North patte administrators

“Sensitivity Training� for North Platte Administrators Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase

The Changing Role of Principals  How Lawyers took Over Education  Confidentiality of Student Information  Acceptance of sped students  Harassment and Bullying Issues

Prior Role of Principals  Middle Management  Student discipline  Building (facility) management  Activity Director

Emerging Role of Principals  Shaping a vision of academic success for all students  Creating an education climate Cultivating leadership in others  Improving instruction  Managing people, data and processes to foster school improvement.

Neb. Principal Eval Framework  Four levels of performance ratings • 8 Principal Practices • Impact on student learning and performance • Achieving professional goals • Performance of duties in job description • Holistic rating based on evaluator’s analysis of overall performance

How does that change school law?  Both easier and harder to qualify principals as expert witnesses  Higher expectations of principals – erosion of immunity  Attorneys more cautious

Confidentiality

What is confidential  Student Information • • • •

Academic issues Discipline Medical information Disability (504 and IEP)

 Laws Governing • FERPA • Neb. Rev. Stat. § 79-2,104 • Rule 27 § 004.03E

What is confidential  Staff Information • • • •

Evaluations (form and substance) Discipline and grievances Medical information Family data provided due to employment

 Laws Governing • Neb. Rev. Stat. § 79-8,109 • Rule 27 § 004.03E

Letter to Wolf (FPCO 2011)

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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

Conn v. Western Placer Unif. Sch. Dist.

(Cal. 2010)

 Special Ed. Verification case • Teacher believed student should be verified; IEP team disagreed • Principal mentioned disagreement to third party • Parents discovered and sued  Hearing officer: undermines confidence in team’s decision; ordered re-eval  Third circuit: upheld award of fees

Portielos v. New York PS 106Q (NY 2013)

 Technology teacher • Administrative concerns • Teacher “caught wind” • Placed on leave  Legal challenges to proposed termination  Grievance filed against principal  Ethic complaint

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

Letter to Ponce (FPCO 2010)

 8th grader suspended; mom came to school angry  Assistant principal met mom on lobby  Mom complained to FPCO  FPCO • If student information discussed, violation • Dispute about who disclosed

Letter re: NYC Dept. of Educ., (FPCO 2015)

 Parent in dispute with school about insulin at school  Principal: “Parent trying to force teachers to give insulin” to student  Mom complained to FPCO  FPCO • Not in student’s file • If this information had been in student file, woud be violation

Letter to Anonymous (FPCO 2012)

 Parent is classroom volunteer and PT front office worker  Sent an e-mail to all parents in her student’s class: “as a parent of a special needs child, a volunteer and a part time staff member I have spent innumerable hours in various capacities in the classrooms, hallways, and playgrounds. This has provided me with many opportunities to witness a growing number of disturbing occurrences perpetuated by [the student] and exacerbated by his mother.”

Letter to Anonymous (FPCO 2012)

 Mom complained to FPCO • Information in e-mail tracked IEP and discipline file • Administration must have told staff  FPCO • Principal and staff testified that principal had never discussed any student • If additional evidence, will reconsider

My Legal/Practical Advice  Sharing confidences diminishes credibility and trust  “I wouldn’t discuss your student with other parents”  Modeling professional behavior for your staff  Cultivate a professional network outside of your building  When in doubt, blame the lawyers

“Sensitivity Training� for North Platte Administrators Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase