school community to raise awareness of bullying and its consequences, and to promote your bullying prevention efforts.

Last year, San Francisco 49ers quarterback Colin Kaepernick made headlines for his refusal to stand for the National Anthem. NFL players, professional athletes in other sports and even Stevie Wonder recently followed Kaepernick’s example, motivated in part by President Trump’s call for team owners to fire and otherwise silence players who participate. As football season kicks off at high schools around the country, districts may wonder how to respond.

Today, the U.S. Department of Education (DOE) issued interim guidance for schools on how to investigate and adjudicate allegations of sexual misconduct under Title IX. The guidance follows a Sept.

OSBA’s legal assistance fund (LAF) supports school districts that are defending legal challenges with the potential to affect public schools statewide. Recently, the LAF board of trustees voted to approve amicus briefs in support of school districts in two cases: Wilson v.

Today, all schools may choose to make automatic electronic defibrillators (AEDs) readily available, but what are the legal risks involved in using the devices? Should a school district be prepared to respond to legal challenges if its employees use the AEDs?

OSBA’s division of legal services works to provide resources and professional development events for OSBA’s membership to enhance their understanding of diversity and inclusion in schools. We know that diverse communities benefit student learning, enhance workplace culture and augment district successes and hope that these resources help you and your colleagues promote leadership and professional skills and practices for more diverse, equitable and inclusive school communities.