NASB Back to Basics

Page 1

< < < < < <

School board authority School board operations School board liability Student rights Employee rights The board’s attorney

< Created by the Legislature < “Creatures of statute”

Nebraska Department of Education

< < < < < < <

Law not made by Legislature Law not made by courts Law made by administrative body Dept. of Revenue Dept. of Health State Auditor Accountability and Disclosure Comm.

< 1st Amendment ’ Freedom of speech ’ Freedom of press ’ Freedom of religion < 4th Amendment: search and seizure < 8th Amendment: cruel and unusual punishment < 14th Amendment: no person may be deprived of life, liberty or property without due process of law

< < < < < < < < < < <

79-100: Compulsory education 79-200: Provisions re students 79-300: State Department of Education 79-400: School organization 79-500: School boards 79-600: School transportation 79-700: Accreditation, curriculum 79-800: Teachers and administrators 79-900: Retirement 79-1000: Taxation and Finance 79-1100: Special Populations

< < < < < < < < <

IDEA FERPA Equal Access Act ADEA ADA Civil Rights Act of 1964 Title VII Title IX OWBPA

Sections 84-1408 to 84-1414

< The formation of public policy is public business and may not be conducted in secret. < Every meeting of a public body shall be open to the public in order that citizens may exercise their democratic privilege of attending and speaking. . .

< All regular, special or called meetings, formal or informal, of any public body for the purpose of: ’ Briefing (includes retreats) ’ Discussion of public business ’ Formation of tentative policy ’ Taking any action of public body

< < < <

Must publicize all meetings Reasonable advance notice To public and board members By a method adopted by board and recorded in minutes ’ Publication in newspaper ’ Posting in district

< Must publicize all meetings < Reasonable advance notice ’ Very comfortable with 3 days ’ Comfortable with 2 days < To public and board members by: ’ A method adopted by board and recorded in minutes

< Do your minutes show the method the board adopted to publish meetings? < Does your method always work? < Use a method the public can rely on: ’ Posting at specified sites ’ Posting on district web site ’ Publishing in newspaper can be additional, when convenient

< Must publish: ’ Agenda of subjects known or ’ Statement that a copy of agenda, kept continuously current, is available for inspection at office during regular business hours < Agenda items must be sufficiently descriptive to give public reasonable notice of matters to be discussed < May not amend w/in 24 hours of mtg.

< Don’t be cryptic – err on the side of expansiveness < Post or publish notice that a copy of the agenda, kept continuously current, is available for inspection at office during regular business hours

< Limited to emergency ’ Tornado ’ Boiler blows up < May be held without advance notice < Meeting may be by telephone < News media must be contacted < Minutes must be prepared by next day

< < < <

Should Contain:

Time, date and place of meeting Members present and absent Subject of all matters discussed Documents received or disclosed in public session < Minutes available within 10 days or by next meeting, whichever is earlier < Sentences, not cryptic statements

< < < < <

Majority constitutes quorum (4 of 6) President presides President has authority to expel Secretary is clerk of the board Meetings open to public

< Patron participation ’ Board may set limits ’ May require speakers to identify ’ Board does not have to allow people to speak at every meeting ’ Must let them speak at some mtgs < Board must have one copy of material available for inspection

< Clearly necessary to protect public interest < Prevent needless injury to person < Discuss negotiations < Deployment of security devices < Investigation of criminal conduct < Evaluations of job performance

< Discretionary duties < Nondiscretionary duties

Personal Board Member Liability

< Contracting with a teacher already under contract < Employing an uncertified teacher < The treasurer as “insurer� < Insufficient transportation fee < Failure to levy tax to pay judgment

< 1. Doing something an ordinary

prudent person would not have done under similar circumstances or < 2. Failing to do something an ordinary, prudent person would have done under similar circumstances.

< < < <

Duty (standard of care) Breach of duty Proximate cause Actual injury (damages)

Nebraska Political Subdivision Tort Claims Act

< File a claim with the board < Give the board an opportunity to act < File suit within 2 years

< Defamation < Assault and battery

< < < < <

Invalid contracts Products liability Federal civil rights Constitutional violations Statutory violations

< 1st Amendment ’ Freedom of speech ’ Freedom of press ’ Freedom of religion < 4th Amendment: search and seizure < 8th Amendment: cruel and unusual punishment < 14th Amendment: due process

Tinker v. Des Moines Indep. School District

< “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” < “applied in light of the special character-istics of the school environment.”

< < < < < < <

FERPA Equal Access Act IDEA Section 504 Title IX Equal Educational Opportunities Act Gun Free Schools Act

< < < < < <

Compulsory education Confidentiality of records Special education Sex discrimination Enrollment option Student discipline

Constitutional Rights in 10-Day Suspension

< 1. Notice of charge < 2. Explanation of evidence < 3. Student’s opportunity to explain

Short-Term Suspensions (1-5 Days)

< < < < <

Principal investigates Notice of charge Explanation of evidence Student’s opportunity to explain Notice to parents within 24 hours

Long-Term Suspension (6-19 Days); Expulsion

< < < < < <

Notice of charge Right to hearing Right to representation Examine records Right to know identity of witnesses Right to know substance of testimony

Students with disabilities are protected by extensive federal and state statutes and regulations. Great care must be taken in administering discipline to such students.

U.S. Supreme Court

[m]aintaining order in the classroom has never been easy, but in recent years, school disorder has often taken particularly ugly forms; drug use and violent crime in the schools have become major social problems.

New Jersey v. TLO

< Standard is reasonable suspicion < Does not require absolute certainty < Choplick’s suspicion was the sort of “common sense conclusion about human behavior” which “practical people”, including government officials, are entitled to rely upon.

< Less than probable cause < More than a hunch < Two pronged test: ’ Reasonable belief that search will turn up evidence of violation ’ Search is reasonably related to the need for the search

< Freedoms: ’ From unlawful discrimination ’ Expression ’ Appearance ’ Religion ’ Access

< Probationary - certificated employee served less than 3 FTE years < Tenured (permanent) - certificated employee served more than 3 FTE yrs < Continuing contract law - the contract of a certificated employee renews automatically unless notice is given in compliance with statute and policy

< Nonrenew - discharge probationary employee at end of year < Terminate - discharge tenured employee at end of year < Cancel - discharge certificated employee mid-contract

Probationary Employee

< Observation and evaluation once each semester < Full instructional period < List of deficiencies < Suggestions for improvement < Follow-up evaluations and assistance

< Just Cause ’ Incompetence ’ Neglect of duty ’ Unprofessional conduct ’ Insubordination ’ Immorality ’ Physical or mental incapacity ’ Other conduct

< Conducted before the board < Supposedly informal < “Discuss and explain� position on continuing employment < Board decison may be for any reason except an unconstitutional one < Majority of quorum sufficient

< < < <

Notice of possible termination 7 days to request hearing Hearing within 30 days 5-day notice before hearing ’ Charges ’ Names of witnesses ’ Substance of testimony ’ Documents

< Hearing is formal < Administration, board and teacher represented by attorneys < Presentation of evidence < Cross examination < Decision based solely on evidence < Majority of members of board must vote to terminate

< RIF hearings very much like others < No wrongdoing < Must establish ’ Change in circumstances ’ Necessity to reduce force ’ Teacher specifically affected < Right of recall for 24 months

< Primary role is as policy makers < Remain impartial < Do not become involved in the evaluation process < Active board involvement can: ’ Change focus of hearing ’ Cause a decision to be overturned

Should every school board have an attorney?

May our school board use the NASB’s legal counsel as its attorney?

Should our school board’s attorney be on a retainer?

How much should the school board spend for legal services?

How much our school board select an attorney?

Do we need a written contract with our board’s attorney?

Do we need a written policy governing the use of the attorney?

Does our attorney represent the board or the superintendent?

Should we have different attorneys for different problems?

Should our attorney attend every meeting of the board?

How should we use our attorney in collective bargaining?

How can our school board deal with a concern about the quality or the cost of a particular service provided by our attorney?

Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.