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...
U.S. Supreme Court limits fair-share fees on labor unions
In a 5-4 decision, the U.S. Supreme Court ruled today that partial-public employees could not be required to pay fair-share fees when the only reason the partial-public employees were deemed to be "public" employees was solely for union formation and collection of...
Law Enforcement Must Have a Warrant to Search a Cell Phone
The U.S. Supreme Court issued an opinion on two cases on June 25, 2014, which prohibits law enforcement from searching the contents of cell phones without warrants. Riley v. California, 573 U.S. _____ (2014); U.S. v. Wurie, 573 U.S. _____ (2014). In these cases,...
State Legislators Tweak Teacher Evaluations . . . Again!
Ohio legislators have once again modified the Ohio teacher evaluation system this month through passage of House Bill 362. The bill, which still awaits the Governor’s signature, reduces the frequency of evaluations for certain teachers and also creates an optional...
Precision in disciplinary codes protects against disparate impact claims
As school children prepare for summer break, school administrators begin turning their attention to long-term projects that are deferred during the regular school year. Consider adding a review of your student disciplinary code to your summer to do list. In January,...
Ohio Supreme Court Again Upholds Voluntary Abandonment Doctrine
State ex rel. Jacobs v. Indus. Comm. This month, the Ohio Supreme Court upheld a denial of temporary total disability (TTD) benefits for an employee based on job abandonment. TTD benefits serve as wage replacement for employees who have suffered a workplace injury...
Ohio House Proposes Many Changes to Evaluation Procedures under Substitute S.B. 229
The Ohio House Education Committee has unveiled sweeping changes to Substitute Senate Bill 229 with regard to teacher and principal evaluations. The original version of SB 229, which passed the Senate unanimously on December 4th, 2013, modified frequency and...
FMLA “Health Care Provider” Certifications Rarely Acceptable From Chiropractors
We've recently seen an increase in the number of FMLA "Health Care Provider" certifications that are completed by chiropractors. As many of you know, the FMLA grants eligible employees up to 12 weeks of unpaid leave for several reasons, including a serious health...
Affordable Care Act Employer Mandate Delayed (in part) Again.
On February 10, 2014, the U.S. Department of the Treasury and the Internal Revenue Service gave businesses an extra year to comply with the Affordable Care Act's employer mandate. Click for U.S. Treasury Press Release. Effective immediately, businesses with 50-99...
Ohio Legislature Considers Flurry of Bills in an Attempt to Ease Burden of Harsh Winter on Schools
The Ohio House of Representatives and Ohio Senate are both considering bills to ease the burden on Ohio school districts that have taken an unusual number of calamity days this school year due to harsh winter conditions. One of the pending bills, House Bill 416, was...
ODE Temporarily Permits Submission of Online Make-up Plans for 2013-2014
The Ohio Department of Education recently announced that it will temporarily lift the August 1st deadline for submission of online calamity day make-up plans to assist school districts that have experienced a high number of weather-related closings this school year....
HR Compliance for 2014
Even with the plethora of snow days in Ohio this month, it is officially 2014. A variety of items in health care and minimum wage have changed. Ensure your district is compliant with these regulation updates in health care and minimum wage. As of January 1, 2014:...