Q:       What is a public school?  
A:        Public schools are the “traditional,” publicly funded primary and secondary schools that include city, exempted village, local and joint vocational school districts. Public schools are operated under the direction of boards of education, which usually consist of 5 members elected from within the district. While Ohio’s community schools (“charter schools”) are also public schools, this article focuses on traditional public schools. 

Q:       How are public schools funded?  

A:        Ohio’s public schools receive federal, state and local funding. Federal funds are provided primarily through incentive-based programs such as the No Child Left Behind Act (NLCB) and the Race to the Top (RttT). Federal funds are also provided through the Individuals with Disabilities Education Act (IDEA) for special education services. 

State funding comes primarily from Ohio Department of Education per-pupil foundation payments, which are adjusted to some degree based on district size and need.

Local funds come primarily from taxes paid by real property owners in the school district. Local funding can vary widely among districts, depending on a district’s overall real estate values. Largely because of this variance in real estate values and taxes collected, the Supreme Court of Ohio ruled in 1997 that Ohio’s school funding was unconstitutional.  The Court’s decision has resulted in some school funding equalization, but funding inequity remains a challenge. 

Q:       Must public school teachers be licensed?

A:        Yes. Public school teachers must comply with all Ohio Department of Education certification and licensing requirements. At a minimum, a public school teacher must earn a bachelor’s degree from an accredited institution, complete a teacher preparation program (including field experience and student teaching), pass a licensure examination and possess good moral character.

 Q:      Can a public school choose the students it will and will not serve?
A:        No. Ohio law requires all children between the ages of six and 18 to attend either a private or a public school, and public schools must admit any child of school age residing within its district. Public schools may adopt an open enrollment policy (tuition-free attendance) for students residing in adjacent or non-adjacent district, but may not exclude students residing in the district.

A public school may remove (suspend or expel) a resident student for violations of the student code of conduct. Ohio laws also require students to be removed from school in certain serious situations (e.g., involving weapons or threats). 

Q:       Do students ever have to pay tuition to attend a public school?
A:        Occasionally. The general rule is that students may only attend school tuition-free in the district where their parents reside. This applies to natural or adoptive parents and to the residential parent if the parents are not married. First, schools may allow students outside of their district to pay tuition to enroll, and students may opt to do so. Second, if neither parent resides in the district where the student resides, the district where the student resides may charge tuition. In many cases, however, the cost of tuition must be “charged back” to the school district where the parent(s) reside, so that the student is not responsible for the cost. There are several exceptions to this general tuition rule, including exceptions for children in foster homes, families buying or building a home in the district, children of school employees and special education students. 

Q:       How are public school students tested?

A:        Public school students must take all state-required tests, including diagnostic assessments, proficiency tests, the Ohio Achievement Assessment (OAA) and the Ohio Graduation Tests (OGT).  In 2012, Ohio adopted the Third Grade Reading Guarantee, which requires districts to diagnose reading deficiencies for students in grades K-3, to implement reading improvement and monitoring plans, and to provide intensive reading interventions. Assessments and proficiency testing for special education students may be exempted or modified, depending on the student’s Individualized Education Plan (IEP). 

Q:       Is transportation provided to public schools?

A:        Transportation must be provided for students in grades K-8 who live more than two miles from school. Transportation may be provided for students living less than two miles from school or for students attending high school, but neither is mandatory. The student’s public school district also must provide transportation to any private school, as long as the student lives more than two miles from the private school and the private school is less than 30 minutes away from the public school that the student would have attended. Public schools must provide such transportation for private school students in grades K-8 only, unless the public school already provides transportation for its own high school students, in which case it must provide the same for students attending private schools.

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by attorney Mark A. Weiker of the Columbus firm Means, Bichimer, Burkholder & Baker Co., LPA. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Q:       What is a municipal court?

A:        Ohio’s municipal courts are trial courts located in counties and townships throughout Ohio. There are more than 120 municipal courts in Ohio.   

Q:       What kinds of cases do municipal courts hear?

A:        Depending on the size of the municipality, a municipal court may have the following divisions that hear a variety of cases:

(1)  a civil division, which generally hears civil cases with less than $15,000 at issue;

(2)  a traffic/criminal division, which generally hears traffic offenses and misdemeanor criminal cases; and

(3)  a housing and/or environmental division, which generally hears civil and criminal actions to enforce local building, housing, health and safety codes in places intended for human habitation, and in some municipalities, evictions and landlord/tenant issues.

Q:       How many judges does each municipal court have?

A:        Each municipal court has a different number of municipal court judges, depending on a particular municipality’s population. In some counties, one judge handles all municipal court divisions. In other counties, one judge may handle two or more divisions. In the most populous counties, many judges share the workload of a single division. For example, the Franklin County Municipal Court has 14 judges in the general division who hear both civil and traffic/criminal cases, and one judge who hears cases in the environmental court. 

Q:       How are cases assigned to municipal court judges?

A:        Each municipal court assigns cases differently. Generally, if there is more than one judge, each civil case is randomly assigned when the case is filed. For a criminal case, the on-duty judge will generally handle the defendant’s arraignment. At the arraignment (the defendant’s first appearance in court), the defendant is informed of the charges and enters a plea of guilty or not guilty. After the arraignment, the case is usually randomly assigned to one of the municipal court judges, who oversees the case to its conclusion.   

Q:       What kind of workload do Ohio municipal court judges have?

A:        In 2011, nearly two million new cases were filed in Ohio’s municipal courts. More than half of these new cases were traffic violations. The workload for a particular municipal court judge can vary widely. For example, in 2011, each municipal court judge in Hamilton County handled more than 22,000 cases, while the part-time judge in the Oakwood Municipal Court handled a little over 1,700 cases.

Q:       How are municipal judges chosen, and what qualifications must they have?

A:        Municipal court judges are elected to six-year terms. Municipal court judges must be attorneys with at least six years of experience in the practice of law.

Q:       What do municipal court judges spend their time doing?

A:        Municipal court judges spend much of their time hearing cases in court. In many jurisdictions, municipal court judges handle both misdemeanor and felony criminal arraignments. At the arraignment, the defendant is informed of the charges against him or her and is asked to enter a plea of guilty or not guilty. In a criminal case, a municipal court judge conducts pretrial conferences and hearings, and rules on evidentiary and other pretrial motions. The municipal court judge also conducts criminal trials. In a civil case, a municipal court judge hears and rules on discovery and other pretrial motions, conducts pretrial conferences, facilitates settlement of the claims, and, if necessary, conducts civil trials.

Q:       Do all municipal court trials have juries?

A:        No. Juries hear some cases, but sometimes a case is brought before a judge, who decides the matter. In a misdemeanor criminal case, the defendant has a right to a jury of eight people, and all eight must agree to a verdict of guilty or not guilty. A criminal defendant who would rather have a judge hear his or her case must waive the right to a jury both in writing and verbally, in open court. In a civil case, a litigant (the person bringing the case before the court) is not automatically entitled to a jury. Rather, he or she must request a jury in writing and usually must submit a jury deposit. If a civil case is tried to a jury, eight jurors are chosen, and at least six of the eight must agree in order to reach a verdict.

  

Q:       What if I think an error was made in my case?

A:        You have the right to appeal to the district court of appeals that handles the county or municipality in which your case was tried. For a map of the Ohio courts of appeal covering each Ohio municipality, visit www.supremecourt.ohio.gov/JudSystem/districtCourts/.

This “Law You Can Use” column was provided by the Ohio State Bar Association (OSBA). It was prepared by attorneys Douglas Riddell and Bridget Purdue Riddell of Riddell Law LLC. The column offers general information about the law. Seek an attorney’s advice before applying this information to a legal problem.

Q:       Can Ohio’s Lemon Law help me if my ATV is a lemon?

A:        Yes. The law can require the manufacturer to replace or buy back an all-terrain vehicle (ATV) that you purchased or leased if it:

• had a defect that substantially impaired its use, value or safety; and
• was not, or could not be, properly repaired or repaired in a timely manner.

The law does not, however, cover parts added to your ATV by a dealer.

Q:       Does the Lemon Law cover my used ATV?

A:        Generally, no.  It will only be covered if you bought the ATV within the first year or 18,000 miles of operation and you reported the problems within the first year or 18,000 miles of operation.

Q:       My ATV does not have an odometer for mileage. Does the Lemon Law still cover my ATV?

A:        Yes. Not all ATVs come with an odometer. If your ATV does not have an odometer, then the lemon law will apply, but only during the first year. For an ATV with an odometer, the lemon law applies during the first year or the first 12,000 miles, whichever comes first.

Q:       How do I know if my ATV is a lemon?

A:        All new ATVs come with warranties from the manufacturer. If you have problems, you should go back to your dealer or another authorized repair shop to have the problem diagnosed and fixed.  If the problem is not corrected after a reasonable number of attempts or days out of service, then your ATV may qualify for Ohio Lemon Law remedies.  You may be able to get a new ATV or your money back.

Q:       How many repair attempts must be made before my ATV is considered a lemon?

A:        Your ATV will be considered a lemon if:

1)         substantially the same problem has been subject to repair three or more times and still exists or recurs;

            2)         the ATV has been out of service for a total of 30 or more calendar days for repairs;

            3)         eight or more attempts have been made to repair any substantial defect or condition that does not comply with the warranty; or

            4)         at least one repair attempt has been made for a safety-related problem and the problem either continues to exist or recurs.

Q:       I think I have a lemon ATV. What should I do?

A:        While it is not required, it may be helpful for you to contact the manufacturer directly if your dealer has been unable to correct the problem within a reasonable amount of time or reasonable number of attempts. Consider asking the manufacturer to replace your ATV or buy it back.  If you’re unable to reach an acceptable agreement with the manufacturer, you may want to ask that your dispute be arbitrated, if arbitration is available.

An ATV manufacturer cannot require you to go through any arbitration process under the Ohio Lemon Law unless the process has been “state-certified.” No ATV manufacturer uses a state-certified arbitration board at this time.  Always check with the Ohio Attorney General’s office for current information.  If the ATV manufacturer (e.g., Arctic Cat, Bombardier, Honda, Kawasaki, Polaris, Suzuki, Yamaha, Yamaha, etc.) has not received state certification for an arbitration board, you may want to seek help from a lawyer. 

Q:       How can I find out more about the Ohio Lemon Law and other consumer-related issues?

A:        For more information, or to file a consumer complaint, write to the Ohio Attorney General, Consumer Protection Office, 30 E. Broad St., 14th floor, Columbus, OH 43215-3428.  Or you can call the toll free helpline at the Consumer Protection Office, 1-800-282-0515.  For online information or to file a complaint, visit: www.ohioattorneygeneral.gov.

This “Law You Can Use” column was provided by the Ohio State Bar Association (OSBA). It was prepared by attorney Ronald L. Burdge of the Burdge Law Office Co, LPA in Dayton. The column offers general information about the law. Seek an attorney’s advice before applying this information to a legal problem. For more information on a variety of legal topics, visit the OSBA’s website at www.ohiobar.org. 

The U.S. Department of Health and Human Services has embarked on an ambitious mandate to require all health care providers receiving federal funds, including Medicare payments, to adopt electronic medical record systems.  This mandate has raised questions for healthcare providers and their patients.

Q:       What is the electronic medical record?

A:        Your electronic medical record (ERM) is the data related to your health care treatment, medications, x-rays, hospitalizations, operations, office visits, prescriptions, insurance payments and all other matters related to the health care delivered by health care providers anywhere in the United States.  This data is stored in a centralized electronic “folder,” and provides you and all your health care providers with information about who treated you, what treatment protocols were used and the results of your treatment, etc.

Q:       How is my EMR created?

A:          Your EMR is composed of one or more electronic files created by computers, electronic devices and software. Your healthcare provider enters your healthcare information and answers questions on a computer screen so the computer software can create and maintain your EMR.  All EMR software is certified to be “interoperable” so it can be read by all the computer systems of all U.S. healthcare providers. 

Q:       What are some advantages of having an EMR?

A:        The EMR allows you and all of your healthcare providers to have access to all of your healthcare information in one place. The goal of this increased availability is to improve diagnoses and patient care, and to provide a more standardized, empirically based treatment plan for your particular health conditions. 

The EMR keeps track of all medications patients take. EMR software can record the effects of prescriptions medications taken with over-the-counter herbal supplements, and can be updated as new drug interactions become known. For these reasons, the EMR should help healthcare providers to avoid prescribing medications that might cause serious complications for their patients.

Also, the EMR includes “follow-up” protocols that should help patients stick to their treatment plans. For example, if a doctor orders an MRI, the EMR system will route the MRI order to support personnel, who will then contact the patient to schedule the MRI.

Q:       What are some challenges associated with EMRs?

A:        Patient privacy and security measures have been built into the EMR software, but because so many people can access your EMR, security is a challenge. 

Accuracy is also a concern. Because the EMR is created, in part, by making selections from drop down menus, etc., some information appearing in the EMR may not have been written by the doctor, but by the software program in response to a checked box or clicked button. This “auto-population” can result in errors, such as the recording of procedures that were never actually done. Removing erroneous data from the EMR can also be difficult. Accuracy of EMR data also affects billing and insurance. The U.S. Department of Health and Human Services is trying to determine whether an increase in charges by health care providers using EMR is the result of fraud or improved accuracy and accountability.

The government is now studying the impact of EMR record accuracy on patient safety. It has been suggested that a new EMR patient safety agency similar to the National Safety Transportation Board that tracks the automobile safety.

Because “interoperability” has not yet been achieved, the various systems may not be able to “talk” to each other. This means that all your information may not be available in a single location to all health care providers.  

Standardization of care is also an issue. The EMR is created, in part, when your doctor chooses from a drop down menu of “best practices” based upon empirical data. The “best practices” are designed to help doctors choose treatment protocols that surveys have shown work best for the largest number of patients, but they also may reduce treatment options for patients who fall outside survey parameters.

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by Donald A. Wochna, chief legal officer for Vestige Digital Investigations. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Q:       What are prepaid debit cards?

A:        Most consumers are familiar with gift cards, which are actually prepaid debit cards. A merchant loads money onto the gift card, and the gift card recipient uses the card to make purchases from that merchant until the card’s balance reaches zero.  A new, general purpose, reloadable prepaid card (called a GPR prepaid card) has some characteristics of a gift card and some characteristics of a debit card that might be issued by a bank and tied to a bank account. As with a gift card, a definite amount of money is loaded on to the GPR card, but GPR cards are intended for long term use, unlike gift cards. Consumers can reuse the GPR card and reload money as needed. Many GPR prepaid cards are branded with major credit and debit card networks and can be used at any location that accepts regular debit or credit cards.

Q:       What are the advantages of using prepaid debit cards?

A:        GPR prepaid cards provide an alternative to traditional banking. These cards provide the same flexibility as traditional bank cards without being tied to a bank account. For people with tarnished credit who may not be able to qualify for a traditional credit card, for those with limited access to banking, or for those who simply prefer not to do business with banks or credit unions, these cards can be a good tool for managing money. Unless the card you choose offers overdraft protection or short term emergency loans, you cannot spend more money than has been loaded on the card.

Q:       What are the disadvantages of using prepaid debit cards?

A:        GPR prepaid cards are not subject to the regulations that apply to traditional credit or debit cards, so fees and card features vary widely. Because card issuers do not earn interest on the cards’ account balances, they make money through fees for use and services. Consumers would be wise to shop and compare features and fee structures before choosing a card. This information may not be easy to find because disclosures are not uniform. Customer service on GPRs also varies, so consumers should read all card disclosures before deciding which card best fits their needs and budget. 

Using a GPR prepaid card will not help you build or improve your credit score because credit bureaus do not track prepaid card activities. Also, because these cards are intended for long-term use, you will be sharing personal identifying information with the card issuer. If you load money onto a GPR from your bank account, you will be sharing account and routing numbers, and if your employer deposits your paycheck directly onto your card, you will also be sharing employment information.

Q:       What happens if my prepaid card is lost or stolen, or the card issuer goes out of business?

A:        Because GPR prepaid cards are not subject to the same federal regulations as credit cards, theft protection varies from card to card. You must read the card terms to find out your rights, and chose a card with theft protection. Many, but not all, prepaid debit cards are covered by FDIC deposit insurance, so make sure the card you choose is covered by FDIC deposit insurance.

Q:       Aren’t some government benefits issued on prepaid debit cards? How are these cards different?

A:        Low income Ohioans receive “Direction” cards for SNAP (Supplemental Nutrition Assistance Program) benefits, “Eppicards” for OWF (Ohio Works First) benefits, and “ReliaCards” for unemployment compensation. All of these are reloadable prepaid cards. Unlike GPR prepaid cards, only the issuing state agency can deposit money onto these “benefit” cards.   Those found eligible for these programs get information about the features and uses of these cards when they begin receiving benefits.

             By March 1, 2013, federal government benefit recipients were required to switch to electronic receipt of their benefits, because the U.S. Treasury has completely phased out paper check payments. All recipients of federal benefits must now get their money electronically. If recipients do not have a bank account for direct deposit, then the U.S. Treasury will issue benefits on a Direct Express prepaid card. Only the U.S. Treasury will be able to deposit money onto the Direct Express card.  The Treasury website, http://godirect.org/, has information explaining the features of Direct Express cards.      

This “Law You Can Use” column was provided by the Ohio State Bar Association (OSBA). It was prepared by Linda Cook, senior staff attorney for the Ohio Poverty Law Center in Columbus. Articles appearing in this column are intended to provide broad, general information about the law. For information about a variety of legal topics, visit the OSBA website at www.ohiobar.org. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.