ESU 4 Admin Pros 2014

ESU 4 Administrative Professional Day 2014 Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase

The Plan for Today

The Plan for Today  Confidentiality  Release of Children/Divorced Parents  Stump the Idiot  Legislative Update  How the law took over education (maybe)

Confidentiality

FERPA  Family Education Rights and Privacy Act (sometimes called “The Buckley Amendment”)  Response to perception of • Secrecy of files from students and parents • Disclosure of information to third parties

What does FERPA do?

Staff may not disclose personally identifiable information about students, nor permit inspection of their records by third parties, without the prior written consent, unless such inspection is permitted by the exceptions in FERPA.

What does FERPA do?

Staff may not disclose personally identifiable information about students, nor permit inspection of their records by third parties, without the prior written consent, unless such inspection is permitted by the exceptions in FERPA.

What does FERPA do?

Staff may not disclose personally identifiable information about students, nor permit inspection of their records by third parties, without the prior written consent, unless such inspection is permitted by the exceptions in FERPA.

What does FERPA do?

Staff may not disclose personally identifiable information about students, nor permit inspection of their records by third parties, without the prior written consent, unless such inspection is permitted by the exceptions in FERPA.

What does FERPA do?

Staff may not disclose personally identifiable information about students, nor permit inspection of their records by third parties, without the prior written consent, unless such inspection is permitted by the exceptions in FERPA.

What does FERPA do?

Staff may not disclose personally identifiable information about students, nor permit inspection of their records by third parties, without the prior written consent, unless such inspection is permitted by the exceptions in FERPA.

What does FERPA do?

Staff may not disclose personally identifiable information about students, nor permit inspection of their records by third parties, without the prior written consent, unless such inspection is permitted by the exceptions in FERPA.

L.S. v. Mount Olive Bd. Of Ed. (D.N.J. 2011)

 Catcher in the Rye Assignment  Parent sued • School • Principal • Teacher • School psych.  Court: teacher and psych personally liable – other school defendants dismissed

Letter to Wolf (FPCO 2011)

   

Principal and teacher at volleyball game Parent sued school Parent also filed complaint with FPCO FPCO • “discussion should not have occurred in this public location and [staff] exercised poor judgment in breaching confidence” • Related lawsuit settled

Letter to Anonymous (FPCO 2013)

 Teacher’s practice was to e-mail each student who failed a test with a “remediation form”  Accidentally sent e-mail to entire group  Asked FPCO for guidance  FPCO • Violation of FERPA • Contacted school • Launched an investigation

MP v. Indep. Sch. Dist. 721 (8th Cir. 2006)

 Student had schizophrenia • Parents and school fighting over services • Para disclosed his diagnosis to students • Student then bullied and harassed  8th Circuit: school could be sued directly without administrative exhaustion

E.B. v. Verniero (3d Cir. 1996)

 Plaintiff appeared on sex offender registry  Statute made SO confidential prior to school action  Principal told secretary, secretary blabbed  Claim for damages allowed to proceed

Pick up of Children  Pauley v. Anchorage Sch. Dist., 31 P.3d 1284 (Ala. 2001)  Ramirez v. Escondido Union Sch. Dist. (Cal. 2013)

Our Recommendations  Don’t make promises you won’t keep  Do everything you’ve promised to do  Review policies, handbook, etc. with your principal

Stump the Idiot

Questions!  Treasurer’s Bond: • 79-586: “bond or evidence of equivalent insurance coverage of not less than five hundred dollars in any instance and not more than double the amount of money, as nearly as can be ascertained, to come into his or her hands as treasurer at any one time.”

Questions!  Treasurer’s Bond: • 79-586 • 79-589: The treasurer shall give a bond or evidence of equivalent insurance coverage payable to the school district in such sum as may be fixed by the board

Questions!  Treasurer’s Bond: • 79-586 • 79-589 • Best advice: board selects amount between $500 and double amount of funds treasurer handles

Questions!  Motion to come out of closed session • Our best advice: yes, but that is the only motion in closed session

Questions!  Free Lunch for paras and teachers • Yes, but ‒ (1) include it in any employment contract or policy (potential state auditor issues) ‒ (2) it may (or may not) have to be reported as income to the employee. You can exclude the value of meals furnished to an employee from the employee's wages if the meals are (a) furnished on their business premises and (2) furnished for the employer's convenience.

Questions!  Student Names: can they select name on Diploma? • No, use legal name for all official documents

Lunch?

Questions!

Legislative Update

LB 470: Sup’t Pay Transparency Act

Sup’t Pay Transparency Act  We love it!  Seriously, we do.  July 1, 2014 effective date  Approve contracts as normal for now  Districts and ESUs are included

Sup’t Pay Transparency Act  Amends Nebraska Budget Act: 13-504  Section 1. Proposed Budget Statement: • Separate identification and description • of “all current and future costs” • which are “reasonably anticipated” • as a “result of any contract” • for “superintendent services”

Supt. Pay Transparency Act  Sections 2 and 3. “Superintend Pay Transparency Act”  Pre-Approval Notice Requirements: • At least 3 days before the meeting • Copy of proposed contract • Reasonable estimate and description of “all current and future costs”

Supt. Pay Transparency Act  Post-Approval Notice Requirements: • No more than 2 days after the meeting • Copy of “approved” contract • Reasonable estimate and description of “all current and future costs” • File with NDE by the following August 1

Sup’t Pay Transparency Act  Applies to: • “All amendments to a contract” • Specifically lists “salary increases” and “benefit changes”

 What about automatic renewal terms?

• Put a required notification provision in superintendent contracts • Helpful to boards as well

“Electronic Publication” “Electronic publication on the web site of the school district or educational service unit shall satisfy the requirement of this subsection if such electronic publication is prominently displayed and allows public access to the entire proposed contract or amendment.”

“Electronic Publication” “Electronic publication on the web site of the school district or educational service unit shall satisfy the requirement of this subsection if such electronic publication is prominently displayed and allows public access to the entire proposed contract or amendment.”

“Electronic Publication” “Electronic publication on the web site of the school district or educational service unit shall satisfy the requirement of this subsection if such electronic publication is prominently displayed and allows public access to the entire proposed contract or amendment.”

“Electronic Publication” “Electronic publication on the web site of the school district or educational service unit shall satisfy the requirement of this subsection if such electronic publication is prominently displayed and allows public access to the entire proposed contract or amendment.”

Penalties  Apply only to failure to file with NDE • May withhold TEEOSA funding • May instruct county treasurer to withhold funds collected via levy

 If, after notice and hearing, the board does not comply by October 1, the money reverts to the General Fund

LB 464: School Attendance

Truancy Law Changes  Review policy with county attorney annually  Remove “barriers to attendance”  Council on School Attendance

Student Attendance and NeSA Scale Scores Grade 4 Grade 4 – NeSA

Reading Math 2009‐10 2010‐11 2010‐11

Students absent less than 20 days Students absent greater than 20 days

105

110

103

84

89

80

Students absent less than 10 days Students absent greater than 10 days

106

111

105

95

101

93

Student Attendance and NeSA Scale Scores Grade 8 Grade 8 – NeSA

Reading 2009‐10 2010‐11

Math 2010‐11

Students absent less than 20 days Students absent greater than 20 days

104

108

100

83

82

68

Students absent less than 10 days Students absent greater than 10 days

107

110

103

93

96

85

Student Attendance and NeSA Scale Scores Grade 11 Grade 11 – NeSA

Reading Math 2009‐10 2010‐11 2010‐11

Students absent less than 20 days Students absent greater than 20 days

102

104

98

72

72

58

Students absent less than 10 days Students absent greater than 10 days

107

107

103

90

87

75

Absenteeism Policy  Policy must include • Annual review with county attorney • How district will handle “excessive absences due to illness” • Circumstances and number of absences (or hourly equivalent) upon which district will render services “to address barriers to attendance

Services  Communication with parent/guardian  Meeting with “at least” • School attendance officer • School social worker • Parent/guardian • Administrator or designee • The child, if appropriate

 Collaborative Plan

Collaborative Plan  “Shall consider, but not limited to” • Illness of the child (mental and physical); • Educational counseling; • Referral to community agencies for economic services; • Family or individual counseling; AND • Assisting the family in working with other community services.

Reports to County Attorney  “May” report when • Collaborative Plan has not worked, and • Child has been absent more than 20 days

 Must notify child’s family in writing before referring to county attorney  “Illness that makes attendance impossible or impracticable shall not be the basis for referral”

Council on Student Attendance  State Board Appointees • A member of a school board • Two unrelated parents of school children • A superintendent or designee • A student • A community or advocacy rep • A county attorney

 Appointees serve 3-year terms

Council on Student Attendance  Other Members • Probation administrator or designee • Commissioner of Education or designee • CEO of DHHS or designee

Duties of the Council  The Council “shall”: • Study 79-527 data • Develop recommendations to reduce absenteeism • Consider whether district’s absenteeism policies are working • “Review all school district policies” and make recommendations

LB 560: Employee Wage Stmt  Employers must provide wage statement on each regular payday showing: • • • •

the identity of the employer the hours for which the employee was paid the wages earned by the employee deductions made for the employee

 Information not needed for hours for employees who are exempt from overtime

LB 907: Criminal Background Checks  Schools and ESUs may inquire within the initial employment application only about the applicant's history and record of physical or sexual abuse.  Full criminal history permitted once the employer deems the applicant qualified for the open position.

ESU 4 Administrative Professional Day 2014 Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase