House Bill 436

New Requirements Regarding Screening and Intervention for Children with Dyslexia
On January 9, 2021, Governor DeWine signed House Bill 436 which establishes new requirements. HB 436 establishes new requirements regarding screening and intervention for children with dyslexia. Below is a summary of highlights from HB 436, which includes mandatory student screening and new professional development requirements for educators with a tiered timeline for implementation, beginning with the 2022-2023 school year. The Ohio Department of Education (ODE), in collaboration with a newly formed committee called the Ohio Dyslexia Committee (to be made up of appointees of the State Superintendent of Public Instruction, International Dyslexia Association in Ohio, Chancellor of Higher Education, and the State Speech and Hearing Professionals Board), will maintain a list of approved courses that fulfill the new professional development requirements. Each approved course will align with a guidebook to be developed by the Ohio Dyslexia Committee, be evidence-based, and require instruction and training for identifying characteristics of dyslexia and understanding the pedagogy for instructing students with dyslexia.
Teacher Training and Certification Requirements
  • Beginning in the 2022-2023 school year, school districts must establish a multi-sensory structured literacy certification process for teachers providing instruction to students enrolled in grades K-3 that aligns with the guidebook developed by the Ohio Dyslexia Committee.
  • Educators must obtain professional development in dyslexia instruction (between 6 and 18 clock hours), staggered depending on the grades of students for which the teacher provides instruction:
    • Beginning of 2023-2024 school year-Kindergarten & 1st grade teachers, including special education teachers
    • Beginning of 2024-2025 school year-2nd & 3rd grade teachers, including special education teachers
    • Beginning of 2025-2026 school year-Special education teachers in 4th through 12th grades
  • Any professional development course completed by a teacher prior to the effective date that is then included on the list of approved courses will count toward the number of instructional hours in approved professional development courses.
Student Screening Requirements
  • School districts shall do the following:
    • Beginning in the 2022-2023 school year, screen all students for dyslexia who are either enrolled in grades K-3, or who are enrolled in grades 4-6 and whose parent or classroom teacher requests a screening. Each school district shall also screen all students for dyslexia who are enrolled in grades K-6 and transfer into the district or school midyear.
    • Beginning in the 2023-2024 school year, screen all students for dyslexia who are either enrolled in Kindergarten, or who are enrolled in grades 1-6 and whose parent or classroom teacher requests a screening.
    • Identify each student that is at risk of dyslexia based on the student’s results on the tier one screening measure and notify the student’s parent that the student has been identified as being at risk.
    • Monitor the progress of each at-risk student toward attaining grade-level reading and writing skills for up to six weeks. If no progress is observed during the monitoring period, the district or school shall notify the parent of the student and administer a tier two dyslexia screening measure to the student. Tier two screening results must be provided to the student’s parent. If the student is identified as having dyslexia tendencies, the student’s parent must be provided with information about reading development, risk factors for dyslexia, and descriptions for evidence-based interventions. If a student demonstrates markers for dyslexia, the student’s parent must be provided with a written explanation of the district or school’s multi-sensory structured literacy program.
  • School districts shall also do the following:
    • Comply with the guidebook regarding best practices and methods for universal screening, intervention, and remediation using a multi-sensory structured literacy program, to be developed not later than December 31, 2021 by the Ohio Dyslexia Committee;
    • Select screening and intervention measures to administer to students from measures identified by ODE, in collaboration with the Ohio Dyslexia Committee;
    • Establish a multidisciplinary team to administer screening and intervention measures and analyze the results of the measures. The team shall include trained and certified personnel and a stakeholder with expertise in the identification, intervention, and remediation of dyslexia; and
    • Report the results of screening measures to ODE.
This communication is intended as general information and should not be relied upon as legal advice. If legal advice is required, please contact any of our attorneys at (614) 222-8686, or via email.

H.B. 404 Enacted by the General Assembly

Last week, the Ohio General Assembly enacted H.B. 404. The bill extends and expands several temporary laws enacted in response to the COVID-19 pandemic. Many of the new law’s provisions impact schools and their operations. The bill contains an emergency clause and will become effective immediately when signed by the Governor.

Extension of Authority for Remote Board Meetings

The new law extends the temporary law permitting political subdivisions, including boards of education, to continue to conduct meetings and hearings by teleconference, video conference, or other similar electronic technology through July 1, 2021. The previous law was set to expire December 1, 2020.

Relief from Penalties for Failure to Administer Assessments to Certain Individual Students

The new law provides school districts may not be penalized for failing to administer in the fall of 2020 an otherwise required Kindergarten Readiness Assessment, diagnostic assessment, or third-grade English Language Arts achievement assessment to a particular student, if:

  • The student is being quarantined;
  • The student, or a member of the student’s family, is medically compromised, and the student cannot attend school, or another physical location outside of the home, for the testing;
  • The student resides in a geographic area subject to an order issued by the Governor, the Department of Health, or the board of health of a city or general health district requiring all persons in that area to remain in their residences; or
  • The student is receiving instruction primarily through a remote learning model up through the deadline for the prescribed assessments, and the assessment cannot be administered remotely.

Kindergarten and First Grade Health Screenings

The new law provides school districts may not be penalized for failing to conduct an otherwise required health screening for a particular student in kindergarten or first grade prior to November 1, 2020, if:

  • The student was being quarantined;
  • The student, or a member of the student’s family, was medically compromised, and the student could not attend school, or another physical location outside of the home, for the screening;
  • The student resided in an area subject to a stay-at-home order from the Governor, Department of Health, or local board of health; or
  • The student was receiving instruction primarily through a remote learning model, and the screening could not be administered remotely.

The law requires boards to conduct these screenings for the 2020-2021 school year; however, the district may forego screenings until they can be conducted safely.

Optional Transportation and Funding for Community Schools

The new law permits a community school to accept responsibility to provide or arrange for transportation of its students for the 2020-2021 school year by December 31, 2020 (rather than January 1 of the preceding school year as otherwise required under continuing law). If a community school accepts responsibility to provide or arrange for transportation, it must receive state transportation funding for the entire school year.

Educator Evaluations

The new law extends and expands several changes to educator evaluations. H.B. 404:

  • Specifies for the 2020-2021 school year a board of education may elect not to complete a performance evaluation of a district employee, including a teacher, school counselor, administrator, or superintendent if the board determines it is impossible or impracticable to do so.
  • Extends to the 2021-2022 school year a prohibition against using value-added data, other high-quality student data, any other metric used to evaluate positive student outcomes, or any other academic growth data to measure student learning attributable to a teacher, principal, or school counselor while conducting performance evaluations.
  • Extends to the 2020-2021 school year a separate authorization for a board to complete a principal’s performance evaluation without a student growth measure.
  • Extends the authority for a school district that did not participate in the OTES 2.0 pilot program to continue evaluating teachers on two-year or three-year evaluation cycles, even if the district completes an evaluation for those teachers in the 2020-2021 school year without using a student growth measure.
  • Specifies a teacher who did not have a student growth measure as part of an evaluation for the 2019-2020 or 2020-2021 school year must remain at the same point in the teacher’s evaluation cycle, and retain the same evaluation rating, for the 2020-2021 and 2021-2022 school year as for the 2019-2020 school year.

College Credit Plus Extension, Waiver & Modification Authority

The new law extends the authority for the Chancellor of Higher Education to extend, waive, or modify requirements of the College Credit Plus Program for the 2020-2021 and 2021-2022 school years. Under H.B. 197, this authority was granted for the 2019-2020 school year only.

Extension of Food Processing Exemption for Certain Summer Food Programs

The new law extends from December 1, 2020, to July 1, 2021, the termination date of provisions authorizing the Director of Agriculture to exempt certain schools or entities from regulation as food processing establishments.

Additional Extension of HB 197 Deadlines

The Act extends from December 1, 2020, until July 1, 2021, certain deadlines initially extended by H.B. 197, enacted this past spring. The new law:

  • Extends, from December 1, 2020, until July 1, 2021, the temporary extension of deadlines under H.B. 197 of the 133rd General Assembly, which a state agency must meet if the deadlines occur on or before April 1, 2021.
  • Extends, from December 1, 2020, until July 1, 2021, the deadline for any action needed to maintain a valid license, if that deadline originally was set to expire between March 9, 2020 and April 1, 2021.
  • Extends, from December 1, 2020, until July 1, 2021, the deadline for renewing a license, if that license originally was set to expire between March 9, 2020 and April 1, 2021.

As a reminder, issues related to COVID-19 are fluid and subject to rapid change. Please note this new law supplements and supersedes prior updates. Additional information about Coronavirus and the State’s response can be found here.

This communication is intended as general information and should not be relied upon as legal advice. If legal advice is required, please contact any of our attorneys.

HB 197 Enacted by the General Assembly

On March 25, the Ohio General Assembly passed Am. Sub. H. B. 197, a wide-ranging bill to address the COVID-19 pandemic. The bill will become effective immediately upon the signature of Governor DeWine and he stated he will sign the bill tomorrow, March 27, 2020. Many of the new law’s provisions impact schools and how they operate during the pandemic emergency.

Schools May Adopt or Amend Plans to Make up Lost Hours

Current law permits school districts to adopt plans each year to make up hours in that school year during which it is necessary to close. Districts can make up the equivalent of three school days by providing online lessons or “blizzard bags.” HB 197 provides districts the option to adopt or amend a plan to make up any number of hours for the 2019-2020 school year during which schools were closed in compliance with the Director of Health’s order, local board of health order, or an extension of an order.

Board Meetings May Be Held by Teleconference and Video Conference

During the emergency, public bodies, including boards of education, may conduct meetings and hearings by teleconference, video conference, or other similar electronic technology. Board members who attend in this manner are considered present as if in person at the meeting, may vote, and are counted for purposes of determining quorum. The law provides that any resolution, rule or formal action of any kind shall have the same effect as if it had occurred in an open meeting or hearing of the public body. Public bodies must provide 24 hours’ notice of a meeting by reasonable methods to the public and to media that have requested notification.  The notice must include the time, location, and the manner by which the meeting will be conducted. Public bodies must provide public access to a meeting by live streaming on the internet, local radio, television, call in information for a teleconference, or any other similar electronic technology.

No Statewide Assessments or Report Card Grades or Rankings for 2019-2020

Districts do not have to administer any statewide assessments this school year. ODE will not assign grades on report cards or rankings, but will still publish data regarding school performance.

Superintendent of Public Instruction Authority to Waive or Extend Deadlines

The new law provides authority to the Superintendent of Public Instruction to waive or extend various deadlines, including deadlines related to the following: school personnel evaluations, nonrenewal deadlines, school safety drills, emergency management tests, filling board vacancies, updating teacher evaluation policies to conform to the OTES 2.0 framework, and identification and screening of gifted students.

Teacher Evaluations

The new law prohibits the use of value-added progress dimension data from the 2019-2020 school year to measure student learning attributable to the teacher being evaluated. Under the new law, districts may elect not to conduct an evaluation of an employee of the district for 2019-2020, if the district board determines that it would be impossible or impracticable to do so.

High School Seniors Can Still Graduate

Boards may grant diplomas to high school seniors who were on track to graduate or complete their IEP prior to school closure. The school principal, in consultation with the student’s teachers and counselors, reviews the student’s progress toward meeting the requirements for a diploma and determines whether the student had successfully completed the curriculum in the student’s high school or the student’s IEP at the time of the closure.

Providers Can Offer Telehealth to Students

Intervention specialists, and individuals licensed by the Ohio Speech and Hearing Professionals Board, Ohio Occupational Therapy, Physical Therapy, and Athletic Trainers Board, the State Board of Psychology, and the Counselor, Social Worker, and Marriage and Family Therapist Board are specifically authorized to provide services via electronic delivery method or telehealth communication to students who had received these services through their school districts prior to the Director of Health’s order.

Absentee Voting Is Extended Until April 28

Absentee voting for the March 17, 2020 election has been extended until April 28, 2020. Individuals must have registered to vote by February 18, 2020 to be eligible to vote in the election.

EdChoice

The Department of Education will only award first-time performance-based EdChoice Scholarships for the 2020-2021 school year to a student: (a) whose sibling received a performance-based scholarship in the 2019-2020 school year, (b) who is enrolled in, or would be enrolled in, a school building that satisfied the conditions for eligibility for performance-based scholarships in the 2019-2020 school year, and (c) who was enrolled in a public or nonpublic school in any of grades K-12 or was homeschooled for the equivalent of those grades for the 2019-2020 school year, or will be enrolled in kindergarten in a public or nonpublic school or will begin homeschooling for the equivalent of kindergarten in the 2020-2021 school year.  The Department of Education will begin processing EdChoice applications for the 2021-2022 school year on February 1, 2021.

As a reminder, issues related to COVID-19 are fluid and subject to rapid change. Please note that this new law supplements and supersedes prior updates. Additional information about Coronavirus and the State’s response can be found here.

This communication is intended as general information and should not be relied upon as legal advice. If legal advice is required, please contact any of our attorneys on our cell phone, at (614) 222-8686, or via email.

Additional Guidance from the U.S. Department of Education

FERPA and Virtual Learning Related Resources

The Student Privacy Policy Office has provided links to resources that address distance learning and the Family Educational Rights and Privacy Act (FERPA). That listing of resources can be found here.

Supplemental Fact Sheet Addressing the Risk of COVID-19 in Preschool, Elementary and Secondary Schools While Serving Children with Disabilities 

On March 21, 2020, the Office for Civil Rights (OCR) and Office for Special Education and Rehabilitative Services (OSERS) published a supplemental fact sheet to previous guidance given.

OCR and OSERS addressed a concern that some in the educational community had raised that because it would be so difficult to serve children with disabilities under the law, they should consider not providing any educational services to any students. They wrote, “To be clear: ensuring compliance with the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act (Section 504), and Title II of the Americans with Disabilities Act should not prevent any school from offering educational programs through distance instruction.”

OCR and OSERS reiterated that school districts must provide a free appropriate public education consistent with the need to protect the health and safety of students with disabilities and those providing the education. They recognized that schools may not be able to provide all services identified in an IEP as they typically would and that some services, such as physical therapy, occupational therapy or tactile sign language, would be difficult to provide online. But they also reminded school districts that federal disability law allows flexibility when determining how to meet the needs of the individual student.

Importantly, OCR and OSERS also provided guidance on IDEA timelines. For the first time, OCR and OSERS addressed changes to a student’s IEP, and wrote, “Most importantly, in making changes to a child’s IEP after the annual IEP Team meeting, because of the COVID-19 pandemic, the parent of a child with a disability and the public agency may agree to not convene an IEP Team meeting for the purposes of making those changes, and instead develop a written document to amend or modify the child’s current IEP. 34 C.F.R. §300.324(a)(4)(i).”

The supplemental fact sheet may be found here.

Previous Guidance can be found at Fact Sheet: Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students (March 16, 2020); OCR Short Webinar on Online Education and Website Accessibility Webinar (Length: 00:07:08) (March 16, 2020); Questions and Answers on Providing Services to Children with Disabilities During the COVID-19 Outbreak (March 12, 2020); Fact Sheet: Impact of COVID-19 on Assessments and Accountability under the Elementary and Secondary Education Act (March 12, 2020); and Letter to Education Leaders on Preventing and Addressing potential discrimination associated with COVID-19.

As a reminder, issues related to COVID-19 are fluid and subject to rapid change. Additional information about Coronavirus and the State’s response can be found here.

This communication is intended as general information and should not be relied upon as legal advice. If legal advice is required, please contact any of our attorneys on our cell phone, at (614) 222-8686, or via email.

Ohio’s Stay at Home Order

This afternoon, a Stay at Home Order (“Order”) was issued by Dr. Amy Acton, Director of the Ohio Department of Health, mandating residents stay at home and non-essential businesses close except as otherwise provided in the Order.  The Order will take effect at 11:59 p.m. EDT on Monday, March 23, 2020 and remain in effect until 11:59 p.m. EDT on April 6, 2020 unless it is rescinded or modified prior to its expiration.

Educational institutions (including public and private pre-K-12 schools, colleges, and universities) are defined as exempt essential businesses. The prior order regarding closure of schools remains in effect. Below, we highlight relevant portions of the Order.

Leaving Home for Essential Activities is Permitted

Employees are authorized to leave their residences to perform essential activities, including performing work for a school.  Under the Order, each school district should determine its essential functions and identify employees and/or contractors necessary to perform these functions. Employers are to allow as many employees as possible to work from home.

Individuals are permitted to travel to schools to receive materials for distance learning, to receive meals, and for other similar services.

Providing Food Services is Still Permitted

Schools may continue providing meals to those in need, so long as the food is provided on a pick-up and takeaway basis only. Districts may not permit food to be eaten at the pick-up site or any other gathering site.

Minimum Basic Operations are Permitted to Maintain School Districts

The Order permits employees to perform activities necessary to maintain the condition of the school district (e.g., processing payroll and other employee benefits, paying bills, indoor and outdoor maintenance) and to facilitate the district’s remote work (e.g., administrative and/or technology functions that can only be performed on site) so long as they follow social distancing requirements.

Playground Closure

The Order mandates the closure of children’s play centers and playgrounds.  Districts whose playgrounds are used by the public should post signage advising the public of this closure.

Social Distancing Requirements

When your district engages in the activities described above, it must adhere to social distancing requirements. This includes: (1) designating six-foot distances with signage, tape, or by other means for customers and employees to maintain appropriate distance; (2) having hand sanitizer and sanitizing products readily available for employees and customers; (3) implementing separate operating hours for elderly and vulnerable customers; and (4) posting hours online and indicating how best to contact the district.

As a reminder, issues related to COVID-19 are fluid and subject to rapid change. Additional information about Coronavirus and the State’s response can be found here.

This communication is intended as general information and should not be relied upon as legal advice. If advice is required, please contact any of our attorneys on our cell phones, at (614) 222-8686, or via email.

Ohio Department of Education Guidance on Students with Disabilities and the School Closure

This afternoon, the Ohio Department of Education posted Considerations for Students with Disabilities During Ohio’s Ordered School-Building Closure. That document can be accessed here.

As a reminder, issues related to COVID-19 are fluid and subject to rapid change. Additional information about Coronavirus and the State’s response can be found here.

This communication is intended as general information and should not be relied upon as legal advice. If advice is required, please contact any of our attorneys on our cell phones, at (614) 222-8686, or via email.

Office for Civil Rights Guidance on COVID-19

Office for Civil Rights Fact Sheet

On March 16, 2020, the Office for Civil Rights (OCR), U.S. Department of Education posted “Fact Sheet: Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students.” In this fact sheet, OCR reminds school districts to address reports of bullying and harassment and not to discriminate on the basis of race, color, or national origin when serving students. OCR also provides guidance on serving students with disabilities. Similar to previous guidance from the U.S. Department of Education, OCR provides that if school is open and serving other students, the school must ensure that the student with disabilities continues to receive a free appropriate public education, consistent with protecting the health and safety of the student and staff. OCR suggests that IEP and 504 teams determine if some, or all, of the student’s identified services can be provided through alternate or additional methods. Accessible technology should also be considered.

OCR states that if a disabled student does not receive services after an extended period of time, the student’s IEP or 504 team will need to make individualized determinations about whether compensatory services will be needed and to what extent, including to make up for any skills that may have been lost.

OCR also provides guidance about IEP and 504 meetings, 504 evaluations and ETRs. OCR provides that IEP and 504 teams do not need to meet in person while schools are closed. If a student’s evaluation requires a face-to-face assessment or observation, the evaluation would need to be delayed until school reopens. Evaluations and re-evaluations that do not require face-to-face assessments or observations may take place while schools are closed, provided the student’s parent or legal guardian consents.

Office for Civil Rights Webinar

On March 16, 2020, OCR also posted a short webinar on online education and physical accessibility. This webinar reminds schools that accessible technology should be provided to disabled students.

The Fact Sheet and Webinar can be accessed at USDOE COVID-19 Information and Resources.

As a reminder, issues related to COVID-19 are fluid and subject to rapid change. Additional information about Coronavirus and the State’s response can be found here.

This communication is intended as general information and should not be relied upon as legal advice. If advice is required, please contact any of our attorneys on our cell phones, at (614) 222-8686, or via email.

Open Meetings, OHSAA and Coronavirus

Open Meetings 

On March 13, 2020, Ohio Attorney General David Yost issued a letter to local officials regarding Ohio’s Open Meetings Act (OMA), R.C. 121.22, during the COVID-19 emergency. During this emergency, Attorney General Yost stated public bodies, including boards of education, temporarily may use electronic means to comply with the law. Relying on the Ohio Department of Health’s order prohibiting mass gatherings, Attorney General Yost concluded “it is reasonable to read the OMA’s ‘in person’ requirement as permitting a member of a public body to appear at a public meeting via teleconference.”

Attorney General Yost cautions if one or more members of a public body choose to appear at a meeting remotely, all other OMA obligations must be fulfilled. This includes having a quorum present. Yost also advises if a member participating by telephone is cut off, the body should “cease all discussions and deliberations until the member can be reconnected.” As a practical matter, we suggest any board of education considering electronic meetings in whole or part should designate an employee to monitor remote participation for any interruptions.

In his letter, Attorney General Yost also reaffirmed boards of education and other public bodies may make meetings open to the public by live-streaming through the internet or on television. Here, Yost cautioned any public body doing this must ensure the public can “hear the discussions and deliberations of all of the members, even those who are present by telephonic means.” (Emphasis in original.) Yost further notes all other OMA requirements, such as those concerning public notice, executive session and the taking of minutes, continue to apply.

OHSAA 

The Ohio High School Athletic Association has published “OHSAA Spring Sports Q’s and A’s (Practices, Contests, Tournaments)” concerning interscholastic athletics during the COVID-19 emergency. You can access the document here.

OHSAA has directed a no-contact period, which is in effect for spring sports beginning on March 17, 2020 and continuing through at least April 5, 2020. During this time, no OHSAA member schools may conduct practices or participate in scrimmages or contests. Practices tentatively are scheduled to resume on April 6, and scrimmages and/or contests on April 11. School facilities “SHALL NOT” be used for athletic activities, and school coaches may not provide individual skill/coaching instruction to student-athletes. Schools are “HIGHLY ENCOURAGED TO CANCEL” out-of-state spring break trips, and OHSAA cautions practices and/or contests for spring sports led by parents, coaches and/or students are “HIGHLY DISCOURAGED” at this time. Finally, during the no-contact period, student-athletes may not participate with a non-school club or travel team if they already have participated in an interscholastic scrimmage or contest.

As a reminder, issues related to COVID-19 are fluid and subject to rapid change. Additional information about Coronavirus and the State’s response can be found here.

This communication is intended as general information and should not be relied upon as legal advice. If legal advice is required, please contact any of our attorneys on our cell phone, at (614) 222-8686, or via email.

Ohio Department of Education publishes Coronavirus FAQ

This afternoon, the Ohio Department of Education posted Coronavirus (COVID-19) Frequently Asked Questions (FAQ) for Ohio’s Schools and Districts. That FAQ can be accessed here.

As a reminder, issues related to COVID-19 are fluid and subject to rapid change. Additional information about Coronavirus and the State’s response can be found here.

This communication is intended as general information and should not be relied upon as legal advice. If advice is required, please contact any of our attorneys on our cell phones, at (614) 222-8686, or via email.

Coronavirus, Student Privacy and Serving Students with Disabilities

FERPA & Coronavirus

Earlier this week the U.S. Department of Education’s Student Privacy Policy Office issued an FAQ regarding FERPA and COVID-19.  The Guidance reminds school districts that educators cannot release a student’s education records or personally identifiable information contained within those records without the signed and dated consent of the student’s parent (or the student, if the student is 18), unless an exception applies.  The FAQ describes the “health and safety exception” that permits a school district to disclose to a public health agency personally identifiable information from education records, without prior consent, in connection with an emergency if the public health agency’s knowledge of the information is necessary to protect the health or safety of students or other individuals.

FERPA & Coronavirus Disease 2019 FAQ

Implementing IDEA and Section 504 During COVID-19 Outbreak 

The U.S. Department of Education issued a new Q & A document on providing services to children with disabilities during the outbreak.  The guidance advises that if a school district closes and does not provide any educational services to the general student population, it would not be required to provide services to students with disabilities during that period of time.  The Department makes clear that once school resumes, IEP teams and 504 teams will need to make individualized determinations as to whether compensatory services are needed.  For school districts providing educational opportunities during a closure, the Department expects schools will ensure that students with disabilities will have equal access to the same opportunities.  This includes providing regular and special education and related aids and services to meet the individual educational needs of disabled students as adequately as the needs of nondisabled students are met when educational opportunities are provided.

Q & A on Providing Services to Children with Disabilities During the Coronavirus Disease 2019 Outbreak

This Legal Update is intended as general information and should not be relied upon as legal advice. If advice is required, please contact us at (614) 222-8686 or via email.