Ohio Supreme Court Decides Important Tax Exemption Case
On December 30th, 2015, the Ohio Supreme Court unanimously declared that real property owned by a public school district board of education is tax exempt regardless of whether it is currently used for school purposes. Ennis Britton Shareholder Gary Stedronsky...
The U.S. Supreme Court Hears Oral Arguments In Case to Decide Legality of Fair Share Fees
The U.S. Supreme Court heard oral arguments on January 11th in an important case that could eliminate union “fair share fees” and make every state in the country a “right to work” state. The case was initially filed in California and involves a group of teachers who...
Illinois School District Must Comply with U.S. Department of Education Office of Civil Rights Order to Offer Transgender Student Equal Access to Girls’ Facilities
The U.S. Department of Education Office of Civil Rights found that an Illinois district discriminated against a transgender student by failing to offer her the same facility access as other female students. Each of the district’s five high schools have policies in...
State Board Adopts Guidance Counselor Standards
House Bill 64 directed the State Board of Education to develop standards for the evaluation of school guidance counselors. Just last week, the Ohio Standards for School Counselors were approved by the State Board. The standards-based framework for counselor...
Ohio Attorney General Declares Deputy Sheriff May Serve on Board of Education
The Ohio Attorney General's office recently issued an opinion that concluded a deputy sheriff who is employed in classified service may simultaneously serve as a member of a city or local school district board of education with a few limitations. The opinion was...
Appeals Court Affirms Political Subdivision Immunity in Slip and Fall
Stetz v. Copley Fairlawn School Dist., 2015-Ohio-4358 The Ninth Appellate District Court of Appeals has reaffirmed political subdivision immunity for public school districts in a slip and fall case. The Copley Fairlawn School District was sued after a student slipped...
Court Sides with Unemployment on Scope of Appeals
Friedel v. Quota, 2015-Ohio-4060 The Sixth Appellate District (Williams County) has reversed a trial court ruling which overturned the unemployment Commission’s (ODJFS) grant of benefits to a truck driver who quit his job. At the initial hearing, the truck driver...
HB 64 Budget Bill Items Now in Effect
As with most other provisions of the budget bill (Am. Sub. HB 64) some significant provisions impacting Ohio school districts go into effect on September 29, 2015, including the following: The maximum amount of a scholarship awarded under the Autism or Jon Peterson...
New Requirements for Fire and Safety Drills for Ohio Schools
As building principals finalize this school year and begin to plan out their required drills for the 2015-2016 school year, they should make note of recent changes to the number and type of drills that are now required under state law. House Bill 178, which codified...
State Board of Education Approves Vote to Eliminate ‘5 of 8’ Rule
On April 13th, 2015, the State Board of Education voted to amend a rule which previously mandated that school districts employ a minimum number of elementary art, music and physical education teachers, as well as a minimum number of nurses, library media specialists,...
Pregnant Workers Entitled to Accommodations if Given to Other Employees
In a decision issued March 25, 2015, the U.S. Supreme Court decided that the Pregnancy Discrimination Act mandated that employers must provide accommodations to pregnant employees when needed if the employer provides accommodations to other employees with similar work...
Changes to Definition of “Spouse” under FMLA
On February 25, 2015, the U.S. Department of Labor issued a Final Rule changing the Family and Medical Leave Act of 1993 (“FMLA”) definition of “spouse.” Effective March 27, 2015, spouses in same-sex marriages shall have the same opportunity as spouses of heterosexual...
USDHHS Withdraws Guidance on Free Care Policy
USDHHS Center for Medicare & Medicaid Services recently withdrew its prior guidance on the "free care" policy as expressed in the School-Based Administrative Claiming Guide. Under CMS's new guidance, Medicaid reimbursement is available for covered services under...
Tax Incentive “Cheat Sheet” for Ohio School Districts
With the Ohio economy rebounding, we are beginning to see more and more property tax incentives being offered to businesses by local governments. Ohio's school districts play a crucial role in a local government's ability to offer these incentives. Below is a quick...
US Supreme Court Hears First Cyber Speech Case
The U.S. Supreme Court recently heard arguments in a case regarding the extent of Constitutional protection of speech on social media. In United States v. Elonis, Elonis wrote graphic lyrics on Facebook which involved killing his estranged wife, law enforcement, and...
ODE Guidance Clarifies New Rules on Annualized FTE
As districts transition to the new minimum school year reporting system, the Ohio Department of Education (“ODE”) recently released guidance about how it will allocate funding for students that attend school for less than a full day. In July of 2013, House Bill 59...
HB 493 Amends Workers’ Compensation Laws
Along with the Mid-Biennium Budget Review and other education related bills signed into law earlier this summer, HB 493 became law and becomes effective on September 17, 2014. This bill focuses solely on the workers compensation system and impacts all employers,...
Back to School Reminder: Student Residency Requirements
As students pack their book-bags and return to school, it’s important to keep in mind the law governing their entrance through your doors. In order to accommodate the registration process, schools much comply with the legal requirements of Ohio Revised Code 3313.64....
Deadline for Teachers to Terminate Employment Contracts Passed on July 10th
As July comes to a close, schools across Ohio have begun to gear up for another school year. Yet just when you think you have put the chaos of staffing buildings and assigning students behind you, inevitably a teacher who would be very hard to replace at this juncture...
U.S. Supreme Court Supports Employer’s Refusal to Cover Costs of Certain Contraceptives
The U.S. Supreme Court issued yet another precedent-setting decision this week for employers. In Burwell v. Hobby Lobby Stores, Inc., 573 U.S. _____ (June 30, 2104), the Supreme Court held in a 5-4 decision that regulations which require employers to provide health...
2014 Mid-Biennium Education Bill Signed into Law
House Bill 487, the mid-biennium education bill, reviewed in last month’s ERF School Law Review newsletter, was signed into law on June 16, 2014. Except as indicated otherwise in the statute, HB 487 becomes effective September 15, 2014. Some of the upcoming changes...