Here is a compendium of current issues that affect Ohio’s public entities, plus McGown & Markling news of note.
On March 28, 2019, the United States Department of Labor issued a notice of proposed rulemaking updating the exclusions allowed when calculating overtime payments. Additionally, the proposed changes would change the definitions of “show up,” “call back,” and other similar types of pay from “infrequent and sporadic” to “without prearrangement.” To read the notice and […]
The United States Department of Education published non-regulatory, non-binding guidance to assist school districts prepare report cards for the Every Student Succeeds Act. The guidance covers areas of charter school reporting, calculation of student participation rates, the definition of a graduation cohort, and more. To read the guidance, click here. Authors: Matthew John Markling and […]
The United States Department of Education published guidance on meeting alternate assessment requirements under the Every Student Succeeds Act (“ESSA”). The guidance focuses on directing states to comply with the one percent requirement for alternate assessments that are aligned with alternate academic achievement standards. The guidance highlights the potential consequences for failing to comply with […]
The Ohio Ethics Commission just published its newest newsletter, which can be viewed here. Past newsletters from the Ohio Ethics Commission can be viewed here. McGown & Markling is often asked to opine on various ethics issues, but the best ethics advice comes straight from the Ohio Ethics Commission itself. To request an advisory opinion […]
The Ohio Occupational Therapy Association and Ohio School Health Services Association have jointly produced guidance for school boards and officials regarding Ohio’s independent Medicaid School Program. To read the guidance, here. Authors: Matthew John Markling and the McGown & Markling Team. Note: This blog entry does not constitute – nor does it contain – legal […]
On March 14, 2019, the United States Department of Labor (“DOL”) issued guidance finding that an employer may not delay the designation of Family and Medical Leave Act (“FMLA”) leave or designate more than twelve (12) weeks of leave as FMLA leave. This issue arose because some employers would permit employees to use paid leave […]
In the case of Council of Parent Attorneys. & Advocates, Inc. v. Devos, 2019 U.S. Dist. LEXIS 36318, a federal district court held that the United States Department of Education (“DOE”) could not extend the compliance date for public schools to report racial disparities in special education programs. Because the DOE determined that the nation’s […]
On March 7, 2019, the United States Department of Labor, Wage and Hour Division (“Department of Labor”) proposed expanded overtime requirements for workers. Under the proposed requirements, workers who make less than $35,308.00 per year would be eligible for overtime pay for any hours worked beyond a 40 hour work week. This is an increase […]