It’s Official! New Financial Literacy Requirements, Temporary Rule for Substitutes

After several delays, Governor DeWine signed the highly anticipated Senate Bill 1 into law on October 28, 2021. Section 4 of the bill was signed as an emergency measure and is effective immediately. The remaining sections of the bill become effective January 27, 2022.

A key provision of SB 1 is the requirement that high school students complete ½ unit of financial literacy. The course may be taken as an elective, or in lieu of ½ credit of mathematics. If the student elects to take financial literacy as part of their math requirements, the credit cannot take the place of Algebra II or any course that the state board requires an end-of-course examination in. The new requirement will apply to students who enter ninth grade on or after July 1, 2022. Students enrolled in non-public schools are not required to take financial literacy unless they are participating in a state scholarship program.

A related provision of the bill establishes new licensure requirements for teachers who instruct in financial literacy. Beginning in 2024-25, teachers must have an educator license validation to teach financial literacy. The state board is tasked with adopting additional requirements for the license validation in consultation with a new council that they are required to establish. Teachers who hold valid licenses in social studies, family and consumer sciences, or business education are not required to obtain the license validation.

School districts are required to pay for any costs incurred to meet the new requirement but may seek reimbursement through the Ohio Department of Education. A new fund called the Ohio Financial Literacy Fund was established through SB 1 to help districts cover the costs. As we mentioned in our October 2021 issue of School Law Review, ESCs have been added to the list of entities eligible for reimbursement.

Perhaps the most anticipated provision of Senate Bill 1 is included in Section 4 of the bill. This section temporarily authorizes school districts to establish local education qualifications for individuals to serve as substitute teachers during the 2021-22 school year that is less burdensome than the current state requirements, including that they are not required to have a post-secondary degree. Individuals must be deemed of good moral character and complete criminal background checks. This provision is intended to ease the burden on schools that are having a difficult time finding substitute teachers amid the ongoing pandemic. The Ohio Department of Education has begun issuing temporary one-year, nonrenewable substitute licenses for individuals in accordance with this provision.  

Are Teachers Breaking the Rules Recording Students on Their Personal Cell Phones in Class?

Are Teachers Breaking the Rules Recording Students on Their Personal Cell Phones in Class?

A complaint was recently filed with the Student Privacy Policy Office (SPPO) alleging a Family Educational Rights and Privacy Act (FERPA) violation when two teachers recorded students in the classroom on their personal cell phones.

Students’ education records are protected under FERPA. The term “education records” is defined, with certain exclusions, as those records that are directly related to a student and which are maintained by an educational agency or institution, or by a party acting for the agency or institution, to which funds have been made available under and program administered by the Secretary of Education.

Under FERPA, a school is prohibited from disclosing personally identifiable information from a child’s education records, without consent, unless the disclosure meets an exception to FERPA’s general consent requirement.

Any complaint must:

  • be filed by a parent who maintains FERPA rights over the education records which are the subject of the complaint;
  • be submitted to the SPPO within 180 days of the date of the alleged violation or of the date that the complainant knew or reasonably should have known of the alleged violation; and
  • contain specific allegations of fact giving reasonable cause to believe that a violation of FERPA has occurred.

Ultimately, the parents failed to establish that the teacher’s recording qualified as part of the student’s education record and SPPO ruled that the videos did not violate FERPA. The SPPO maintained that the recordings did not focus on a specific student, but instead showed students participating in school activities without highlighting a particular student. They further noted that the SPPO has not issued formal guidance on the use of personal devices by school officials and the FERPA regulations do not specifically address this issue.

What Does this Mean for Your District?

While the SPPO determined that the recordings in this case were not prohibited under FERPA, SPPO did indicate that other laws protecting the confidentiality of information in general or personally identifiable student information could come into play. Great caution and care should be exercised by school officials when making recordings or taking photographs in a classroom to ensure that prior consent is obtained to ensure that no federal or state laws are violated.