NASES 2013

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

Who’s Your Daddy?

A Legal Update on Student Residency

The Joy 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 residence  Includes: • • • • • • •

Living with family or in motel Abandoned awaiting foster care Living in cars, parks, etc Migratory children Abused, homeless, not yet in system Aged out of foster and homeless

McKinney-Vento Homeless Ass. Act 42 U.S.C. §11431 et. seq.

 Rights of Homeless students • Right to Remain in School of Origin • Transportation (paid for by district of origin) • Right to Immediate Enrollment (w/o Records) • Liaisons

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 district for the remainder of that school year�

79-215(4)

Kids contracted to your district  By another district  By parents of children who reside in a neighboring state 79-215(5) and (8)

Option Students  Foster parents can’t option  Parents “eligible” for mileage if qualify for free lunch  Option students placed out of district 79-215(5) and (8) 79-241

State Wards NOT in Foster  Remains resident  State pays 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 of foster home district  Should continue attending original school unless HHS determines otherwise  DO NOT enroll foster kids as a matter of course 79-215(9)

Fostering Connections to Success and Increasing Adoptions Act of 2008  Amend Title IV (Parts B and E) of the Social Security Act  Provisions promoting education stability and enrollment for youth in foster care  Required states to change child welfare laws

Presumption: Same School  The child’s case plan must include: “an assurance that the state has coordinated with appropriate local education agencies … to ensure that the child remains enrolled in the school in which the child was enrolled at the time of placement” 42 U.S.C.A. 675(1)(G)(ii).

Presumption: Same School  If remaining in the same school is not in the best interest of the child, the child’s case plan must include “assurances by the State agency and the local education agencies to provide immediate and appropriate enrollment in a new school, with all of the education records of the child provided to the school.”

42 U.S.C.A. 675(1)(G)(ii).

Comparing McKinney-Vento to Fostering Connections  McKinney-Vento Act (Education Law: NCLB) • Best Interest Decision – SCHOOL BASED

 Fostering Connections (Child Welfare: Title IV-E) • Best Interest Decision – CHILD WELFARE-BASED

Foster Care Law Changes  Uninterrupted Scholars Act (fed) • Allows schools to release ed records without parental consent to child welfare agencies • Schools can disclose records under court order without notifying parents

 LB 269 • Reimbursement rates for foster parents • Change case plans, manager training,

Foster Care Law Changes  LB 216 • Young Adult Voluntary Services • IEP Transition Plans

 LB 530 • Changes governance of Children and Family Services

Non Wards Residentially Placed  If facility doesn’t have ed. program • resident dist. “shall contract” with facility dist.

• IEP, etc. transfers to facility dist.

• Unless agreement otherwise • If wrong district pays, correct district has to reimburse 110% • NDE appeal process 79-215(10)(a)

Non Wards Residentially Placed  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 resident dist. still responsible for IEP, NSSRS, etc.

79-215(11)

So if Kids Respond to Interventions, Does Your Staff?

Karen Haase

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

Poll: Do you evaluate teaching staff:

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Poll: Do you evaluate teaching staff:

Poll: Do you evaluate paraeducators:

The Widget Effect  2009 Study conducted by The New Teacher Project  Surveyed 15,000 teachers and 1,300 principals in 12 school districts,  Conclusion: Schools treat teachers as interchangeable parts, rather than individual professionals http://widgeteffect.org/downloads/TheWidgetEffect.pdf

The Widget Effect  How evaluation systems reflect and codify the “Widget Effect” • All teachers are rated good or great.

• Excellence goes unrecognized.

• Professional development is inadequate.

• No special attention to novices • Poor performance goes unaddressed

TNTP’s Recommendations  Adopt a comprehensive performance evaluation system that fairly, accurately and credibly differentiates teachers based on their effectiveness in promoting student achievement and provides targeted professional development to help them improve

TNTP’s Recommendations  Train administrators and other evaluators in the teacher performance evaluation system and hold them accountable for using it fairly and effectively.

Poll: Administrators: How many of you have had...

TNTP’s Recommendations  Integrate the performance evaluation system with critical human capital policies and functions such as teacher assignment, professional development, compensation, retention and dismissal.

TNTP’s Recommendations  Address consistently ineffective teaching through dismissal policies that provide lower-stakes options for ineffective teachers to exit the district and a system of due process that is fair but efficient.

Poll: Is your school part of NDE's evaluation ...

Poll: If you are part of the pilot are you usi...

Writing Clear Evaluations

Written Evaluations  Comply with Rule 10 requirements  Use the approved policy and forms  Follow the policy  Train all administrators on the policy, form and educational model  Use announced observations  Pre-evaluation conference  Use unannounced observations

Write in the First Person  Communication in the first person is more personal and direct  Communication in the third person is more awkward and less effective

How to Evaluate Clearly

Jack Webb’s Rule  State facts first  Draw conclusions later

Avoid Mixed Messages

Document, Document, Document

If it isn’t written down, you didn’t see it (Or at least it’s harder to establish)

Don’t give suggestions

Suggestions/Recommendations  Give concrete directives for each deficiency  Include a narrative explanation with each criticism  Relate all deficiencies to teaching and learning

Move from suggestions to directives

Be fair

And be sure to give the appearance of being fair

Make directives and recommendations  Clear  Specific  Measurable

Be on Time

Be on Time  Don’t be late  Be at work on time  Be at work by 8 a.m.  Be in the building by 8 a.m.  Be in your classroom and prepared to meet students by 8 a.m.

Use Deadlines

Know the Employee’s Story

 Confer with the teacher  Get his/her responses to your concerns

Identify Continuing Deficiencies as Such

Don’t Relent

Identify serious issues as such

Keep a record of all your observations and conferences

Meet your own deadlines

Don’t write while angry

Deliver memos and evaluations promptly

Have the teacher sign memos and evaluations promptly

When signing for receipt Clarity Counts  Signing only for receipt  Give the teacher the original of the document  Keep a copy  Right to respond

Involve other administrators in the remediation process

Make the teacher responsible for making the improvements

Involve the NSEA

We’re from the NSEA and we’re here to help

So let’s practice

Severus Snape  Science Teacher  Great with content  Students do well on assessments  Does not accommodate slower students  Mean to disfavored students

Poll: How would you improve the feedback to Se...

Poll: How would you improve the feedback to Se...

Poll: How would you improve the feedback to Se...

Poll: How would you improve the feedback to Se...

Remediation

Remediation “It is easier to help a poor teacher grow than to dismiss that teacher.�

Madeline Hunter

Rule 10 Remed. Requirements  If deficiencies noted, must provide: • Written list of “all noted deficiencies” • “concrete suggestions for improvement” • Assistance in overcoming deficiencies • Adequate timeline for implementing the concrete suggestions for improvement

Remediation Requirements  Review your district’s evaluation policies and documents!

Remediation Not Required  Criminal Conduct  Incapable of Remediation?

• Teachers who cannot improve to meet the standard of the district and • Teachers who will not improve to meet the standard of the district.

 Beware – burden on district to prove “irremediability”

Remediation Plans

Remediation Plans  Identify or define the problem  Identify goals  Identify strategies  Provide resources  Set deadlines  Assess progress  Inform of consequences

Remediation Tips  Involve the teacher in the process  Acknowledgement of Receipt  Rebuttal and clarification requests in writing  Help the teacher “own” the problem  Don’t give up!

Take Comfort  Nebraska Supreme Court: There are few, if any, objective criteria for evaluating teacher performance or for determining what constitute just cause for terminating teaching contracts of tenured teachers. Each case must, therefore, be assessed on its own facts.

 Courts don’t typically second guess

Poll: Questions? Comments?

So if Kids Respond to Interventions, Does Your Staff?

Karen Haase

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