New Laws and Hot School Topics

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23 Νοε 2013 (πριν από 3 χρόνια και 6 μήνες)

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New Laws and Hot School Topics

Susan Goldammer

Missouri School Boards’ Association

goldammer@msbanet.org

SB 253: Taxes


Governor vetoed but there is a huge
movement to override the veto.


Revises state tax code to lower individual and
corporate income taxes


When fully implemented, estimated it will
reduce state revenue by $800 million per year


Have you contacted your legislator?

HB 505: Changes in Child Abuse and
Neglect Laws


Child abuse reporting is no longer satisfied by
notifying designated agent. Mandated reporter
must report directly.


If
“reasonable
cause to suspect
,”
must report
first.


No
internal investigation until after report.


District
shall ensure that employee has
immediate and unrestricted access to
communications to make an immediate report
and is temporarily relieved of duties.


HB 505: Changes in Child Abuse and
Neglect Laws


Changes Amy
Hestir

requirement of reporting sexual
misconduct within 24 hours to same standard as other
abuse:
immediately.


Requires
to
adopt and implement training guidelines
and an annual training program for all employees who
are mandatory reporters by
January 1, 2014
.


-

Must directly and immediately
report.


-

Supervisors cannot
intervene.


-

No adverse employment
action.


-

Signs of sexual abuse and dangerous

relations

HB 256: Security Records Closed


Confidential: Operational guidelines, policies and
specific response plans for use in responding to
or preventing a terrorist attack.


Confidential: Existing or proposed security
systems and structural plans of real property
owned or leased by the district.


Confidential: The portion of a record that
identifies security systems or access codes or
authorization codes for security systems of real
property.


SROs and School Protection Officers


H
B 152: Allows school districts to
commission
law enforcement officers for school purposes.
(SPS already does!)


HB 152:
Mandated training for SROs


SB 42: Creates training for school protection
officers. What are those??



SB 75: Armed Intruder


Active shooter training and drills


More to come as your district contemplates
options


All schools must “foster an environment in
which students feel comfortable sharing
information they have regarding a potentially
threatening or dangerous situation with a
responsible adult.”



SB 75:
Eddie the Eagle


Districts and charter schools
may

annually
teach the Eddie Eagle
Gunsafe

Program to first
grade students or a similar program
.



Stay tuned! SPS has not made any decisions
on Eddie!

HB 215: Reporting Crimes to Law
Enforcement


Forcible
rape = Rape in the 1st degree


Sexual assault = Rape in the 2nd degree


Forcible sodomy = Sodomy in the 1st degree


Deviate sexual assault = Sodomy in the 2nd
degree


Sexual abuse = Sexual abuse in the 1st


Sexual misconduct in the 1st = sexual abuse in the
2nd


Sexual misconduct in the 2nd = in the 1st


Sexual misconduct in the 3rd = in the 2nd


HB 675: Cade’s Law


DESE will shall
develop and adopt rules relating to
a physical fitness challenge for elementary,
middle, and high school level students.


The
challenge
will include minimally elements
that address physical conditioning, flexibility,
strength, and aerobic capacity and shall recognize
individual, team, and school
-
wide performance
.


No requirement to implement.


Also provision on diabetes care


more info later.


SB 17: Certification and Retirement


Removed expiration date for Missouri
certification based on certification by the
American Board for Certification of Teacher
Excellence (ABCTE)


Revises teacher retirement statutes to allow
retirement with less than 30 years of service
and to extend until 2014 the higher multiplier
for 31 years of service or more


SB
17: Religious Books


Books of a “religious nature” may be used in
elective courses in literature and history as
long as the use does not violate the 1st
Amendment


Always allowed!


Even allowed in non
-
elective courses


HB 103: Texting/Calling While Driving


Prohibits any person from operating a
commercial vehicle while using a hand
-
held
mobile telephone or a wireless
communication device to send, read, or write
an electronic message.


Does not apply to devices permanently
embedded in the vehicle
.


Hot Issue: When can/should employees be
able to use their personal devices?




Illegal Discrimination/Harassment and
Retaliation



Race


Color


Religion


Sex (gender)


National Origin




Ancestry


Disability


Age


Genetic Information


Illegal Discrimination/Harassment and
Retaliation

Illegal when . . . .


Between
employees


Between
students


Between employees and
students


Between public and employees or
students


Cannot aid or coerce others to do so either


Discrimination/Harassment and
Retaliation


Primary reason districts and employees are
sued


Now easier than ever to find
districts/employees liable


Must prohibit, must train, must report, must
discipline


no excuses ever


Teach your employees how to identify and
how to react


GBH: Student/Staff Relations


Read it and follow!


Trying to prevent problems before they
happen and catch adults grooming students.


Not trying to limit healthy relationships
between staff and students but staff must
protect themselves from false accusations as
well.

OCR Guidance on Students with
Disabilities and Athletics


http://
www2.ed.gov/about/offices/list/ocr/letter
s/colleague
-
201301
-
504.html
.


Districts
are not providing equal access to
disabled students as required under Section 504
of the Rehabilitation Act of
1973.


Districts may not operate programs or exclude
students based on generalizations, assumptions
and prejudice.


Districts must ensure an equal opportunity to
participate in all district extracurricular athletics
by providing reasonable accommodations.


OCR Guidance on Students with
Disabilities and Athletics


Districts should offer separate or different
athletic opportunities so that more students
with disabilities may participate in athletics.


Encourages districts to consider adding
activities, but does not require.


District
-
wide or regional teams


Co
-
ed teams


Allied or unified sports


What Does it Mean for Me?


Remind/train coaches of the law


R
eview notification and tryout processes to make
sure your district is not inadvertently excluding


Might receive more requests by students/parents
to participate due to OCR publicity


Might result in more OCR complaints against your
district that you will need to help defend against


Might receive more pressure to consider
additional activities for the disabled

What Does it NOT Mean?


The law did
not

change.


You do
not

have to have quotas of disabled
students in your activities.


You do
not

have to automatically place
disabled students on teams. They must try
out like everyone else.


You do
not

have to alter the activity so much
that it is fundamentally unfair to others.

OCR Guidance on Students with
Disabilities and Athletics

Action Plan

1.
Listen
to Parents/Students
that want
to
participate

2.
Contact the 504 Coordinator

3.
The 504 Team
determines
if the
student has
a
disability

4.
504 Team
decides on participation and
accommodation

5.
Follow the plan

OCR Guidance on Pregnant Students


http://
www2.ed.gov/about/offices/list/ocr/do
cs/pregnancy.html


In 2011, 329,000
young women ages 15 to 19
years
gave birth


27.8 percent of the
female students
who were
sophomores
in 2002 and subsequently
dropped out did so due to pregnancy




OCR Guidance on Pregnant Students


Protected under Title IX


Cannot exclude from school, extracurricular
activities, awards, classes due to pregnancy


Cannot require participation in a separate
program or specific make
-
up program


Cannot require a doctor’s note unless required
for other students in doctor’s care


OCR Guidance on Pregnant Students


Must accommodate (larger desks, more
bathroom breaks, access to elevator)


Must excuse absences, allow to make up
work, allow to finish at a later date


Individual teachers cannot override rules!


Includes a list of “suggestions” for
administrators, teachers and counselors




Cyberbullying
:
S.J.W. v. Lee’s Summit


Twin brothers created a website with a blog
specifically to vent about the high school


Posted a variety of offensive and racist
comments, as well as sexually explicit and
degrading comments about named students


Some evidence that district computers were used
to access the site.


District witnesses claimed substantial disruption,
but students claimed there was not


Cyberbullying
:
S.J.W
. v. Lee’s Summit


District suspended students for 180 days, but
allowed the students to enroll in the
alternative school.


Parents sued based on First Amendment and
sought preliminary injunction.


Federal court refused to issue injunction,
finding enough evidence that students would
not likely win in final trial.

Cyberbullying
:
S.J.W. v. Lee’s Summit

Factors Court considered:


F
oreseeable that posts would reach students at
school


Speech was purposely designed to reach the
school campus


Page accessed with district’s computers


Teachers had trouble managing classes


Media showed up


Parents concerned about safety, bullying and
discrimination

Dress Code Legal Issues


Liberty Interest in Personal
A
ppearance: Do not
prohibit unless:


a) Safety


b) Material and substantial disruption


First Amendment: Cannot prohibit messages unless


a) Threat (rare)


b) Material and substantial disruption


c) Promotes illegal drug use


d
) Contrary to the educational


environment


B
ut see
§
167.166,
RSMo
.!!!!

Dress Code Legal Issues

§
167.166.7,
RSMo
.:

No employee of or . . . school district
administrator of a public school . . . Shall direct a
student to remove an emblem, insignia, or
garment, including a religious emblem, insignia
or garment, as long as such emblem, insignia or
garment is worn in a manner that does not
promote disruptive behavior
.

What Would You Like to Know?