legal update for administrators: recent statutes, court decisions, and grievance opinions affecting...
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Legal Update for Administrators: Recent Legal Update for Administrators: Recent Statutes, Court Decisions, and Grievance Statutes, Court Decisions, and Grievance Opinions Affecting Public EducationOpinions Affecting Public Education
Howard Seufer, Jr. [[email protected]]Howard Seufer, Jr. [[email protected]]RESA 7RESA 7Village Square Conference CenterVillage Square Conference CenterAugust 3, 2009August 3, 2009
The Education Law GroupThe Education Law Group at Bowles at Bowles Rice McDavid Graff & LoveRice McDavid Graff & LovePrimary Attorneys
Greg Bailey - Morgantown
Rick Boothby - Parkersburg
Howard Seufer - Charleston
Rebecca Tinder - Charleston
Kim Croyle - Morgantown
Ashley Hardesty - Morgantown
Legal Assistants
Sarah Plantz - Charleston
Dianne Wolfe - Parkersburg
Adjunct Attorneys
Bob Bays - Eminent Domain
Rick Brown - Employee Disability
Joe Caltrider – Personal Injury Defense
Pat Clark - Contracts
Mark D’Antoni - Real Estate
Mark Dellinger - Human Rights
Kit Francis - Creditors Rights
Jill Hall - Employee Benefits
Tom Heywood - Government Relations
Bob Kent - Personal Injury Defense
Jeff Matherly - Health Information
Ellen Maxwell-Hoffman - Ethics
Edd McDevitt – Bonds, QZABs & Levies
Marion Ray - Workers Compensation
Lesley Russo – Employee Benefits
Cam Siegrist - Finance
Beth Walker - Wage & Hour
Ken Webb - Construction Litigation
Our AgendaOur Agenda Some recent legal developments of particular
interest to public school administrators: Legislation Supreme Court Decisions W. Va. Supreme Court Decisions Grievance Board Decisions State Superintendent Interpretations
As time permits, some issues to pay special attention to in the coming school year
A Word About This PresentationA Word About This Presentation The specific facts of each situation can make a
difference in the legal principles that apply and the best course of action to take from a legal standpoint
We are speaking in general terms today and do not have the time to consider all the factual contexts in which these legal issues may arise
For that reason, this presentation must not be treated as legal advice about any specific situation
Also, due to the rapidly changing nature of the law, information contained in this presentation may become outdated
No person should act or rely upon the information contained in this presentation without seeking the advice of an attorney
Some Words About the HandoutSome Words About the Handout Then first 37 pages of the handout consist of
summaries only The summaries of legislation, court and
grievance decisions, and interpretations are ours
Never take important action in reliance upon a summary
Time prevents us from covering every new law (and decision) summarized in the handout
New West Virginia Legislation of New West Virginia Legislation of Particular Interest to Public Particular Interest to Public School AdministratorsSchool Administrators
From the 2009 Regular and First Special Sessions
Handout, page 1
These Bills Did Not Pass and Are Not Law
School calendar Altering the “seven factors” used to compare
candidates for professional vacancies Relieving county boards of liability for
unfunded PEIA benefits for retirees School board member pay raise Removing budget cap on RESA foundation
allowance
Seven Categories of LegislationSeven Categories of Legislation
A. Students
B. Safe Schools
C. Personnel
D. Finance
E. Business
F. Public Officials
G. Retirement
StudentsStudents
Senate Bill 398Restrictions on Graduated Driver’s
Licenses(In Effect July 10, 2009)
Handout, page 2
Senate Bill 498Early Childhood Education
(In Effect April 11, 2009)
Handout, page 4
ReportingReporting Before July 1 of each school year after 2012-2013,
each county board must report to DHHR Secretary and State Superintendent: documentation showing the extent to which it is maximizing
resources by using existing community-based programs, including Head Start and child care
Any county that includes in its net enrollment for state aid children in contracted community-based programs must also report: documentation that the county equitably distributes funds
for all children regardless of setting
Quality Rating & ImprovementQuality Rating & Improvement Requires DHHR Secretary to
establish a plan for phased implementation (starting July 1, 2011) of a statewide quality rating and improvement system covering licensed child care centers and facilities registered family child care homes other types of child care settings licensed after the system is
implemented include a financial plan providing for staffing, public
awareness, an internet-based information system, financial assistance for programs, and assistance for consumers at or under 200% of the federal poverty level
create a Quality Rating and Improvement System Advisory Council to advise concerning the plan and ongoing review
Recognizes that stimulus funds may fund some expenditures
Mandatory Elements of New SystemMandatory Elements of New System 4-star rating system that easily communicates to
consumers One star: meets minimum acceptable standards Four stars: meets the highest standards
4-level program standards for registered homes and licensed programs Only mandatory level: Level 1 (basic state registration and
licensing requirements) Accountability measures to assess compliance
Evaluations, observation/assessment tools, annual self-assessments, model program improvement planning to help in improvement
Rules for the reduction, suspension, or disqualification of programs from the system
Possible Pilot ProgramsPossible Pilot Programs Authorizes DHHR Secretary to implement a
quality rating and improvement system as a pilot project in up to five counties beginning July 1, 2009 to help test the rating system assess the quality of existing providers estimate financial requirements of the future
statewide system Inform future policy decision
Ratings of pilot project participants may not be individually disclosed
Senate Bill 1001Critical Skills Instruction Support
Programs for Third and Eighth Grade(In Effect July 1, 2009)
Handout, page 5
“Critical Skills Instructional Support Programs”
For students in grades 3 and 8 who are not mastering language arts and math
adequately for success at next grade level, and are recommended by Student Assistance Team
or classroom teacher To occur
during the instructional day, and after the instructional day, and during the summer
State Board of Education Enact rules to
Maximize parental involvement in supporting critical skills development
Ensure employment of qualified personnel under the existing summer employment laws
Create formula or grant-based distribution of funds Providing for transportation, healthy foods, and
supervision of participating students Annually report to LOCEA, Joint Committee on
Government & Finance, Governor
County Boards Provide suitable facilities, equipment,
services to support the programs May provide summer programs at central
locations Cannot charge tuition Must ensure that SATs are established and
performing needs assessments If funds are inadequate for full
implementation, may implement in phases, prioritizing programs for third graders
Students Summer program may be made a condition of
promotion for a third or eighth grader who was provided help in the in-school and after-school
programs, and is recommended by SAT or classroom teacher for
additional help in language arts and/or math to succeed at next grade level
In spite of program, classroom teacher may recommend grade level retention
Program is not to affect IEPs Program does preclude summer programs under
existing laws
House Bill 109Innovation Zones
(In Effect July 1, 2009)
Handout, page 8
Purpose
Create testing grounds for innovative education reform programs at the school level that document educational strategies that enhance student success and increase the accountability of the state’s public schools
Do so by providing principals and teachers with flexibility from the constraints of certain statutes, policies, rules, and interpretations
Allows Exceptions from County and State Rules, Policies, and Interpretations, and
from State Statutes Only within designated zones, and under
approved innovation zone plans Exceptions cannot be granted to
Any federal law, including NCLB WV laws on the filling of personnel vacancies and
the assignment, transfer, and reduction in force of professional and service employees But if a majority of all the county’s teachers vote to
approve, heightened qualifications may be posted for teaching vacancies in an innovation zone
Designating Innovation Zones An innovation zone may consist of
a school a group of schools a subdivision or department of a school a subdivision or department of a group of
schools Application for designation
State Board rules will govern Must describe innovations to be instituted Must estimate affected employees
(Designating Innovation Zones) Step One: Secret ballot special election by affected
regular employees Special panel calls meeting, conducts election, certifies
vote School’s elected faculty senate officers, a service
personnel representative, three parent members of LSIC Requires approval by 80% of eligible voters
Step Two: State Board decides whether to designate, considering at least Level of commitment by staff, parents, students, county
board, LSIC, and business partners Potential for applicant to succeed as an innovation zone
Approving Innovation Plans
Minimum plan contents Description of programs, policies, or initiatives that
the zone intends to implement as an innovative strategy to improve student learning
An explanation of the needed exceptions to identified rules, policies, interpretations, and statutes
Other information required by the State Board of Education
(Approving Innovation Plans)
Step One: 80% approval in special election by affected employees Conducted exactly like the zone designation
election by affected employees Step Two: Submission to county board and
superintendent Board and superintendent must report support
and/or concerns in 60 days Reports go to principal, faculty senate, LSIC
(Approving Innovation Plans)
Step Three: Approval by both the State Superintendent and State Board Approve or disapprove
If both approve, requested exemptions from county and state rules, policies, and interpretations take effect (but not exemptions from state statutes)
Any disapproval requires statement of reasons. Plan may be revised and resubmitted, but only after another 80% election by affected employees and another submission to, and report by, the county superintendent and board
(Approving Innovation Plans)
Step Four: If the plan requests exemption from any West Virginia statute, the exemption must be approved by Act of the Legislature First the plan must be submitted to LOCEA LOCEA makes a recommendation to the
Legislature
Additional Provisions Employee Transfers
“Every reasonable effort” must be made to grant a transfer request by a regular employee at a school that is proposed or approved as an innovation zone and whose duties “may be affected” by a proposed or approved innovation plan
State Board reports Annually review progress of the development or
implementation of each plan A zone that hasn’t made adequate progress in developing
or implementing its plan is reviewed again in six months State Board may then revoke zone designation or plan
approval Annually reports to LOCEA on all innovation zones
(Additional Provisions)
Higher Education Institutions May establish innovation zone schools State Board to establish process Students attending the school
will be enrolled in a public school in county of residence May participate at the public school in extracurricular
and co-curricular activities Higher Education institution’s school may not be
funded with state or county moneys resulting from state aid formula
House Bill 3083Blood Donations by 16-Year-Olds
with Parental Consent(In Effect June 24, 2009)
Handout, page 14
Safe Safe SchoolsSchools
House Bill 2952Terroristic Threats
(In Effect July 7, 2009)
Handout, page 14
PersonnelPersonnel
Senate Bill 1006Hiring, Terminating, Transferring, and
Reassigning Teachers and School Personnel
(In Effect July 1, 2009)
Handout, page 6
Deadline: Classroom Teachers’ Early Notice of Year-End Retirement,
Qualifying for $500 Bonus Old Law
Must give notice to the county board on or before February 1
No guidance on posting position or retracting the year-end retirement
New Law Must give notice to the
county board on or before December 1
Board may post vacancy for next year once notice is given
For unforeseen financial hardship, may keep job if forfeit $500 bonus
Deadline: For Any Employee to Exercise Right to Retire at Year’s
End, Regardless of Board’s Wishes Old Law
Must deliver written resignation on or before the first Monday in April
New Law Must deliver written
resignation on or before February 1
Deadline: Board’s Vote to Terminate Employee’s Continuing Contract at
Year-End for Lack of Need Old Law
Must vote on or before the first Monday in April
Note: Prior to the vote, employee’s must be given advance written notice and the opportunity for a hearing
New Law Must vote on or before
February 1 Note: Prior to the vote,
employee’s must be given advance written notice and the opportunity for a hearing
Deadline: Superintendent’s Notification of Employees Who Are Being Considered
for Transfer for the Next Year
Old Law On or before the first
Monday in April
New Law On or before
February 1
Deadline: Board’s Receipt and Approval of Superintendent’s List of Employees to
Be Considered for Transfer for the Ensuing Year
Old Law On or before the first
Monday in May
New Law On or before March
15
Deadline: Board’s Acceptance of Superintendent’s List of Probationary Employees to Be Awarded Another
Contract
Old Law On or before the first
Monday in May
New Law On or before March
15
The New Deadlines
Early notice retirement
Year end resignation
Vote: RIF terminations
Advance Notice: Transfer
Vote: Transfer list
Vote: Probationary list
December 1
February 1
February 1
February 1
March 15
March 15
Additional Provisions
Teacher contracts may be signed conditioned upon the issuance of a teaching certificate prior to the start of the employment term, if necessary to facilitate employment of employable professional personnel, and recent graduates of teacher education programs
who have not yet attained certification
House Bill 2566Malicious Assault and Battery
(In Effect July 10, 2009)
Handout, page 11
Makes it a felony to maliciously or unlawfully assault, a misdemeanor or felony (second offense)
to batter, and a misdemeanor to assault,
certain persons known by the perpetrator to be acting in an official capacity
Current Law Protects:
police officers probation officers conservation officers humane officers EMS personnel health care workers protective service workers firefighters State Fire Marshall or
employees Division of Forestry
employees county correctional
employees urban mass transportation
system employees court security personnel, or PSC motor carrier inspectors
or enforcement officers
New Law Protects:
any officer or employee of the state or a political subdivision
a person under contract with a state agency or political subdivision
health care workers employed by or under contract to a hospital, county or district health department, long-term care facility, physician’s office, clinic, or outpatient treatment facility
House Bill 3146Seniority Rights for Service
Personnel(In Effect July 10, 2009)
Handout, page 14
Current Law:Current Law: Consider Applicants for Consider Applicants for Posted Service Vacancies in This OrderPosted Service Vacancies in This Order
1. Regular service personnel A. currently employed in the classification category of the
vacancy
B. currently employed in another classification category
2. Service personnel whose employment has been discontinued in a RIF
3. Professionals who held temporary service jobs before 7/29/72 & apply for such positions
4. Substitute service personnel
5. New service personnel
New LawNew Law:: Consider “Qualified” Applicants in Consider “Qualified” Applicants in This OrderThis Order
Regular personnel holding a title in the classification Personnel whose employment has been RIF-
discontinued who have held a title in the classification Regular personnel who do not hold a title in the
classification Personnel whose employment has been RIF-
discontinued who have not held a title in the classification
Substitutes who hold a title in the classification Substitutes who do not hold a title in the classification New service personnel
New Law, Old Law, Side by Side1. Regular service personnel
A. currently employed in the classification category of the vacancy
B. currently employed in another classification category
2. Service personnel whose employment has been discontinued in a RIF
3. Professionals who held temporary service jobs before 7/29/72 & apply for such positions
4. Substitute service personnel
5. New service personnel
1.1. Regular personnel holding a Regular personnel holding a title in the classificationtitle in the classification
2.2. Personnel whose employment Personnel whose employment has been RIF-discontinued has been RIF-discontinued who have held a title in the who have held a title in the classificationclassification
3.3. Regular personnel who do not Regular personnel who do not hold a title in the classificationhold a title in the classification
4.4. Personnel whose employment Personnel whose employment has been RIF-discontinued has been RIF-discontinued who have not held a title in the who have not held a title in the classificationclassification
5.5. Substitutes who hold a title in Substitutes who hold a title in the classificationthe classification
6.6. Substitutes who do not hold a Substitutes who do not hold a title in the classificationtitle in the classification
7.7. New service personnelNew service personnel
New “Seniority” Right: AidesNew “Seniority” Right: Aides ““The assignment of an aide to a particular position The assignment of an aide to a particular position
within a school is based on seniority within the aide within a school is based on seniority within the aide classification category if the aide is qualified for the classification category if the aide is qualified for the position”position” Does the aide have a choice? Does this refer to the initial assignment? Might the
assignments change from year to year, or during a year, as different aides enter and leave the school?
Does the new right affect the aide “stay put” rules? Does it affect itinerant or countywide aides when assigned
to particular schools? Is a “transportation aide” assigned “within a school”? When a substitute is assigned for an absent aide, do the
assignments change based upon the substitute’s seniority?
New “Seniority” Right: CustodiansNew “Seniority” Right: Custodians ““Assignment of a custodian to work shifts in a school Assignment of a custodian to work shifts in a school
or work site is based on seniority within the or work site is based on seniority within the custodian classification category”custodian classification category” Does the custodian have a choice? Does this refer to the initial assignment? Might the
assignments change from year to year, or during a year, as different custodians enter and leave the school?
Can a more senior Custodian I, II, or III take the Head Custodian’s shift, relegating the Head Custodian to a shift where he or she is ineffective as Head Custodian?
What about multiclassified bus operator/custodians? Could the new seniority right complicate those multi-classifications or make the holders into “split shift” workers?
When a substitute is assigned for an absent custodian, do the assignments change based upon the substitute’s seniority?
FinanceFinance
Senate Bill 243 Senate Bill 243 General Obligation BondsGeneral Obligation Bonds
(In Effect July 9, 2009)
Handout, page 1
House Bill 2530Public School Support
(In Effect July 1, 2009)
Handout, page 10
BusinessBusiness
Senate Bill 464PEIA Fee for Paper Transactions
(In Effect July 9, 2009)
Handout, page 3
Senate Bill 492PEIA Retirement Requirements
(In Effect July 10, 2009)
Handout, page 4
Senate Bill 481Providing Documentation to PEIA
(In Effect July 10, 2009)
Handout, page 3
House Bill 3313Depositories May Provide Letters of
Credit(In Effect July 9, 2009)
Handout, page 17
Senate Bill 537Workers’ Compensation
(In Effect July 10, 2009)
Handout, page 5
Public Public OfficialsOfficials
Senate Bill 258Local Fiscal Bodies Not Liable for
Certain Deficits(In Effect April 11, 2009)
Handout, page 2
House Bill 2869Post-Election Financial Statements
(In Effect July 10, 2009)
Handout, page 13
House Bill 3208Appointing County Superintendents;
County Board Member Training(In Effect July 9, 2009)
Handout, page 15
RetirementRetirement
House Bill 2703State Teachers Retirement System
(In Effect July 6, 2009)
Handout, page 12
House Bill 2734Minimum Guarantees to Transferees
from Defined Contribution System(In Effect July 7, 2009)
Handout, page 13
House Bill 2870Extending Buyback Deadline to the State Teachers Retirement System
(In Effect April 11, 2009)
Handout, page 13
Some U.S. Supreme Court Some U.S. Supreme Court Decisions of Particular Interest Decisions of Particular Interest to Public School Administratorsto Public School Administrators
From our nation’s highest court
Handout, page 18
4. Forest Grove School District v. T.A.
Handout, page 19
IDEA authorizes reimbursing parents for private special education services when the public schools fail to provide FAPE, and the private placement is appropriate
This is the case even if the child never received special education services from the school district
5. Safford Unified School District #1 v. Redding
Handout, page 19
School searches must be reasonably related to their objectives and not excessively intrusive given the age and sex of the student and the nature of the infraction
A strip search is categorically distinct
Note: The Strip Search Rule in West Virginia
State of West Virginia ex rel Cathy Galford v. Mark Anthony B. (W. Va. Supreme Court, 1993) Two-stage inquiry:
Was the search justified in its inception? Was it conducted in a manner reasonably
related in scope to the circumstances justifying the search?
Was the search justified in its inception? Yes, if there are reasonable grounds for suspecting that the
search will turn up evidence that the student has violated or is violating either the law or the rules of the school
Totality of the circumstances Was the search justified in its scope?
Yes, if the measures adopted were reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction
Totality of the circumstances A search justified by reasonable suspicion for one item may
give rise to reasonable suspicion for another item
Some W. Va. Supreme Court Some W. Va. Supreme Court Decisions of Particular Interest Decisions of Particular Interest to Public School Administratorsto Public School Administrators
From our state’s highest court
Handout, page 20
1. Mayo v. West Virginia SSAC
WVSSAC is not a state agency
Its rules are not unconstitutional for failing to allow administrative review before a multi-game suspension is imposed for a rule violation
3. In Re: Charleston Gazette FOIA Request
Construe FOIA liberally in favor of disclosure; construe the exemptions narrowly
5-factor test of whether a disclosure of personal information would be an unreasonable invasion of privacy
4. Alderman v. Pocahontas County Board of Education
There are restrictions on a public employee’s right to free speech
To be protected, the employee’s speech must meet three standards
The employee has the burden to show his or speech is protected
Some Grievance Board Opinions Some Grievance Board Opinions of Particular Interest to Public of Particular Interest to Public School AdministratorsSchool Administrators
Before personnel issues land in the courts, they must often first visit the Grievance BoardHandout, page 22
1. Painter v. Kanawha - immorality; mitigation
2. Ketz v. Raleigh - grievance abandonment
3. Posey v. Lewis - incompetency
4. Ribas v. Monongalia - preschool sp. needs
5. Howell v. Mercer – posting details
6. Long v. Mason – disciplinary burden of proof
7. Wimmer v. Braxton – credibility of witnesses
8. Barber v. Mercer – standing to grieve
9. Jamison v. Monongalia – precedent; travel
10. Jamison v. Monongalia – summer subs
11. Nolan v. Wood – back pay; extended year
12. Scarbrough v. Fayette – summer seniority
13. Bailey v. McDowell – supts; intervention
14. Mullins v. Kanawha – no service subs
15. Smith v. Mingo – first set of 7 factors
16. Byrd v. Kanawha – lesson plans
17. Murphy v. Pleasants – timeliness; certificate
18. Shute v. Brooke – no math; board’s role
19. Martin v. Barbour – annual coach contracts
20. Liptrap v. Putnam – alternate procedures
21. Scyoc v. Monongalia – grievance trigger
22. Mullins v. McDowell – intervenors; errors
23. Barlow v. Mercer – discrimination motive
24. Williams v. South Branch – filing at level I
25. Browning v. Logan – deadline waivers
26. Fulmer v. Kanawha – tandem proceedings
27. Geho v. Marshall – conduct code; priors
28. Sanders v. Lincoln - error fix & new claims
29. Waggoner v. Cabell - correctable
30. Bowles v. Putnam - step-up domino
31. Toney v. Lincoln - fixing errors; relegation
32. Goodson v. Fayette - extra duty runs
33. Toney v. Lincoln - elements of reprisal
34. Graham v. Wood - extracurricular “recall”
35. Bailey v. McDowell - ignorance; trust
36. Mascaro v. Marion - subs as grievants
37. Henry v. McDowell - math; state intervention
38. Swick v. South Branch - level I filing; default
39. Straight v. Kanawha - errors don’t bind
40. Boothe v. Jackson - question abstraction
41. Lynch v. Raleigh - uniformity; classification
42. Summers v. Logan - penal enhancement
43. Romano v. Marion - imp. plan ≠ evaluatn
44. White v. Monongalia - summer extra duty
45. Gunnoe v. Raleigh - uniformity & retirees
46. Farmer v. Logan - 504 insubordination
47. Hudok v. Randolph - reprisal/retaliation
48. Morris v. Raleigh - expanding definitions
49. Fuccy v. Hancock - competency testing
50. Sisler v. Pocahontas - itinerant; waiver
51. Yeager v. Kanawha - temporary service sub
52. Browning v. Logan - default & consequences
53. Cook v. Logan - abandoned claims
54. Legg-Hendrickson v. Fayette - picket line
55. James v. Putnam - emergency subs
56. Hoover v. Wirt - insubordination; mitigation
57. Vanguilder v. Marion - job bid format
58. Daniel v. Fayette - waivers not implied
59. Nelson v. Boone - competency testing
60. Carder v. McDowell - voluntary resignation
61. Jenkins v. Jefferson - nonrenewal discretion
62. Rodriques v. Grant - force factors
63. Komorowski v. Marshall - retired & moot
64. Filberto v. Hancock - preferred qualifications
65. Carter v. Nicholas - principal silence
66. Darby v. Kanawha - credibility/burden of proof
67. Vance v. Jefferson - contract modification
68. Marsicano v. Marion - no longer preferred
69. Kowalsky v. Monroe - back pay limit
70. Bailey v. McDowell - asst. supt. licensure
71. Nelson v. Lincoln - state intervention; bumps
72. Ranson v. Kanawha - alien sub; no standing
73. Blackburn v. Brooke - labels; charges
74. English v. Logan - race discrimination
75. Farr v. Wood - aide/paraprofessional RIFs
Some State Superintendent Some State Superintendent Interpretations of Particular Interest Interpretations of Particular Interest to Public School Administratorsto Public School Administrators
When issued, they are often the only published advice on issues of school lawHandout, page 37
2. Weighted Grades
Changing grading policies after student registration and/or the beginning of classes is unfair and may be an abuse of discretion absent a non-arbitrary or compelling reason
3. Annual LSIC Report to Countywide Council
County boards are to be the Countywide Councils on Productive and Safe Schools that receive LSICs’ annual reports on productive and safe schools
LSICs should never review individual student disciplinary data
2009-10 Red Flag Legal Issues for School Administrators
Not always recognized as they develop
Costly in terms of time, resources, and leadership
1. Proper responses to allegations of employee misconduct
Reports to law enforcement Reports to Child Protective Services
Report abuse! W. Va. Code § 49-6A-2 (48 hours; principal’s duty)
Reports to State Police and State Superintendent Report deadly weapons! W. Va. Code § 61-7-11a (72 hours;
principal’s duty) Scrupulously following county policy in taking
complaints, investigating and acting Interview procedures, especially involving
students
2. Searches of students and their possessions What is a search?
Police action that intrudes upon and invades an individual’s justifiable expectation of privacy
Includes people, not just places Purses, pockets, backpacks, clothing, books, gym
bags Lockers and cars Urine, blood, breath
3. Disciplining students with disabilities
State statute v. reauthorized IDEA and State Policy 2419
Who is entitled to special procedures? Necessary elements of any manifestation
determination Consequences
4. Workforce realignments, including aides and custodians
House Bill 3146 (handout, page 14) Farr v. Wood County Board of Education
(handout, page 36) RIF-related terminations, non-renewals, and
transfers Other terminations, non-renewals, and
transfers Administrative reassignments Mutual agreements
5. Unauthorized expenditures
West Virginia Code 11-9-25 et seq. Accounting Procedures Manual Civil and possible criminal consequences Unauthorized manner Unauthorized purpose In excess of available funds for current year Be sure you have authority
6. Releasing Student Records
FERPA; State Policy Education records Personally identifiable information Right to review and contest Limited disclosure: exceptions
7. Evaluations and Improvement Plans State Board Policy 5310 (professional
employees); local policy (service personnel) Beginning of year explanation All time lines (conferences, due dates) Improvement plans, teams, periods, and
performance
8. Bullying and sexual harassment
Scrupulous adherence to the requirements of county policy
No “screening” of complaints unless expressly authorized by county policy
No insistence on written complaints Cannot turn a blind eye
9. Filling professional vacancies All openings must be posted There is no legal basis for preferring
regular employees over substitutes “in-county” applicants over “out-of-county”
If the process is unfair in a way that might have made a difference, the hiring decision may be reversed on that basis alone misapplication of the qualification criteria relatives on the interview team abuse of teacher applicant interviews pre-selection and pre-judgment reprisal
10. Off-Campus Student Behavior Technology abuse Physical altercations Arrests, juvenile offenses, criminal convictions Lifestyle choices Relationships Did off-campus, out-of-school misconduct have a
sufficient “nexus” with the school, and cause such a foreseeable disruption at school, that discipline is warranted for conduct that, if committed in-school or at a school-sponsored activity, would violate school rules?
Thank you for taking time to Thank you for taking time to update your understanding of update your understanding of the school lawsthe school laws
And thank you for all you do to improve And thank you for all you do to improve student achievement in West Virginia’s student achievement in West Virginia’s schoolsschools