Presentation to ESU 4 Secretaries

I thought g I worked at a School, Not a Circus. . .

Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law

Custody Disputes

Custody Disputes: Stay Out of it! ► Refuse

to offer opinions ► Decline interviews with attorneys ► Refuse service of subpoenas during school time ► Consider motion to quash ► Strictly observe FERPA

Custody Disputes: If you’re in it • Stick to your expertise – As a staff member – Not a psychologist/social worker

Non-Custodial Parents and Special Education â–şIDEA

gives rights to parents, foster parents parents, in loco parentis â–şNavin v. Park Ridge Sch. Dist. 64, 270 F.3d 1147 (7th Cir. 2001)

Release of Children

Everyone y thinks he’s a lawyer

Release of Children ►FERPA:

Non Non-custodial custodial parents have same rights as custodial

► Unless U l

th there iis evidence id off a llegally ll binding bi di document that specifically revokes rights. (34 C F R 99.4) C.F.R. 99 4)

►Pauley

v. Anchorage Sch. Dist., 31 P.3d 1284 (Al (Ala. 2001)

Practical Advice ►Politely

decline to accept copies of di divorce d decrees, custody agreements, etc, etc. ►Release to bio parents p and their designees ► Call the cops if concerned

What’ss in a Name?

What

Special Education and Student Discipline

Procedural Protection without ith t Verification V ifi ti • District st ct has as imputed puted knowledge ow edge if:: – Parents have requested evaluation – Parents have expressed concern to the district that child special education – Child Child’ss behavior demonstrates need for services – District personnel have expressed concern about child’s behavior or performance in cco d ce with w thee district's d s c s spec special accordance education referral system.

Request for evaluation after misconduct • District has no imputed knowledge of disability • School may determine child’s hild’ placement l t pending p g results of the evaluation and, if necessary manifestation necessary, determination

Responding to Subpoenas

An e-mail byy anyy other name < < < < <

A Business Record A Public Record An Education Record A SpEd p Record A Hearing Exhibit

E-mail as Business Record

E-mail as Business Record Federal Rules of Civil Procedure < Rule 26 – duty to disclose; general provisions governing discovery < Rule 37 – failure to make or cooperate in discovery; sanctions < Rule 37(f) – safe harbor

E-mail as Public Record

E-mail as Public Record  Records "of" or "belonging to" state agencies under § 84-712.01 are those records "owned" byy the agencies g or those records for which the state agencies possess title or an ownership interest.  E-mails in your staff’s possession are public records – even if they are on their home computers

Retention Implications p Must follow the Secretary of State’s Guidelines for retention “correspondence  correspondence concerning students:” maintain until graduation or after 3 years’ absence SpEd records: maintain 5 years after no longer needed for services

E-mail as Education Record

E-mail as Education Record < FERPA: “education record” means materials which “contain information directly related to a student [and] maintained by an educational agency” < Includes “print print or computer media”

E-mail as Education Record < Owasso Ind. Sch. Dist. v. Falvo, 534 U.S. 426 (2002) < S.A. S A vv. Tulare County Office of Educ., 109 LRP 60382 (E.D. Cal. 2009) < Washoe County Sch. Sch Dist Dist., 109 LRP 78026 (Nev. April 2, 2009)

E-mail as SpEd p Record

E-mail as SpEd p Record < IDEA requires notification of SpEd parents prior to deleting ed records which contain â&#x20AC;&#x153;personally personally identify information collected, maintained, or usedâ&#x20AC;? < Washoe County Sch. Sch Dist Dist., 109 LRP 78026 (Nev. April 2, 2009)

Practical Pointers < Create, review and enforce yyour e-mail retention policy < Comply with Stateâ&#x20AC;&#x2122;s retention schedule < Keep relevant S Ed emails SpEd il in i hard copy < Notify before deletion

Social Networkingg < Examples p - MySpace - Facebook - YouTube

Teacher Use < Causes for Concern - Drug/Alcohol Use - Sexual S l Inappropriateness I i t - Inappropriate pp p Communication with Students - Inappropriate Communication Comm nication about Students - Selling School Property

Nebraska Law < Neb. Rev. Stat. §§ 79-824,, 79-827,, 79-829 < Reasons for Termination and/or Cancellation: - Unprofessional Conduct - Immorality - Other conduct which interferes substantially with the continued performance of duties

I thought g I worked at a School, Not a Circus. . .

Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law