ESU 4 Secretaries, Bookkeepers and Administrative Assistants

ESU 4 Secretaries, Bookkeepers and Administrative Assistants Karen Haase K ll Baker Kelley B k Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com kbaker@hslegalfirm.com H & S School Law @KarenHaase

Residency y

The Joyy of 79-215 • • • • • •

Residents Homeless Contracted students Option Students State Wards Non-wards residentially placed

So, who belongs in your school?

Residents • Students are residents of the district in which they reside • Students are residents of any district where one of their biological parents reside 79-215(1) and (2)

Homeless – Federal Def. • lack a fixed, regular, and adequate nighttime i h i residence id • Includes: − Living with family or in motel − Abandoned − awaiting foster care − Living in cars cars, parks, parks etc − Migratory children.

42 U U.S.C. S C § 11301

Kid who moves during year • “A school board may allow a student whose residency in the district ceases during a school year to continue attending school in such di t i t ffor th district the remainder i d off th thatt school year” y 79-215(4)

Kid who’s been contracted to attend tt d your di district t i t • B By another th di district t i t • Byy p parents of children who reside in a neighboring state 79-215(5) and (8)

Option Students • Foster parents can can’tt option • Parents “eligible” for mileage if qualify for free lunch • Option students placed out of district 79-215(5) and (8) 79 241 79-241

State Wards NOT in Foster • Remains resident • State S pays if if: − Placed in different district − Placed in institution with SpEd program • Resident dist. still obligated for IEP • Resident dist. lists on NSSRS 79-215(9)

State Wards who ARE Foster • Remains resident of home dist.

• NOT resident id off ffoster h home di district i • Should continue attendingg original g school unless HHS determines otherwise • DO NOT enroll foster kids as a matter of course 79-215(9)

Non State Wards R id ti ll Placed Residentially Pl d • If facility doesn doesn’tt have ed ed. program − resident dist. “shall contract” with f ili dist. facility di − IEP,, etc. transfers to facilityy dist. − Unless agreement otherwise − If wrong district pays, pays correct district has to reimburse 110% • NDE appeal process 79-215(10)(a)

Non State Wards R id ti ll Placed Residentially Pl d • If facility does have ed. program − NDE pays − Resident dist. still responsible for IEP, NSSRS, etc.

79-215(10)(c)

Kid in Detention Facility • State Pays • Statute silent re “residency” • Assume A resident id t di dist. t still till responsible p for IEP, NSSRS, etc.

79-215(11)

Truancy

Neb. Rev. Stat. ยง79-209 (new) If student is absent more than 20 days per year and all of the absences are due to documented illness that makes attendance impossible or impracticable or are otherwise excused by school authorities, the attendance officer may reportt th the iinformation f ti to t the th county t attorney of the county in which the person resides.

Neb. Rev. Stat. ยง79-209 (new) If the child is absent more than 20 days per year or the hourly equivalent and any of such absences are not excused, the attendance officer must file a report with the county attorney of the county in which the person resides on a form which i l d the includes th ffollowing ll i two t statements, t t t one of which must be designated by the school representative signing the report:

Neb. Rev. Stat. §79-209 (new) (a) The school representative requests additional time to work with the student prior to intervention by the county attorney; or (b) the school representative believes that the school has used all reasonable efforts t resolve to l the th student’s t d t’ excessive i absenteeism without success and recommends county attorney intervention.

Significance g of Changes g • Doctor’s note, etc. may matter again i • Depends p on yyour board’s p policy y • Communicate with your board and principal (attendance officer) • What you put in PowerSchool really matters.

Student Records

FERPA • L.S. v. Mount Olive Board of Ed. (D.N.J. 2011) − Catcher in the Rye Assignment − Teacher and school psych. liable – other school defendants dismissed

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)

Personnel Files

Personnel files • Any full-time employee may − access upon request − attach a written response to any item in such file − authorize another to access (must be in writing Neb. Rev. Stat. §79-8,109

Personnel files • No other person except school officials while engaged in their professional duties shall be granted access to such file, and the contents thereof shall not be divulged in any manner to any unauthorized person. • Fischer v. Erickson, Case No. CI0414

Personnel files • New statute regarding employment references: − may disclose certain information about a current or former employee to a prospective employer − Must have written consent − Statute lists what can be released

Personnel files • Consent must be separate document or, if included in the application form, must be in bold letters and in larger typeface than the largest typeface • The consent must be signed and dated by the applicant • Consent C will ill be b valid lid for f no longer l than six months.

Custody Disputes

Custody y Disputes: p Stay y 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 y Disputes: p If y you’re in it

• Stick to your expertise

– As a staff member – Not a psychologist/social worker

Non-Custodial Parents and Special Education • •

IDEA gives rights to parents, foster parents parents, in loco parentis Navin 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

E-mail

School E-mail • Computer, Computer Server Server, Internet Connection all belong to the district.

• Use U iis permissive i i • Assume someone will read it eventually.

School E-mail and Politics • Political Accountability and Di l Disclosure Act A • In the Matter off Michael Nolan,, Case No. 07-03

Using g School E-mail

Public Records • 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. • The mere fact that a record is in the possession of a public officer or a public agency does not make it a public record.

ESU 4 Secretaries, Bookkeepers and Administrative Assistants Karen Haase K ll Baker Kelley B k Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com kbaker@hslegalfirm.com H & S School Law @KarenHaase