Dealing with Difficult Patrons and Parents
Steve Williams Harding & Shultz, P.C., L.L.O. (402) 434-3000 434 3000 swilliams@hslegalfirm.com
What are We Talking About? • Endless e-mails to teachers, staff or administrators • Repeated phone calls • Unannounced personal visits • Complaints about personnel at board meetings
What are We Talking About? • “Frivolous” or repeated public record requests • File numerous or redundant complaints
What is the Problem? • Harassing, H i degrading, d di threatening, th t i plain inappropriate pp p and or jjust p upsetting • Disrupts Di t educational d ti l process • Monopolizes HUGE amounts of time and resources
What is the Problem? • Duty D t tto maintain i t i a safe f and d secure school • Liability concerns • Harassment-free environment • NSAA “good good sportsmanship” sportsmanship
When is Enough g Enough? g • When it interferes with your staff staff’ss ability to carry out their duties • Brooks B k v. Elder, Eld 108 N Neb. b 761 (1922) – “[T]he legislature . . . Has the power to bestow upon school authorities unlimited control and discretion in the use of school property, t within ithi constitutional tit ti l limits.” li it ”
• State statutes ggive broad authorityy
What Can You Do? • Least Restrictive to More Restrictive – Explain the problem – Prioritize requests – Limit amount of communication – “Communication “C i i Di Diet””
Communication Diet • Letter L tt iindicating: di ti – ALL written, verbal, or electronic communication through one person – School S h l will ill respond d one time ti per week – Visit school only upon request or by appointment
Communication Diet • Letter L tt iindicating: di ti –Limit Limit communication to daily/weekly notebook exchange OR –ALL ALL written, itt verbal, b l or electronic l t i communication through one person –Visit school only upon request or by appointment
Communication Diet • Letter L tt iindicating: di ti –All All school visits require advance contact and written permission –Follow F ll law l and d all ll school h l rules l or escorted out by school officials or law enforcement –Notify Notify school officials upon arrival
Communication Diet • Letter L tt iindicating: di ti –Follow Follow law and all school rules or escorted out by school officials or law enforcement –Personal escort while on school premises
• Copy to law enforcement
School Grounds Ban • No N constitutional tit ti l right i ht to t access – Pierce v. Societyy off Sisters – Meyer v. Nebraska
• No right to: monitor on playground, playground volunteer as playground monitor, attend tt d b book k ffair i att school, h l sit it iin child’s hild’ class • Mejia v. Holt Public Schools
School Grounds Ban •L Lastt resortt - generally ll reserved d for f dangerous or threatening conduct – Requirements • Notice of trespass (Issuer, wording, service) • Direct to Leave • Call law enforcement
– Exceptions - Be careful with special education
• Copy of letter and telephone call to law enforcement
Restrainingg Orders •E Entered t d iin ffavor off iindividuals, di id l nott school districts, that have been “harassed” – “aa knowing and willful course of conduct directed at a specific person which seriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose. purpose.”
Restrainingg Orders • Enjoins j i respondent d t from: f ( ) imposing (a) p g any y restraint upon p the p person or liberty of the petitioner (b) harassing, threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the petitioner, or (c) telephoning, contacting, or otherwise communicating with the petitioner.
School Board Meetings g •C Content t tb based d restrictions t i ti generally ll not allowed – Criticism of school officials – Selection of subject – Selection of speakers
School Board Meetings • Allowable restrictions – Time limits – Repetitious or irrelevant comments? – Disruptive conduct • reasonably perceive to be or imminently threatens to cause a disruption of the orderly and fair progress of the meeting
• Lewd,, obscene,, profane, p , “fighting g g words”
School Board Meetings g • Section S ti 79 79-570 570 – “Disorderlyy manner” – Continues after notice by president – Order withdrawal – “Order any person or persons to take such h person iinto t custody t d until til the th meeting is adjourned.”
School Board Meetings g • Recommendations R d ti – Allow open p and frank p public comment if it concerns an area under the control of the school board – Adopt a policy containing time, place, and manner restrictions and enforce it – Remind the speaker of the policy limitations before he begins to speak speak.
School Board Meetings • Recommendations – Employee criticism - offer an alternative forum or procedure. If not, board members listen but do not respond. No “give-and-take” give and take session. – Be calm and cordial. – Obscene, Ob profane, f h hostile, til or disruptive di ti comments – Bd. Pres. interrupt and caution ti the th speaker. k
School Board Meetings • Recommendations – § 79-590 – AG says closed session allowed for complaint if (a) employee had reasonable notice and (b) open session not requested. – If all ll else l fails, f il recess the th meeting. ti
Public Record Requests • Require requests be written identify specific information requested • Charge fee that does not “exceed exceed the actual cost of making the copies available ” available.” – Paper, toner, etc. and staff time of public employees involved in locating records, makingg copies p and returning g them to proper files.
Public Record Requests • 4 day rule – Earliest “practicable date” to fill – Estimate cost of copies – Opportunity to modify or prioritize request • Require deposit if cost of providing records exceeds $50 $ 0
Final Reminders • Keep K records d – Parent’s behavior – School’s responses
• Consult school’s attorney BEFORE taking any “drastic” action
Dealing with Difficult Patrons and Parents
Steve Williams Harding & Shultz, Shultz P.C., P C L.L.O. LLO (402) 434-3000 swilliams@hslegalfirm.com