by Pamela Leist | Feb 3, 2020 | General, Legislation, School Finance, School Management
Efforts to curb the impact of EdChoice accelerated towards the end of January as legislators in the Senate and House searched for ways to reduce the negative financial impact that the program is anticipated to have on Ohio’s public schools starting next year. Legislators and the governor approved language in last year’s budget bill which was designed to dramatically increase the number of students eligible for the scholarships by more than doubling the number of eligible buildings. Prior to the program expansion, EdChoice was available in 31 school districts and 255 schools. After the expansion, EdChoice eligibility would have extended to at least 426 school districts and 1,227 schools.
Lobbying efforts and contacts from districts to their legislators and to House and Senate committee members to reduce the impact of the changes resulted in the last-minute action to delay implementation of the changes. The 2020-2021 application window for EdChoice would have opened on February 1st, of this year; now, the program application is delayed to April 1st. The House and Senate are expected to review the EdChoice program expansion in the next two months and hopefully will develop amendments to the budget expansion which will better support Ohio’s public school system.
The House initially proposed changes to EdChoice through HB 9. With a deadline of February 1st (the start of the applications of EdChoice scholarships) looming, the Senate passed alternative language late in the evening on January 29th. The Senate’s plan would have reduced the number of school buildings eligible under the traditional EdChoice program, but would also have increased the number of families eligible for the EdChoice expansion program by changing eligibility from 200% to 300% of the federal poverty guidelines for the income-based vouchers.
The bill was sent back to the House, which rejected the changes, and a conference committee convened. The House elected instead to pass House Bill 120, including language delaying the EdChoice application window until April 1st. HB 120 also contained separate provisions that authorize the auditor’s office to conduct performance audits of all state institutions of higher education and also modified requirements for College Credit Plus informational sessions. The bill included an appropriation of $10 million to help fund the EdChoice program. The Senate passed HB 120 on January 31st and the governor signed the bill the same day. The bill is considered an emergency measure and is effective immediately. This move buys the legislature more time to develop a plan that both houses are willing to pass.
February 3rd, 2020 Update: A group of families and private schools filed a lawsuit in the Ohio Supreme Court challenging House Bill 120 changes to EdChoice. The lawsuit alleges that the legislature failed to properly execute an emergency measure and therefore HB 120 should not go into effect for 90 days. The parties also claim that the HB 120 application delay will cause irreparable harm to new EdChoice eligible students who planned to apply for the scholarship. If successful, the state may be forced to accept applications starting February 1st.
We will keep you posted on developments. The education associations have sent out multiple calls of action on the bills and you are encouraged to continue to stay apprised of developments and let your legislators know how the expansion would affect your district.
by Pamela Leist | Nov 4, 2019 | General
Ennis Britton is proud to be a Platinum Sponsor of the 2019 Ohio School Boards Association Capital Conference. This means you will see our team of attorneys and firm logo in a lot of places! The firm is the exclusive sponsor of the OSBA Conference App, which will be activated this month. The conference app is a very helpful tool to schedule your activities, download handouts, learn more about track sessions, and find your way around the conference.
A new feature this year allows you to log in and track your certificates of attendance. You can download the free app through the Apple App Store or Google Play Store. You also may access the app online at http://conference.ohioschoolboards.org/app.
In addition, the firm is sponsoring the Conference Spotlight Session Lifting Leaders – How to Grow Leadership. The spotlight session takes place Sunday, November 10 from 1:30 p.m. to 3:30 p.m. in Room A210-212.
The Ennis Britton Consulting Group will have a booth at the trade show. Stop by Booth 813 and to see the services they can provide to your district and management team.
Join our attorneys presenting at Capital Conference this year for exciting, informative (and entertaining!) track sessions. Here is when and where you can find us:
Sunday, Nov. 10th
1:00 p.m. – Room A123-125
Evaluation, Nonrenewal and Termination
Presented by John Britton
Monday, Nov. 11th
9:00am – Room A210-212
Into the Woods: Advanced Public Records Law
Presented by Hollie Reedy
10:30 a.m. – Room A220-222
Disproportionality Discipline Dilemmas
Presented by Jeremy Neff, Darrell Yater and Mona Burts-Beatty
2:30pm – Room A213-215
Regulating Employee Social Media Use
Presented by John Britton
3:00pm – Room A210-212
We’re Under Attack – This is Not a Drill!
Presented by Robert J. McBride
Last but not least, don’t forget to join us for Ennis Britton’s Capital Conference reception. All attendees are welcome to attend. Please R.S.V.P. to Barbara A. Billow at bbillow@ennisbritton.com.
Monday, November 11, 2019
4:00 p.m. to 6:00 p.m.
Hyatt Regency Columbus
Franklin Rooms A, B & C
We are thrilled to be a part of this annual event and hope to see you there!
by Pamela Leist | Oct 1, 2019 | General
Ennis Britton is excited to announce that attorney Robert J. McBride has joined our team! Bob has dedicated his practice to representing public school districts and private sector clients in the areas of employment law, civil rights defense, board leadership, labor relations, general civil litigation and construction law.
His experience includes negotiating collective bargaining agreements and labor arbitrations, as well as advising clients on compliance with statutes such as the Ohio Public Employees’ Collective Bargaining Act and the Fair Labor Standards Act. Bob also advises clients on compliance with civil rights laws covering race, sex, national origin, religion, age, disability, genetic information, family and medical leave and veteran status. He represents clients before administrative agencies such as the Equal Employment Opportunity Commission, the Ohio Civil Rights Commission, the Ohio Unemployment Compensation Review Commission, the United States Department of Labor Wage and Hour Division, the National Labor Relations Board, and the State Employment Relations Board. Bob is frequently asked to present at conferences across the state on topics related to school operations, employment and more. He is a member of the firm’s School Finance and Construction and Real Estate practice teams.
Bob has practiced law for more than twenty-four years. He graduated cum laude from the University of Notre Dame Law School in 1995. He also holds a Bachelor of Arts degree from the University of Dayton, where he graduated magna cum laude, as well as a Masters of Public Administration from the University of Akron. Bob is a recognized community leader. He is member and past chair of the Stark County Bar Association’s Grievance Committee and a member of the SCBA Labor Law Committee. He also serves on the Board of Directors and is Chair of Operations Committee for ComQuest Services. He is a former board member of both the YMCA of Central Stark County and Meyers Lake YMCA, where he served as board chair. Bob was a proud member of the Leadership Stark County’s 12th graduating class as well.
We hope you help us in welcoming Bob to the firm! You can contact Bob at our Cleveland Office.
6000 Lombardo Center
Suite 120
Cleveland, Ohio 44131
Phone: (216) 487-6672
Fax: (216) 674-8638
rmcbride@ennisbritton.com
by Pamela Leist | Sep 26, 2019 | Board Policy & Representation, General, Labor and Employment, Legislation, School Management
The Sixth District Court of Appeals delivered a win to school districts recently when it reversed a lower court’s decision ordering the Perkins Local School District to reinstate a former teacher who had been terminated with an award of $367,202.52 in lost wages and benefits. The case was brought by former teacher and coach Tracey Hiss. Hiss was terminated for cause after the district learned she supplied several members of her girls track team with Lidoderm patches – prescription patches containing lidocaine that help with pain relief.
When the superintendent learned of the allegations, he met with Hiss and subsequently placed her on paid leave pending further investigation. He also reported the allegations to the police, who subsequently charged her with a minor misdemeanor for her actions. The district held a pre-disciplinary hearing and the superintendent sent notice of his intent to recommend termination. Hiss, through legal counsel, objected to some of the reasons listed in the notice because they had not been addressed at the pre-disciplinary hearing. The superintendent subsequently held another pre-disciplinary hearing and again recommended termination which the board approved. Hiss requested a hearing to challenge the board’s intent to terminate before a state appointed referee. At the termination hearing, Hiss introduced evidence of an incident where a prior coach, Crabtree, had given a student Tylenol to help reduce pain. She argued that the board should not have terminated her contract due to the fact that this teacher merely received a reprimand and a brief suspension from coaching, where she was being terminated.
After conclusion of the five-day hearing, the referee issued his report and recommendation that the board terminate Hiss’s teaching contract. In making this recommendation, the referee found that the board had sufficient policies prohibiting teachers from both possessing and distributing controlled substances and medicines to students without a parent’s permission.
Shortly thereafter, the Board adopted the referee’s recommendation and passed a resolution to terminate Hiss’s teaching contract. Hiss then appealed this decision to the common pleas court. The court applied the Daughtry test of good and just cause, concluding that the board lacked cause to terminate Hiss’s contract. The court focused in particular on the fact that Crabtree, who had engaged in similar behavior, received a much less severe discipline. The district appealed, claiming in part that the court of common pleas abused its discretion in applying this new test and effectively usurping the role of the ODE referee.
On appeal, the Sixth District Court of Appeals agreed that the court of common pleas abused its discretion when it substituted its own judgement in place of the board of education. The court of appeals concluded that the court’s reliance on the Daugherty test to define “good and just cause” was misplaced. The court reasoned that, while an arbitrator may use the Daugherty test to determine the standard of good and just cause in a labor-arbitration matter, the Ohio Supreme Court has failed to adopt the Daugherty test in just cause teacher termination cases. Thus, the common pleas court exceeded its authority by relying on the Daugherty test as opposed to the cases interpreting R.C. 3319.16 as to whether good or just cause exists.
Examining the merits of the case, the court also determined that Hiss’s misconduct was , a “fairly serious matter” that falls within the realm of good and just cause for termination under R.C. 3319.16. Hiss repeatedly gave prescription pain medicine to students in direct violation of district policy that could have ultimately caused serious harm to the students. The court opined that this added to the fact that the board of education complied with procedural requirements of R.C. 3319.16 by providing Hiss with two informal hearings as well as a hearing before the referee justified the board’s decision to terminate. Therefore, the board’s earlier decision to terminate Hiss’s teaching contract was reinstated.
by Pamela Leist | Mar 19, 2019 | Board Policy & Representation, General, Labor and Employment
The Licensure Code of Professional Conduct for Ohio Educators (“Code”), which was first adopted in 2008, outlines the framework for professional conduct for individuals who have a license or permit issued by the State Board of Education. On February 13, 2019, the Ohio Department of Education (“ODE”) released a revised draft of the Code. The proposed changes highlight areas that ODE and the State Board have placed renewed focus on.
For instance, Principle One was revised to recognize that educators who have an ongoing physical or mental incapacity violate the Code. This includes an addiction to a substance that renders them unable to effectively perform their duties or maintain the care and custody of children. Under this Principle, ODE recognized acts of sexual harassment and dishonesty violate the Principle as well.
ODE clarified, under Principle Two, the expectation for educators to maintain appropriate relationships with students. The Principle was amended to outline that establishing an unprofessional relationship with a student for emotional, romantic or other reasons is prohibited and has severe implications.
Principle Three spells out in more detail how an educator may violate the Code by falsifying, intentionally misrepresenting, willfully omitting, or negligently reporting professional qualifications and/or prior discipline issued by the State Board. It also indicates that an educator commits a violation by failing to cooperate with a formal inquiry or investigation of any state or federal agency.
Additional language was added in Principle Six, titled “Use, Possession, or Unlawful Distribution of Alcohol, Drugs, and Tobacco,” specifically to detail professional conduct of teachers in their personal behavior outside of school. It states that teachers may not engage in habitual use of alcohol as demonstrated by multiple alcohol-related convictions during a five-year timespan.
A new Principle was created to address technology in light of the ever-growing use of technology in our schools. Principle Nine requires educators to demonstrate responsible and appropriate conduct when using electronic devices and accessing the data that have been entrusted to them. The Code summarizes the expectation that educators must be diligent in preventing students and others from accessing improper or confidential material on their professional and personal devices. Educators may not present inappropriate, non-school media to students or use technology or social media for inappropriate communications with students. Educators under the Code will be held accountable for reporting online harassment or bullying of a student and will be expected to intervene when aware of illegal or inappropriate images and media involving a student or minor. Educators may not use technology to distribute inappropriate material that could be reasonably accessed by the school community. Lastly, educators may not use school technology for their personal business venture.
The State Board receives and investigates complaints of Code violations and has the authority to issue discipline. Possible discipline for violations ranges from a letter of admonishment up to the permanent revocation of a license or permit. The draft code may be accessed at: http://education.ohio.gov/getattachment/Topics/Teaching/Educator-Conduct/Licensure-Code-of-Professional-Conduct-for-Ohio-Ed/2019-DRAFT-Licensure-Code-of-Professional-Conduct-for-Ohio-Educators.pdf.aspx?lang=en-US
