Week in Review 7-29-24

Week in Review > Week in Review 7-29-24

Posted by Buckeye Association of School Administrators on July 29th, 2024

BALLOT ISSUES

Campaigners in support of another redistricting amendment to the Ohio Constitution easily cleared the signature threshold for making the November ballot, Secretary of State Frank LaRose said Tuesday. The Citizens Not Politicians campaign, which is behind the amendment, turned in 731,306 signatures earlier this month. LaRose’s office reported that county boards of elections determined 535,005 of them were valid, well beyond the required 413,487 — a threshold equal to 10 percent of the votes cast in the most recent gubernatorial election. The amendment campaign also gathered signatures totaling at least 5 percent of votes cast in 58 of Ohio’s 88 counties, exceeding the requirement to do so in 44 counties. The next step in the initiated constitutional amendment process is for the Ohio Ballot Board to determine the official title and ballot language for the amendment.

Backers of a proposed constitutional amendment that would end qualified immunity for certain government employees in cases that allege a civil rights violation have again taken Attorney General Dave Yost to court after he rejected their proposed submission again for the ninth time. This time it was on the basis that it lacked a title. Backers of the amendment filed a new lawsuit against Yost on Friday with the Ohio Supreme Court, saying the attorney general has repeatedly prevented them from circulating their proposed amendment for signatures. They said Yost rejected each of their submissions, offering a variety of “shifting reasons for his rejections. Despite the fact that relators have amended their summary each time in response to [Yost’s] criticisms, he continues to reject the revised submissions, citing new reasons each time.” They said they had deleted the title from their previous submission “out of an abundance of caution” in order to assuage Yost’s concerns about the accuracy of the title.

FY26-27 BUDGET

Detailed planning can begin in earnest for the upcoming biennial budget cycle after the Office of Budget and Management (OBM) published official guidance for FY26-27. As with the FY24-25 guidance issued in 2022, OBM’s FY26-27 guidance asks agencies to focus on results to justify spending proposals. OBM is also rolling out a new portal for language requests agencies hope to see included in the executive proposal. The guidance asks agencies to couch their requests in terms of their relationships to the budget, given the Ohio Constitution’s single subject rule. Agencies are also to use the language portal during deliberations on the FY26-27 budget next year to propose any necessary amendments as the legislative process progresses. A schedule for submission of requests is as follows:

– Friday, Sept. 13, Group 1 (licensing boards and commissions)

– Friday, Sept. 27, Group 2 (small- to mid-size agencies)

– Monday, Oct. 21, Group 3 (cabinet agencies and other executive agencies)

– Friday, Nov. 1, Group 4 (legislative, judicial and statewide elected agencies)

DISASTERS

Gov. Mike DeWine says the U.S. president is ignoring the relative poverty of Appalachian regions in denying his first request for a disaster declaration following spring flooding, tornadoes and storms in Southeast Ohio. He appealed that determination in a second letter to the Biden administration citing a lack of state and local resources to rebuild roads and other damaged infrastructure. The governor’s original, June 3 petition for federal assistance quoted a preliminary estimate of $33.8 million in damages to Belmont, Monroe, Jefferson, Guernsey, Noble, Washington, Morgan and Meigs counties between April 1 – 4. Biden denied the request only three weeks later. DeWine says that figure far exceeds FEMA’s disaster threshold of $21.7 million, falls well below local assessments of $50.5 million and more than satisfies the required $4.60 per capita calculation when Appalachia is taken as a distinct economic region.

EDUCATION

The Ohio STEM Learning Network announced Wednesday the application period for its STEM Classroom Grants will open on Tuesday, July 30, running through 9 a.m. on Tuesday, Sept. 3. The grants can provide schools with amounts of $2,500 or $5,000 for “creative, new ideas to advance STEM education,” according to the announcement. Educators at public, charter and independent STEM schools in grades K-12 are all eligible. Each educator is limited to submitting one grant application per grant cycle, however a school may have multiple educators submit applications. All awarded funds must be spent by June 1, 2025 in the manner outlined in the approved grant application. The Ohio STEM Learning Network is a partnership of the Ohio Department of Education and Workforce (DEW) and Battelle. More details on the grants are available at https://tinyurl.com/es5v5h68.

DEW will again refile a rule on operating standards for identifying and serving gifted students after concerns were raised in Monday’s Joint Committee on Agency Rule Review (JCARR) meeting. The rule was previously placed in to-be-refiled status to make changes to the language requested by stakeholders. Abbie Sigmon, executive director of the Ohio Association for Gifted Children (OAGC), testified on the item that included some positive comments about the rule but also some concerns. She had previously urged changes to the rule at a DEW meeting in January.

A new front will open in federal court soon in the legal battle over a Warren County Educational Service Center (ESC) program for students with severe and complex needs, while the pending state court case is moving up to the 12th District after a judge blocked DEW from enforcing corrective action plans for the ESC.

ELECTIONS

A federal judge ruled that a provision of omnibus elections bill 134-HB458 (Hall) that allows only a select few to possess or return a voter’s absentee ballot violates the Voting Rights Act (VRA). Judge Bridget Meehan Brennan Monday said 134-HB458’s criminalizing knowingly returning another’s absentee ballot unless authorized to do so violates Section 208 of the VRA, which gives disabled voters the right to have assistance from “a person of the voter’s choice.” The lawsuit was brought against Secretary of State Frank LaRose and others by the League of Women Voters (LWV) of Ohio and Jennifer Kucera, a registered Republican and a disabled Ohioan living with muscular dystrophy. Kucera is unable to travel without assistance and relies on caregivers for daily tasks, according to the court. She has had to rely on her elderly mother to help her with voting, but she would prefer to rely on her caregivers. The lawsuit argued that 134-HB458’s limitations on who may possess or return absentee ballots unlawfully affected disabled voters.

The Ohio Elections Commission and its executive director, Phil Richter, talked Thursday about potential approaches to replacing him and allowing an overlap period with potential successors so he can pass on some of his institutional knowledge from decades of leadership. Richter said he is planning to retire in the summer of 2026, and commission members said they’d hope to have new staff on board ahead of that for a successful transition. Commissioners also talked about whether Richter’s position should be split between an administrative leader and legal counsel. Richter noted the commission’s staff attorney position is unique in that it is empowered to serve as legal counsel for the panel instead of the attorney general. That arises from conversations from the commission’s establishment as an independent agency, regarding a need to prevent conflicts of interest with statewide officials whose campaigns might end up before the commission.

GENERAL ASSEMBLY/STATEHOUSE

The 10th District Court of Appeals Monday stayed a lower court ruling that took control of the Ohio House Republican Alliance (OHRA) campaign fund away from House Speaker Jason Stephens (R-Kitts Hill) and scheduled an oral argument. Stephens had appealed Franklin County Common Pleas Judge Mark Serrott’s ruling that handed control of the legislative campaign fund to Rep. Phil Plummer (R-Dayton), whom a majority of the members of the caucus elected to serve as chair during a special meeting called on April 10. Among his arguments, Stephens said Serrott’s ruling “wrongly interfered into the inner workings of a political caucus by adopting rules for the caucus and then agreeing to enforce such rules.” The oral argument for the appeal is set for 1 p.m. on Wednesday, Aug. 14. It will be heard by Judges Betsy Luper Schuster, Carly Edelstein, and David Leland.

GOVERNOR

Gov. Mike DeWine signed health care omnibus measure SB144 (Romanchuk) into law Thursday but struck provisions that would have dissolved the Ohio Medical Quality Foundation (OMQF), following a request from the foundation board that he use his line-item veto power to block the dissolution. Under SB144, lawmakers proposed to dissolve the foundation and send its assets to the Ohio Professional Health Program (OhioPHP), which provides a confidential monitoring program for State Medical Board of Ohio (SMBO) licensees, monitors doctors on probation with impairment concerns and oversees monitoring of treatment providers used by doctors. SMBO told Hannah News last week it had not requested the legislative change.

Gov. Mike DeWine said Tuesday his list of candidates to replace U.S. Sen. J.D. Vance (R-OH) after the junior senator’s vice presidential nomination is not long and will focus on “someone who will stay awhile.” DeWine alluded to several individuals who have contacted his office about the U.S. Senate appointment should the Trump-Vance ticket be successful in November. On Vance’s replacement, the governor shared what he believes it takes to be “effective” in Congress’ upper chamber. “The Senate is an institution of seniority,” he said, having himself served two six-year terms as a U.S. senator for Ohio. Though the candidate list is not long, it also is not short, DeWine said. On Wednesday, he expanded on replacing Vance, stressing that “[former President Donald] Trump has to be elected president before any of that will take place.” DeWine said he would want someone who can win in both the primary and general elections to come, rather than being a “placeholder” choice, and that he would want them to be productive as well. Asked about the role of foreign policy views to that choice, DeWine said he has made it clear he sees support for the North Atlantic Treaty Organization (NATO) and Ukraine as “very important” to U.S. national security.

Regarding the discussion around age and fitness for public office at the national level, DeWine said every case and each person is different. “I think people have to be guided by what the facts are and what they perceive the facts to be,” DeWine added. He also described how his career has benefitted from the experience and wisdom gained over time, with DeWine adding he knew more about how to be governor when he took office in 2019 than when he ran briefly for the 1990 gubernatorial primary. At his age he can still make decisions “pretty quick” even if his ability to remember “every name” was probably better 10 years ago than it is now, DeWine told reporters. He also said he doesn’t think there should be any automatic rules on age and public office and considers it “absurd” that judges can’t serve beyond the age of 70 in Ohio. Some people should stop serving as judges at 70 but that is what elections are for and making generalizations is hard, DeWine continued.

Speaking to reporters after opening the Ohio State Fair Wednesday, Gov. DeWine said he will have a statement on the Citizens Not Politicians proposed redistricting amendment “in the next few days.” The amendment qualified for the November ballot Tuesday. DeWine also said he has spent a lot of time looking at that and trying to understand what it would do, as well as what other states have done. Lt. Gov. Jon Husted further told reporters he was going through the same process as DeWine in regard to the proposed amendment.

Gov. Mike DeWine this week signed HB47 (Brown-Bird) which requires automated external defibrillators (AED) in all public and private schools and local sports and recreation facilities in municipalities and townships of 5,000 residents or more. It was signed at a gathering of students, coaches and teachers at Worthington Kilbourne High School.

The governor signed the following bills:

– SB28 (Roegner) which enters Ohio into the Physician Assistant Licensure Compact, revises the law governing the certification and practice of medication aides, and removes residency conditions related to limited license to practice veterinary medicine. Eff. 90 days.

– SB29 (Huffman) regarding education records and student data privacy. Eff. 90 days.

– SB40 (Roegner) which enters Ohio into the Dentist and Dental Hygienist Compact and prevents health insurers from setting fees on non-covered dental services. Eff. 90 days. Ohio Dental Association Executive Director David Owsiany praised the signing in a statement, saying the compact will streamline the process of licensing dentists and dental hygienists to practice in multiple states while preserving appropriate oversight by the Ohio State Dental Board. He added that “the non-covered services portion of the bill will protect dentist-patient relationships from unnecessary interference by dental insurance companies.”

– SB94 (Brenner-Landis) to make various changes regarding recorded instruments, powers of attorney, judgment liens, mortgage subrogation, law enforcement towing laws, state stock banks, liquor control laws, motor vehicle sales and leases, designation of public depositories, community reinvestment areas, motor vehicle certificates of title, and higher education cost and aid disclosure forms; to provide for the electronic filing of pleadings or documents in courts of common pleas except a probate or juvenile court; in municipal courts, and in county courts, to permit an elected clerk to disburse funds for the computerization of the clerk’s office without the court’s authorization; to permit municipal and county courts to increase the maximum amount of their additional fees from $10 to $20 to cover the computerization of the clerk’s office; to enact the “CAMPUS” Act regarding the prevention of harassment and intimidation at institutions of higher education; to establish campus safety and community programs; to provide additional funding to support responsibilities of the chancellor of higher education related to educator preparation programs and the science of reading; and to make appropriations. Eff. Immediately.

– SB98 (Rulli) addressing fraudulent business filings, deceptive mailings, reinstatement of cancelled business entities, and addresses of statutory agents, and to make changes regarding property taxation, fire investigator firearms, acting or assigned judge reimbursements, common pleas clerk of court duties, recreational vehicle park and camp operation licenses, and state ballot numbering. Eff. 90 days.

– SB112 (Rulli) requiring school buildings to comply with national life safety standards and to name this act the Ohio Childhood Safety Act. Eff. 90 days.

– SB144 (Romanchuk) regarding immunizations administered by pharmacists, pharmacy interns, and pharmacy technicians; regarding certificates of need and change of operator procedures for nursing homes; regarding the per Medicaid day payment rate for specified ICFs/IID; regarding medication aides and certified nurse aides, including competency evaluation programs and training and competency evaluation programs; regarding nursing home quality improvement projects; regarding conditional employment in homes and adult day care programs; regarding grants provided to adult day care providers, and regarding the Ohio Medical Quality Foundation. Appropriation provision eff. immediately, others eff. 90 days. Provision line-item vetoed preventing elimination of the Ohio Medical Quality Foundation.

– SB156 (Reineke-Hackett) revising the law governing the designation of wild, scenic, and recreational rivers and to revise boating law to encourage boating safety. Eff. 90 days.

– SB168 (Reynolds) regarding primary, secondary, and higher education reform and notice requirements for certain reemployed retirants, to transfer cash from the General Revenue Fund to the High School Financial Literacy Fund. Eff. 90 days.

– SB175 (Lang) regarding insurance regulations and taxes. Eff. 90 days.

– SB214 (Kunze) allowing a victim of human trafficking to expunge certain criminal records. Eff. 90 days.

– SB225 (Roegner) designating Sept. 22 as Veterans Suicide Awareness and Prevention Day. Eff. 90 days.

– HB47 (Brown-Bird) requiring the placement of automated external defibrillators (AEDs) in each public and chartered nonpublic school and each public recreational facility and to require the Ohio Department of Health to develop a model emergency action plan for the use of AEDs, to provide hospital relief payments, and to make an appropriation. Eff. 7/23/24.

– HB56 (Plummer-White) prohibiting causing the death of or serious physical harm to another while operating a utility vehicle or mini-truck, to require law enforcement entities to train officers related to the pursuit of a motor vehicle, to increase penalties for fleeing from law enforcement and forms of stunt driving, and to make changes to the distribution of certain driving-related fees. Eff. 90 days.

– HB147 (Fowler Arthur-A. Miller) making changes to the education law regarding teacher licensure, hiring, conduct, professional development stipends, interscholastic athletics, school-event ticket pricing, school funding calculations, special needs scholarship program service providers, background checks for private before and after school care program staff, and the High School Financial Literacy Fund. Eff. 90 days.

– HB158 (Roemer-M. Miller) making changes to the law governing the regulation of cosmetologists and barbers, to enter into the Cosmetology Licensure Compact, and to revise the law governing hospital police officer commissions. Eff. 90 days.

– HB179 (Mathews-Stewart), relative to vicarious liability in tort actions and to provide that the tolling of the limitations period during the defendant’s absence or concealment does not apply to statutes of repose. Eff. 90 days.

– HB202 (Thomas) designating a portion of U.S. Route 62 in Canton as the “Specialist Dennis Alan Combs Memorial Highway.” Eff. 90 days.

– HB226 (Robb Blasdel-Jarrells) permitting water-works companies to bear the costs for replacing certain customer-owned water service lines. Eff. 90 days.

– HB251 (Pavliga) designating a portion of State Route 88 in Portage County as the “Patrolman James R. Wert Memorial Highway” and to update the name of an organization receiving contributions for the “ALS Awareness” license plate. Eff. 90 days.

– HB253 (Upchurch-Holmes) designating portions of United States Routes 42, 68, and 62 as the “Brigadier General Charles Young Memorial Historical Corridor.”

– HB301 (Swearingen) amending the Nonprofit Corporation Law, the law governing dissolving corporations, and the law governing the repair or replacement of a mausoleum or columbarium; to replace two part-time judgeships in the Ashtabula County County Court with one full-time judge, and to include the village of North Kingsville and Kingsville, Monroe, and Sheffield townships within the territorial jurisdiction of the Conneaut Municipal Court; to expand the authority of a board of trustees of a political subdivision soldiers’ memorial; to modify the law governing public depositories; to establish a standing juvenile committee within the state criminal sentencing commission; to allow an immediate appeal of a court order restricting enforcement of state law; to allow a court to order parents to undergo conciliation with a magistrate in a custody proceeding; and to reiterate the effective date of judicial release and transitional control provisions enacted in 134-SB288 (Manning). Eff. 90 days.

– HB466 (Schmidt-Brennan) requiring a written agency agreement for a licensed broker to represent a buyer or seller in a real estate transaction. Eff. 90 days.

HEALTH AND HUMAN SERVICES

Both the plaintiffs and the state have rested their cases in the preliminary injunction hearing/merits trial on the constitutionality of minor gender-affirming care ban HB68 (Click), Ohio Attorney General’s Office spokesperson Bethany McCorkle told Hannah News on Friday. Simultaneous written closing arguments were due to the court by 5 p.m. on Monday, July 22, and simultaneous written responses were due to the court by 5 p.m. on Wednesday, July 24, McCorkle said. The law remains blocked by a temporary restraining order (TRO).

Gov. Mike DeWine announced Friday that Ohio is joining a handful of other states at the forefront of screening newborns for future health conditions. He and Ohio Department of Health (ODH) Director Dr. Bruce Vanderhoff informed the Newborn Screening Advisory Council (NSAC) that the screenings will expand to test for rare mutations of cystic fibrosis. Established last year in HB33 (Edwards), NSAC was directed to screen newborns and children for conditions including cystic fibrosis, Krabbe disease, spinal muscular atrophy and other disorders included within the federal recommended uniform screening panel. In April 2024, DeWine added Duchenne muscular dystrophy to that list, making Ohio the first state to begin screening all newborns for that condition.

Data reported by ODH Friday showed there have been no human cases of West Nile virus this year, though the number of mosquito pools which have tested positive for West Nile during the year now stands at 86. ODH and local officials have tested 194,968 mosquitos during the year in 54 counties, pooled into 5,721 samples. Franklin County currently has the highest number of positive-testing pools at 27, followed by Clark County, 14; Stark County, 13; and Summit County, nine.

With many Ohio students returning to school next month, Vanderhoff urged parents Tuesday to make sure their children are up to date on their childhood vaccines, noting decreased rates of vaccination and increased rates of diseases such as measles. “Sometimes, we may feel like these vaccines are for diseases of the past, diseases that are no longer relevant today,” Vanderhoff said in an online press conference Tuesday morning. “Far too often, we’re encountering proof this simply isn’t true. We continue to see tragic cases of these preventable illnesses popping up right here in Ohio.” He said there have been seven cases of measles this year, and the state is not far removed from a substantial measles outbreak that occurred in 2022. He also said there have been outbreaks of pertussis, also known as whooping cough, meningococcal disease, and mumps. According to Vanderhoff, statewide childhood vaccination rates fell slightly in the 2023-24 school year, with the percentage of kindergarten students up-to-date on all of their vaccines slipping from 86.5 percent in the 2022-23 school year to 86.2 percent last school year.

HIGHER EDUCATION

The University of Toledo (UT) College of Law and Adrian College announced plans for a joint degree agreement, creating a pathway for students to simultaneously earn a juris doctor from UT and a master of arts in criminal justice from Adrian College. Students who enroll in the joint degree program can earn both degrees with the same number of credit hours needed to earn a law degree at UT. The program will begin enrolling students as early as this fall.

Joylynn Brown, a longtime leader of Wright State University athletics and a former coach and student-athlete, has been named the director of athletics after serving in an interim role since April. “Joylynn has provided steady leadership and ensured a seamless transition in Raider Athletics. She brings a wealth of experience and a steadfast passion for the success of Wright State athletics and its student-athletes,” said Wright State University President Sue Edwards. Brown is the fourth director of athletics in Wright State history and the first woman named to the role.

MENTAL HEALTH

Gov. Mike DeWine’s Work Group on Competency Restoration and Diversion moved toward final recommendations Wednesday to expand access to state psychiatric hospitals for Ohioans not engaged in the justice system and treatment for mental health and substance disorders both inside and outside criminal detention. Members, who have been meeting since spring to improve behavioral health and jail diversion for people in crisis, followed up discussions earlier in July on six categories of focus for their final report, including residential treatment, court competency dockets, jail-based programs, liaisons between courts and providers, pre-trial diversion, and larger recommendations for the mental health (MH) system.

OHIO STATE FAIR

Gov. Mike DeWine, Lt. Gov. Jon Husted and first-year Ohio State Fair Executive Director Adam Heffron all took part in opening this year’s event Wednesday morning, noting the importance of the fair for younger Ohioans and what is being done to improve the fairgrounds in the next two years. DeWine added that he and the Legislature have decided to provide the necessary funds for additional fairgrounds improvements in the next two years, including a new entrance that will be complete before the 2025 fair. In 2026, he said, the fair will be “significantly new” in terms of the grounds.

OLYMPICS

Current and former students will represent Ohio at the 2024 Olympic Games in Paris. The Ohio State University Department of Athletics will have 24 current, former and incoming student-athletes competing at the 2024 Olympics. The Buckeyes will represent 10 countries and nine sports at the XXXIII Olympiad. For the second consecutive Summer Olympics, Ohio State will have more than 20 student-athletes competing. This contingent of 24 Buckeyes is the second largest at a single Olympic Games following the school record of 26 who competed in 2021 in Tokyo.

PENSIONS

Nearly a month after the State Teachers Retirement System (STRS) Board voted not to approve performance benefit incentives (PBI) for eligible investment staff, the board held a special meeting Friday where it approved its bonus policy for the fiscal year but tweaked it for top investment staff. On Friday, Board Chair Rudy Fichtenbaum questioned what would happen if the board were to either change or discontinue the PBI policy. STRS fiduciary counsel George Vincent told the board that not approving any compensation structure would put members in violation of their fiduciary duty. He said that while fiduciary law is not typically black or white, there is a circumstances test that should be looked at. He noted that 69 STRS staff members are currently participating in the PBI program, and 50 to 95 percent of their salary are bonuses based on performance.

STATE GOVERNMENT

“The global Microsoft CrowdStrike software outage [Friday] morning is impacting some state services — teams are working to restore them.” Internet users the world over may have seen a message similar to this one found at the top of the homepage for the Ohio Bureau of Workers’ Compensation (BWC) shortly after noon Friday. The disruption of services of cybersecurity firm CrowdStrike late Thursday night affected industries including air travel, financial services, doctors’ offices, broadcasters and some states’ 911 services among many others globally. The company says the outage was a result of a faulty technical update sent to Windows computers and not a cyberattack. A release late Friday morning from Ohio Department of Administrative Services (DAS) Director Kathleen C. Madden said, “The worldwide CrowdStrike software outage this morning is impacting some state of Ohio IT services, and the Department of Administrative Services IT engineering teams are working with state agencies to restore outages.”

Real estate brokers and salespersons would be required to enter into written representation agreements with their clients for certain transactions once HB466 (Schmidt-Brennan) takes effect. The bill was signed Wednesday by the governor. The bill’s requirement specifically applies to sale and purchase agreements regarding residential real property with one to four dwelling units and leases of residential premises exceeding 18 months. Such agreements, which are currently optional under Ohio law, would have to include “a statement that the broker or salesperson is appointed as an agent of the client, whether the agency relationship is exclusive or nonexclusive, and the terms by which the broker or salesperson is compensated,” according to the Legislative Service Commission (LSC) fiscal note for the bill as passed by the Senate.

TAXATION

While Ohio has a “competitive” state tax system, the Ohio Chamber of Commerce Research Foundation released a study Tuesday finding the local tax systems were the second-most burdensome among peer states and that business costs to comply with the local income tax are high, particularly due to remote and hybrid work trends which have continued since the pandemic. Ohio Chamber President and CEO Steve Stivers told Hannah News there needs to be a “comprehensive look” at local income and property taxes but they are not suggesting taking actions that would hurt local governments and schools which depend on that revenue. Instead, the review should be whether there is a “more efficient way to get those revenues and a more consistent way to administer that.” He also said the tax study is part of an effort to find potential solutions and identify which are “politically achievable.” Changes to the municipal tax process could save local governments money currently spent on administering the taxes, according to Stivers and Tom Zaino, a former Ohio tax commissioner and founder of Zaino, Hall & Farrin LLC.