NRSCA required policies

Required q Board Policies Kelley y Baker Karen Haase Harding & Shultz (402) 434-3000 434 3000 kbaker@hslegalfirm.com khaase@hslegalfirm.com H & S School Law @KarenHaase

Certificated Staff Eval.

Certificated Staff Eval.  No longer just “teachers” teachers  Must re-approve and re-file  Check with NDE

Concussions Awareness

Concussions and Other Injuries  LB 260 • “…concussions concussions are one of the “most most commonly reported injuries in children and adolescents who participate in sports…”

• “risk of catastrophic injury or death is significant when a concussion…is not properly evaluated and managed.”

LB 260 Requirements  Schools make available training approved db by the h chief hi f medical di l officer ffi  Approved Courses: • Heads UP Concussions in Youth Sports (C (Centers ffor Di Disease C Control) l) • Concussion in Sports—What Sports What You Need to Know (NFHS) • C ConcussionWise i Wi (Sports (S t S Safety f t International)

Datingg Violence

Dating g Violence Lyndsay y dsay Ann Burke u e Act ct Also called “relationship abuse” Defined as a pattern of physically, h i ll sexually, ll verbally b ll and/or emotionally abusive behavior in a dating relationship

Dating g Violence ďƒ˜Must ust adopt aand d pub publish s itt in your student handbook. ďƒ˜Required to provide dating violence training to staff members.

What does it look like? Physical: ys ca : punching, pu c g, slapping, s app g, pushing, grabbing Emotional: sexual coercion, verbal abuse abuse, possessiveness possessiveness, controlling behavior Can involve sexting and other cyber-abuse

Design-Build

Design-Build ďƒ˜ Not required to have these policies UNLESS you want to use d design-build i b ild method of construction ďƒ˜ STEP 1 is to adopt policies, THEN proceed with project

Directory Information

Directory y Information One O e of o two policies po c es required equ ed by FERPA Student Records • Include I l d llaw enforcement f t and d attorney as school administrators • Third-Party Data Repositories

Directory Information •

Directory y Information • Name and grade • Address Add • Telephone number, including the student student’s s cell phone number • E-mail address • Date and place of birth • Dates of attendance • The Th image i or likeness lik off student • Participation in activities and sports

• Degrees and awards received • Weight and height of members of athletic teams • Most recent previous school attended • Work published onto the Internet • Classroom assignment and/or home room teacher • Student ID number

Enrollment/Disenrollemnt

Enrollment Kindergarten g • Must have policy (but not actual admission) • Who Pays?

Must require • Eye E Exam E y Exam.

• Phys.

• Birth Cert.

Disenrollment A/k/a dropouts p Current Law Proposed Law?

Excessive Absenteeism

Excessive Absenteeism Twenty days •No illness exception •Unless Unless child is where you you’ve ve placed him/her

Must develop policy in consultation with counbty attorney

Homeless Students

Homeless – Federal Def. lack a fixed, regular, and adequate nighttime residence Includes: • Living with family or in motel • Abandoned Ab d d • awaitingg foster care • Living in cars, parks, etc • Migratory children children.

42 U.S.C. § 11301

Homeless Policy Name Homeless Liaison Contact info for Liaison Transportation Rights Dispute resolution info

Option Enrollment

Option Enrollment Must articulate “standards standards for acceptance and/or rejection” of late application li ti Mayy not deny y based on: • Grades • Discipline history • Extracurriculars • Special education status

Electronicallyy Stored Data

Electronicallyy Stored Data 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) – policy provides a safe harbor

Special Education

Special Education Required to have policies AND procedures d Beware “off the rack”

Seclusion and Restraint

Policy “Recommended” by Education Authorities  Arnie Duncan Memo 7/31/09  Roger Breed Memo 9/3/01  No state or federal law

“Suggested” Policy Components    

Definitions Rationale (Preamble) Focus on Prevention P Purpose off Employing E l i Restraint and Seclusion  Staff Training Requirements  Time Lines and Maintaining Safety for Use of Each Procedure

 Documentation of Each Incident  Debriefing  Focus F on Prevention P ti  Appropriate Reporting to Parents/Guardians  Supervision, Supervision Oversight and Review

Student Internet and C Computer t A Access

FCC August 2011 Order “Beginning July 1, 2012, schools’ I t Internet t safety f t policies li i mustt provide for educating p g minors about appropriate online behavior, including interacting with other individuals on social networkingg websites and in chat rooms and cyberbullying awareness and response.�

FCC August g 2011 Order < Since 2001,, CIPA required q schools to certify that internet safety policies and technology protection measures to receive “E-Rate” < Requires schools to use “blocking technology technology”

FCC August g 2011 Order < 2008 -- Congress g passed Protecting p g Children in the Twenty-First Century Act < Required schools to educate on: • appropriate on-line behavior, • interacting on social networking websites & chat rooms • cyberbullying

The Policyy < Must certifyy its existence on Form 486 or Form 479 â&#x20AC;&#x201C; must retain documentation for at least five y years. < Does not have to include specifics as to the particular program < FCC will not detail specific procedures or curriculum

Required q Board Policies Kelley y Baker Karen Haase Harding & Shultz (402) 434-3000 434 3000 kbaker@hslegalfirm.com khaase@hslegalfirm.com H & S School Law @KarenHaase