dealing with difficult parents

Dealing with Difficult Patrons and Parents

Steve WilliamsSteve WilliamsHarding & Shultz, P.C., L.L.O.

(402) 434-3000(402) 434 3000swilliams@hslegalfirm.com

What are We Talking About?What are We Talking About?

• Endless e-mails to teachers, staff or administrators

• Repeated phone calls• Unannounced personal visits• Complaints about personnel atComplaints about personnel at

board meetings

What are We Talking About?What are We Talking About?

• “Frivolous” or repeated public record requests

• File numerous or redundantFile numerous or redundant complaints

What is the Problem?

H i d di th t i• Harassing, degrading, threatening, or just plain inappropriate and j p pp pupsettingDi t d ti l• Disrupts educational process

• Monopolizes HUGE amounts ofMonopolizes HUGE amounts of time and resources

What is the Problem?

D t t i t i f d• Duty to maintain a safe and secure school

• Liability concerns• Harassment-free environment• NSAA “good sportsmanship”• NSAA good sportsmanship

When is Enough Enough?g g• When it interferes with your staff’sWhen it interferes with your staff s

ability to carry out their dutiesB k Eld 108 N b 761 (1922)• Brooks v. Elder, 108 Neb. 761 (1922)– “[T]he legislature . . . Has the power to

bestow upon school authorities unlimited control and discretion in the use of school

t ithi tit ti l li it ”property, within constitutional limits.”• State statutes give broad authorityg y

What Can You Do?What Can You Do?

• Least Restrictive to More Restrictive–Explain the problem–Prioritize requestsPrioritize requests –Limit amount of communication

“C i i Di ”–“Communication Diet”

Communication DietCommunication Diet

L tt i di ti• Letter indicating:– ALL written, verbal, or electronicALL written, verbal, or electronic

communication through one personS h l ill d ti– School will respond one time per week

– Visit school only upon request or by appointmentappointment

Communication Diet

L tt i di ti• Letter indicating:–Limit communication toLimit communication to

daily/weekly notebook exchange ORALL itt b l l t i–ALL written, verbal, or electronic communication through one person

–Visit school only upon request or by appointmentappointment

Communication Diet

L tt i di ti• Letter indicating:–All school visits require advanceAll school visits require advance

contact and written permissionF ll l d ll h l l–Follow law and all school rules or escorted out by school officials or law enforcement

–Notify school officials upon arrivalNotify school officials upon arrival

Communication Diet

L tt i di ti• Letter indicating:–Follow law and all school rules orFollow law and all school rules or

escorted out by school officials or law enforcementlaw enforcement

–Personal escort while on school premises

• Copy to law enforcement• Copy to law enforcement

School Grounds Ban

N tit ti l i ht t• No constitutional right to access–Pierce v. Society of Sistersy f–Meyer v. Nebraska

• No right to: monitor on playground• No right to: monitor on playground, volunteer as playground monitor,

tt d b k f i t h l it i hild’attend book fair at school, sit in child’sclass

• Mejia v. Holt Public Schools

School Grounds Ban

L t t ll d f• Last resort - generally reserved for dangerous or threatening conduct–Requirements

• Notice of trespass (Issuer, wording, service)Notice of trespass (Issuer, wording, service)• Direct to Leave• Call law enforcement• Call law enforcement

–Exceptions - Be careful with special education

• Copy of letter and telephone call to law enforcement

Restraining Ordersg

E t d i f f i di id l t• Entered in favor of individuals, not school districts, that have been “harassed”–“a knowing and willful course of conducta knowing and willful course of conduct

directed at a specific person which seriously terrifies, threatens, orseriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose.”no legitimate purpose.

Restraining Ordersg

E j i d t f• Enjoins respondent from:(a) imposing any restraint upon the person or ( ) p g y p pliberty of the petitioner(b) harassing, threatening, assaulting,(b) harassing, threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the petitioner, or (c) telephoning, contacting, or otherwise communicating with the petitioner.

School Board Meetingsg

C t t b d t i ti ll• Content based restrictions generally not allowed–Criticism of school officials–Selection of subjectSelection of subject–Selection of speakers

School Board Meetings

• Allowable restrictions–Time limits

Repetitious or irrelevant comments?–Repetitious or irrelevant comments?–Disruptive conduct

• reasonably perceive to be or imminently threatens to cause a disruption of the orderly and fair progress of the meeting

• Lewd, obscene, profane, “fighting , , p , g gwords”

School Board Meetingsg

S ti 79 570• Section 79-570–“Disorderly manner”y–Continues after notice by president

Order withdrawal–Order withdrawal–“Order any person or persons to take

h i t t d til thsuch person into custody until the meeting is adjourned.”

School Board Meetingsg

R d ti• Recommendations–Allow open and frank public comment if p p

it concerns an area under the control of the school board

–Adopt a policy containing time, place, and manner restrictions and enforce itand manner restrictions and enforce it

–Remind the speaker of the policy limitations before he begins to speaklimitations before he begins to speak.

School Board Meetings• Recommendations

–Employee criticism - offer an alternative forum or procedure. If not, boardforum or procedure. If not, board members listen but do not respond. No “give-and-take” session.give and take session.

–Be calm and cordial.Ob f h til di ti–Obscene, profane, hostile, or disruptive comments – Bd. Pres. interrupt and

ti th kcaution the speaker.

School Board Meetings• Recommendations

–§ 79-590AG says closed session allowed for–AG says closed session allowed for complaint if (a) employee had reasonablenotice and (b) open session notnotice and (b) open session not requested.If ll l f il th ti– If all else fails, recess the meeting.

Public Record Requests• Require requests be written identify

specific information requested• Charge fee that does not “exceed theCharge fee that does not exceed the

actual cost of making the copies available ”available.”–Paper, toner, etc. and staff time of

public employees involved in locating records, making copies and returning g p gthem to proper files.

Public Record Requests• 4 day rule

–Earliest “practicable date” to fill–Estimate cost of copiesEstimate cost of copies–Opportunity to modify or prioritize

requestrequest• Require deposit if cost of providing

$ 0records exceeds $50

Final Reminders

K d• Keep records–Parent’s behavior–School’s responses

• Consult school’s attorney BEFORE• Consult school’s attorney BEFORE taking any “drastic” action

Dealing with Difficult Patrons and Parents

Steve WilliamsHarding & Shultz P C L L OHarding & Shultz, P.C., L.L.O.

(402) 434-3000swilliams@hslegalfirm.com