ODEW Updates Model Policies and Seeks Input on Revised Forms

ODEW Updates Model Policies and Seeks Input on Revised Forms

On April 4, 2025, ODEW re-released its Special Education Model Policies with changes that were adopted with input from school board attorneys such as your team at Ennis Britton and the Ohio Council of School Board Attorneys (“OCSBA”). These changes follow the decision by ODEW to push back the deadline to adopt new policies and procedures to May 30, 2025. We appreciate the seriousness with which ODEW has sought and acted on feedback from stakeholders in refining the Model Policy.

The changes that were made to the Model Policy include removing a sentence that would have added “emerging skills” as a consideration for determining whether a student qualifies for Extended School Year (ESY) services and removing a sentence that said that would have had the effect of prohibiting reasonable cost criteria for Independent Educational Evaluations (IEEs). The latest revisions to the Model Policy bring it into alignment with the applicable law and cases governing Ohio schools.

In addition to revising the Model Policy, ODEW has also drafted revisions to the required and optional special education forms (e.g., IEP, ETR, prior written notice, etc.). The proposed revisions have been posted on the Office for Exceptional Children website, and ODEW is soliciting comments through May 23 using an online survey and through virtual sessions scheduled for April 24, May 6, May 8, and May 13 (registration required). Find the proposed forms, the survey, and virtual session registration here:

Ohio Required and Optional Forms | Ohio Department of Education and Workforce

What Does This Mean for Your District?

 ODEW was responsive to concerns raised by education stakeholders regarding the initial version of the Model Policy. This cooperation between ODEW and public education agencies is commendable and is key to insuring Ohio’s schools appropriately serve their communities and students. As ODEW solicits input on revisions to special education forms it is important for educators to advocate for appropriate revisions that ensure the forms are aligned with the law and support not just compliance, but also the effective operation of school districts.

Educational agencies are still required to adopt the model policies and procedures, or obtain approval from ODEW for alternate policies and procedures, by May 30, 2025. Especially for ESCs and CTCs, the adoption of the new policies and procedures could be interpreted as an expansion of your duties which were outlined in the changes to OAC 3301-51-05 in January.[1]

Some educational agencies may have already adopted and approved the prior version of the model policies and procedures. ODEW has stated that the adoption of the model policies and procedures prior to the update is still sufficient for their requirements. However, the meaningful changes in the revised Model Policy warrant consideration of additional action to adopt the latest revisions. Please contact your attorney at Ennis Britton if you have any questions or concerns regarding the adoption of the model policies and procedures.      

[1] See our article on the changes to OAC 3301-51-05 and the Model Policies and Procedures: https://ennisbritton.com/blog/2025/special-education-update-abrupt-changes-to-ohios-new-procedural-safeguards-rule-leave-educational-agencies-in-a-strange-place

 

 

 

Special Education Update: Office for Civil Rights of the U.S. Department of Education Closes Six Regional Offices

Special Education Update: Office for Civil Rights of the U.S. Department of Education Closes Six Regional Offices

With the release of the March 11, 2025 Organizational Chart the Federal Administration announced the closing of six regional offices of the Office for Civil Rights, the agency designated to oversee and investigate allegations of discriminatory conduct in schools, including Section 504 complaints. The shuttered offices include the Boston, Dallas, New York City, Philadelphia, San Francisco and the Chicago/Cleveland offices, which included the only regional office with a physical presence in Ohio. The five remaining locations are in Denver, Kansas City, Seattle, Atlanta, and Washington, DC.

With persistent concerns about the timeliness of responses from the agency under the best of circumstances, the closing of these offices can be expected to cause greater delays in the complaint resolution process.

A review of the new Organizational Chart shows significant cuts in the following office:

  • Institute of Education Sciences: Responsible for analysis of statistical data and evaluation and funding of federal programs
  • Office of Planning, Evaluation and Policy Development: Responsible for policy development, review and implementation for the entire Department
  • Office of Elementary and Secondary Education:  Responsible for “directing, coordinating and recommending policy for programs designed to help State and local educational agencies improve the achievement of preschool, elementary and secondary school students” and “support equal access to services to help every child achieve”
  • Office of English Language Acquisition: Responsible for ensuring that English language learners and immigrant students attain English proficiency and achieve academic success (completely eliminated)”

What this means for schools: It is yet to be seen how these drastic cuts in personnel and programming will ultimately impact the daily operations of local educational agencies. At the very least, schools should expect delays in processing and resolving complaints filed with OCR and possible changes in the level of express federal guidance on critical issues. The cuts at OCR are being challenged by 21 states in State of New York v. McMahon filed in the federal district court in Massachusetts.

 

 

 

HB 106: Paystub Protection Act To Require Detailed Paystubs

HB 106: Paystub Protection Act To Require Detailed Paystubs

House Bill 106, the Paystub Protection Act, just recently went into effect April 9 and will require that employers provide detailed pay statements to employees on regular paydays. While employers may already be providing pay statements, there is a new level of detail required that may prompt changes for school paystubs and even require future changes in the state payroll system.

The act requires that you provide each employee with a written or electronic pay statement that includes the employee’s earnings and deductions for each pay period, on the employer’s regular paydays.

This pay statement must also include:
1. The employee’s name;
2. The employee’s address;
3. The employer’s name;
4. The total gross wages earned by the employee during the pay period;
5. The total net wages paid to the employee for the pay period;
6. A listing of the amount and purpose of each addition to or deduction from the wages paid to the employee during the pay period;
7. The date the employee was paid and the pay period covered by that payment; and
8. For an employee who is paid on an hourly basis, all of the following information:

a. The total number of hours the employee worked in that pay period;
b. The hourly wage rate at which the employee was paid; and
c. The employee’s hours worked in excess of 40 hours in one workweek.

The act gives a 10-day grace period if you fail to provide the pay statement on the employee’s payday. However, if you fail to provide the required paystub for more than 10 days after the employee requests their paystub, the employee may submit a report of the violation to the Ohio Director of Commerce. The Ohio Director of Commerce will investigate and may issue a written notice of violation to the district. Districts must then post the notice of violation for 10 days in a conspicuous place.

What does this mean for your district?

Districts should conduct a review of payroll processes to ensure that paystubs are consistently sent out on the district’s regular paydays, and that paystubs include the necessary details. If they do not, districts may want to review the requirements with your IT department for your billing software. Additionally, districts may need to make changes to how you toll and count employee leave. Contact an attorney at Ennis Britton if you have any questions or concerns about compliance with this act.

https://search-prod.lis.state.oh.us/api/v2/general_assembly_135/legislation/hb106/05_EN/pdf/

 

 

 

OEC Reaffirms Family Hiring Restrictions, Expands Definition to Include Domestic Partners

OEC Reaffirms Family Hiring Restrictions, Expands Definition to Include Domestic Partners

In their first formal advisory opinion of the year, the Ohio Ethics Commission (OEC), expanded the definition of family member to include domestic partnerships. A “domestic partner” includes a person who is living with the public official or employee in a common law marital relationship or who is otherwise cohabiting with the public official. In this context “cohabitate” means an romantic/intimate relationship. Following this expansion, the Commission’s definition of a “member of a public official’s family” includes but is not limited to: (1) grandparents; (2) parents and step-parents; (3) spouses; (4) children and step-children; (5) grandchildren; (6) siblings; (7) any person related by blood or marriage that resides in the same household as the public official; (8) and domestic partners.

Ohio’s Public Contract Law prohibits public officials from using their authority or influence to secure a contract in which they, a member of their family, or any of their business associates has an interest. Additionally, conflict of interest laws prohibit public officials from using their authority to secure anything of value for family members who are seeking employment with, or are employed by, the same public agency, and from soliciting or accepting anything of value that may manifest in a substantial and improper influence upon the public official.

These laws create several general family hiring restrictions. Notably, public officials cannot:

  • Directly hire members of their family or vote to authorize the employment of a family member;
  • Recommend, nominate, or use their position in any way to secure a job for a family member;
  • Participate in a decision to give a family member a raise, promotion, job advancement, overtime pay or assignments, favorable performance evaluations, or other things of value related to employment; or
  • Use their official position, formally or informally, to impact the decisions or actions of other officials or employees in matters that could affect their family member’s interest in their individual employment.

The Ohio Ethics Commission has advised that this does not amount to a “no-relatives” policy. Provided the school official is sufficiently detached from all employment decisions involving their family member, Ohio’s Ethics laws do not absolutely bar family members from working for the same school district. However, their obligation to remain impartial goes beyond the initial hiring process.

Even if the decision does not directly affect the public official’s family member, they may be prohibited from weighing in on certain actions involving lay-offs or terminations. For example, if a district needed to reduce their staff and one of the official’s family members worked in a department targeted for lay-offs, the public official should refrain from weighing in on those decisions. Even if they are not directly advocating for their family member to keep their position, the official’s actions could still “affect their family member’s interest in their individual employment” as the decision to lay off a different employee indirectly decreases the chances the family member will be affected by the lay-off.

The prohibitions of O.R.C. 102.03 serve the public interest in impartial government by preventing the creation of a situation which may impair the objectivity and impartiality of a public official in a matter affecting themself or a related party. Even if the public official is acting in good faith, the nature of the family relationship alone is enough to call into question the impartiality of their decision, and has the potential to undermine the public’s faith in the district. Prior to taking any employment-related action, district officials who have family members working in the same district need to consider whether the particular decision, even if it relates to another employee, could indirectly improve their family member’s own employment prospects.

 

 

2024 Wage Settlement Report: A Look at Schools Wage Increases

2024 Wage Settlement Report: A Look at Schools Wage Increases

School Employee Average Wage Increase Overall:

The Ohio State Employment Relations Board (SERB) released the annual wage settlement report for 2024 on March 1, 2025. The report shows wages increased more in 2024 than in any other year since 2015, nearly across the board. Teacher wages increased an average of 3.17% and non-teacher school employee wages increased an average of 3.07%. This is the first time since 2015 that school employee wage increases were 3% or higher; in 2023 the state saw an increase of 2.96% for teachers and 2.86% for non-teachers. However, put into context, of the categories of employees reported on (Police (Safety/Security), Fire, Blue-Collar, Other), school employees saw the smallest percentage of wage increase and the statewide average wage increase was 3.42%.

The report’s predictions for 2025 and 2026 show a slight slowdown in wage growth for school employees but the actual results will not be known until March 2026.

School Employee Average Wage Increase By Region:

The 2024 Wage Settlement Report also breaks down the average wage increases by state regions. Below are the average wage increases by region:

  1. Akron/Canton: 3.14%
  2. Cincinnati: 3.64%
  3. Cleveland: 3.29%
  4. Columbus: 3.66%
  5. Dayton: 3.34%
  6. Southeast Ohio: 3.67%
  7. Toledo: 3.59%
  8. Warren/Youngstown: 3.03%

Of the state regions, two regions saw wages increase at a slower rate in 2024 than in 2023. Akron/Canton 2023 average increase was 3.24% and Warren/Youngstown 2023 average increase was 3.07%.

Districts statewide are also carefully watching the state biennium budget bill. Initial projections on revenue from both the Governor’s proposal as well as the version of the budget bill adopted by the Ohio House show concerning numbers for many schools. The budget bill will also likely influence wages moving forward.

What does this mean for your school district?

With 2024 seeing the largest school employee wage increases since 2015, your school is likely feeling that as well and may feel it more if you’re in the process of, or about to begin bargaining for a new agreement. Going into bargaining, consider the region of your school as well to consider what other schools around you are potentially doing or considering doing for wage increases. Talk to your attorney if you have any specific questions regarding the 2024 wage settlement report and what it means for your school.