BASA AdminiScope, May 2020

Reducing Transportation Services HB 166 contained a new provision that prohibits school districts from reducing pupil transportation services af - ter the school year begins. However, there are currently so many unknowns about what school will look like for the next year, including how best to transport students with social distancing in mind. Also, districts may need to make changes during the year should conditions change (such as additional budget reductions) or if new practices and expectations become known. The new HB 166 restriction for transportation changes may prevent districts from having the flexibility needed to best serve students. The fix: Permit districts the ability to make changes to pupil transportation services during the school year be - ginning with the 2020-2021 school year. There are other legislative issues that we are addressing that aren’t COVID-19 related, but are time-sensitive issues that need our attention. These include: • Extension of the storm shelter moratorium; • Sunsetting of the Territory Transfer law that was placed in the budget bill; • Addressing districts experiencing revenue losses due to power plant devaluations; • Giving districts standing in issues of gas line valuation challenges. With legislators returning to Columbus earlier this month, committee meetings have begun again, as has the pace of legislation that was on the back burner being brought to the forefront again. We will continue to advo- cate for our members on legislation that impacts you during this pandemic and beyond. On April 23, 2020, the Sixth Circuit Court of Appeals held, in a 2-1 decision, that the U.S. Constitution affords students “a fundamental right to a basic minimum education,” which includes a “foundational level of literacy.” In Gary B., et al. v. Whitmer, et al. , Plaintiffs, who were students from the Detroit Public Schools, pursued a claim under the Fourteenth Amendment. The students, who attended poor-performing schools, alleged that the conditions of their schools deprived them of a basic minimum education and access to literacy. The conditions included unqualified and regularly absent teachers, rodent-infested facilities, and inadequate textbooks. The students sought injunctive relief to improve the quality of the schools’ conditions. The Sixth Circuit acknowledged that the U.S. Supreme Court has not recognized education as a fundamental right, despite finding that such right is inherent in the U.S. Constitution. Indicating that the right to an education is “narrow in scope,” the Court suggested that a “basic mini - mum education” is one that “provide[s] access to skills that are essential for the basic exercise of other fundamental rights and liberties, most im- portantly participation in our political system.” While the Court declined to determine what specifically constitutes a “basic minimum education” and whether the students in the case had received what is required, the Court concluded that the right to a basic minimum education would re- quire Michigan to provide students with “sufficient” teaching, facilities, and educational materials that would allow them to “plausibly attain literacy.” Further appeal to the U.S. Supreme Court is expected. In the interim, Gary B. is currently binding and is likely to have many implications for school districts across Michigan, Ohio, Kentucky and Tennessee. The Sixth Circuit Holds Students Have a Federal Constitutional Right to a Basic Minimum Education By Nicole Donovsky, Esq. and Brandi Pikes, Esq.

Return to Workplace Considerations

Building Confidence. Together. These are unprecedented times — our communities, families, employees and organizations as a whole have all been impacted by the COVID-19 pandemic. Although Ohio school buildings are closed for the remainder of the 2019-2020 school year to support the state’s efforts in slowing the spread of COVID-19, there are many decisions to be made before reopening facilities and office buildings following a pandemic. As local, state, and federal authorities evaluate and begin to loosen shelter-in-place orders and other restrictions, your risk management, human resources, and operations teams should work together to develop an action plan that addresses potential challenges to protect your people, property and organization. COVID-19 RECOVERY: A Five-Step Process for Returning to the Workplace Step 1: ELIGIBILITY TO REOPEN • Gallagher forecast: Real-time COVID-19 geographic case monitoring and tracking • Federal/local government • Case data • Gallagher Peak Infection Analysis Step 2: EMPLOYEES: IMPLEMENTATION POLICIES AND PROCEDURES BY ROLE AND FUNCTION • Infection prevention measures • Social distancing and hygiene • Personal protective equipment • Proactive claims management • Employee assistance programs • Compensation and benefits modifications • HR policy considerations Step 3: FACILITIES AND EQUIPMENT: SANITIZATION, LIFE SAFETY, BUILDING SYSTEM AND SOCIAL DISTANCING • Cleaning and decontamination • Industrial hygiene and engineering • Protection and response Step 4: OPERATIONS SUPPLY CHAIN AND THIRD PARTY • Product, services and partners • Distribution/transportation/deliveries • Business continuity planning Step 5: CUSTOMERS, CLIENTS AND PUBLIC • Contact points • Communications consulting • Waivers and notices • Claims reporting support ADDITONAL RESOURCES: • Given the fast changing nature of the response to the COVID-19 pandemic, we acknowledge that facts will change and invite you to visit www.ajg.com/pandemic where we maintain up-to-date information.

Page 10

Page 11