Adjusting to Change: A Adjusting to Change: A Legal and Legislative Legal and Legislative UpdateUpdate

RESA 7 – 2010 Administrators ForumRESA 7 – 2010 Administrators ForumAugust 9, 2010August 9, 2010

Howard Seufer, Jr. Howard Seufer, Jr. hseufer@bowlesrice.com 304-347-1776 304-347-1776

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

Gene Bailey - Prevailing Wage

Bob Bays - Eminent Domain

Rick Brown - Employee Disability

Joe Caltrider - Personal Injury Defense

Pat Clark - Contracts

Mark D’Antoni - Real Estate

Carl Fletcher - Building Construction Disputes

Kit Francis - Creditors Rights

Jill Hall - Employee Benefits

Bob Kent - Personal Injury Defense

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 school law resources to help you keep up-to-date all year long

An overview of new legislation affecting public education in West Virginia

Recent decisions of the courts impacting public education

Recent Significant Public Employees Grievance Board decisions

Some School Law Resources To Some School Law Resources To Help You Keep Up-to- Date All Help You Keep Up-to- Date All Year LongYear Long

““School Laws of West Virginia”School Laws of West Virginia” Beware! The latest edition and its CD-ROM are

already out of date! Current versions of the new statutes are typically

available at the West Virginia Legislature’s website shortly after they go into effect

Once the Governor signs bills enacted by the Legislature and we have carefully reviewed them, we post on the Bowles Rice website (www.bowlesrice.com),and send to people on our eNewsletter list, summaries of new education-related legislation with active links to the House and Senate bills

E-UpdatesE-Updates

E-Newsletter Mailing ListE-Newsletter Mailing List E-Newsletter Mailing List Send an email to Sarah Plantz:

splantz@bowlesrice.com Tell Sarah:

Who you are Your position in public education Your school board’s name That you want to receive the E-Newsletter

Is There a Doctor in the House? Serious Student Health Care Issues in the Public Schools September 15, 2010 – Charleston

By the Book: The Fundamentals of Professional and Service Employee RIFs, Transfers and Non-Renewals November 3, 2010 -- Charleston

Beyond the Basics: Sticky Issues Involving Professional and Service Employee RIFs, Transfers, and Non-Renewals November 4, 2010 -- Charleston

Signature Series E-Invitation ListSignature Series E-Invitation List Signature Series E-Invitation List Send an email to Sarah Plantz:

splantz@bowlesrice.com Tell Sarah:

Who you are Your position in public education Your school board’s name That you want to receive Signature Series E-

Invitations

Caution!Caution! These materials are presented with the

understanding that the information provided is not legal advice

The law changes. Information contained in this presentation may become outdated

Before using this information, always research original sources of authority and update the information to ensure accuracy when dealing with a specific matter

No person should act or rely upon the information contained in this presentation without seeking the advice of an attorney

An Overview of New Legislation An Overview of New Legislation Affecting Public Education in Affecting Public Education in West VirginiaWest Virginia

Handout, pages 1-21

Despite What You May Have Heard, These Bills Did Not Pass in the Regular

Session or Were Vetoed Revising the professional vacancy-filling provisions

of W. Va. Code § 18A-4-7a Creating calendar committees in each county Authorizing a four-day school week Preventing a professional educator from taking a

coaching position away from a citizen coach Restoring the “old” personnel action deadlines Authorizing use of retirees as substitute teachers for

more than 140 days per year

Seven Categories of LegislationSeven Categories of Legislation

A. PersonnelB. Quality InstructionC. StudentsD. Public OfficialsE. FinanceF. BusinessG. InsuranceH. RetirementI. Miscellaneous

A. PersonnelA. Personnel

House Bill 3152Athletic Trainers Registration

Act(In Effect June 11, 2010)

Handout, Page 1

House Bill 3152

Can’t be an “athletic trainer” without registering with WV Board of Physical Therapy

Grandfather clause: Secondary school trainers practicing under State Board policy before July 1, 2011

Board of Physical Therapy regulates and polices registered athletic trainers

House Bill 3301Verifying Employees’ Legal

Employment Status(In Effect June 7, 2010)

Handout, Page 1

House Bill 3301

Misdemeanor: not keeping, at place of employment, proof of employee status. $100 per offense.

Labor Commissioner can order employer to produce records verifying workers legal employment status

Failure to produce records in 72 hours: citation “prominently presented” to magistrate or Circuit Court judge

House Bill 4512Service Personnel

(In Effect July 1, 2010)

Handout, Page 6

House Bill 4512

Each service personnel posting Work site Starting and ending times

Each aide classification posting Program or primary assignment of position

“Director or Coordinator of Services” Can’t be “exclusively assigned to perform the

duties of any other class title” Can be multi-classified

House Bill 4512

School Bus Supervisor Must be or have been certified to operate a bus After July 1, 2010, a person first employed with

the class title must have five years experience working in a county board’s transportation department as a bus operator, or bus aide, or mechanic, assistant mechanic, or chief mechanic, or clerical employee

House Bill 4512 “Itinerant Status”

“A service person who does not have a fixed work site and may be involuntarily reassigned to another work site” Does not include a worker assigned to a beginning and

ending work site who, at county expense, travels during the daily schedule

Obtained only by bidding or agreeing to accept Only allowed

for aide and autism mentor classification categories, and if job duties involve exceptional students

House Bill 4512 (Itinerant status)

Itinerant status employee may be assigned to a different work site without posting or consent with 10 days prior notice Involuntarily, only 2 times per school year

At end of school year, must post positions that have been filled, without posting, by an itinerant

Bus operator certification test frequency Substitutes and probationary: annually Continuing contract, retiree subs with 10 years

regular experience: triennially

Senate Bill 183Diesel-Powered Motor Vehicle

Idling Act(In Effect June 11, 2010)

Handout, Page 11

Senate Bill 183 Generally prohibits driver or owner from causing

engine to idle more than 15 minutes in any 60 minute period Diesel vehicles with GVW over 10,000 lbs.

18 exceptions Highway traffic or control Prevent safety/health emergency with defroster or air

conditioner (not a rest period) Installing equipment Manufacturer’s requirement or warranty Required for maintenance or federal/state inspection Maintain adequate temperature for passengers on board Queuing up off school grounds to pickup or discharge

students, and required by physical configuration

Senate Bill 183

Owner or operator of location where vehicles load or unload, or that provides more than 15 parking spaces for such vehicles: must post permanent sign

Violations of Act: misdemeanors with $150-300 fine

Senate Bill 396Commercial Driver’s License

(In Effect June 11, 2010)

Handout, Page 14

Senate Bill 396

Bus operator must have appropriate DMV license and comply with Uniform Commercial Driver’s License Act and State Board rules

Must surrender old license to renew or get duplicate with updated information from DMV

DMV must suspend license of CDL holder when another state or jurisdiction reports a failure to pay fines or appear for violation of state or local traffic laws

Senate Bill 396

Increased fine on employer that allows or requires driver of commercial vehicle to violate any RR highway grade crossing law Was $10,000 Now $25,000

Longer disqualification period for operating commercial vehicle after conviction for violating out-of-service order And greater fine and civil penalty

Senate Bill 2006School Committees & Teams

(In Effect July 21, 2010)

Enacted at the Special Session in July

Senate Bill 2006 State Board to study each school team and

committee created by state law or policy Assess time and paperwork requirements Consider alternatives

A school may apply to replace or augment its strategic planning committees, technology team, and/or school support team Application State Board to approve after faculty senate, LSIC,

county superintendent and county board approve Appeals process if county superintendent or

board disapprove

B. Quality InstructionB. Quality Instruction

House Bill 4040180-Day Instructional Term

(In Effect July 1, 2010)

Handout, Page 3

House Bill 4040 Eliminates August 26 and June 8 limits on

beginning and end of instructional term Each board must have an “icy conditions and

emergencies plan” to guarantee 180 days of instruction

HB 4040 does NOT change requirements that the instructional term fall within 200-day minimum

employment term, and the 10-month minimum employment term for

service personnel fall within 43 weeks

House Bill 4436High Quality Educational

Programs(In Effect June 9, 2010)

Handout, Page 5

House Bill 4436 “Process for Teacher Collaboration to

Improve Instruction and Learning” Established by faculty senate, with principal’s

approval as either an alternative, or in addition to, the school curriculum team

Mission: Review student performance with multiple measures Identify strategies to improve it Make recommendations for improvement to be

implemented if principal approves Members: faculty senate selects

House Bill 4436

State Board-provided optional testing and assessment instruments School may use with approval of school

curriculum team or the teacher collaborative process

School cannot be cited, nor can principal in his/her evaluation, for exercising discretion in using them (or for implementing instructional strategies & programs the school determines best to promote student achievement)

House Bill 4436 School curriculum teams may apply for

waivers from: policies requiring that students be assessed using

a specific assessment except WESTEST2, Alternative Performance Task

Assessment, Online Writing Assessment, and NAEP policies requiring a specific instructional strategy

or program to achieve content standards for courses required by the State Board

approved and adopted instructional resources if the team judges that resources best suited to teach school’s curriculum aren’t available through the normal adoption process

House Bill 4436 Revised element of process for improving

education A “system of accountability for continuous

improvement” High quality standards to build capacity to meet

rigorous outcomes Additional trigger for low performing school

status When the most recent statewide assessment in

reading and math, or other multiple measures determined by the State Board, show that school was low performing at its programmatic level in 3 of the last 5 years

House Bill 4436 Team of consultants for low performing

school now comes from the “WV Department of Education State System of Support” No longer a 60-day deadline to make

recommendations for correction No longer must State Board approve team’s

recommendations County board has one year (not 6 months) to

make satisfactory progress Additional time possible A failure to make satisfactory progress = temporary

approval status

House Bill 4669Statutory Exceptions for

Certain Innovation Zones(In Effect June 9, 2010)

Handout, Page 10

House Bill 4669 The Legislature grants exemptions for State

Board-approved innovation plans Piedmont Elementary (Kanawha County)

Planning period statute, class size statute Putnam County Secondary Schools Consortium

School calendar statute Nellis Elementary (Boone County)

LSIC statute Cabell County Secondary Schools

Compulsory attendance statute; beginning teacher internship statute

House Bill 4669

An approved exemption automatically ends if purpose for exemption is changed by plan

modification or implementation, or State Board withdraws plan or revokes zone

Senate Bill 631Updating Textbook Selection

Process(In Effect July 1, 2010)

Handout, Page 18

Senate Bill 631

The textbook adoption process is altered “Textbooks” are now “instructional resources”

and include electronic resources and resources that are updated on an ongoing basis

Adoption cycle: a single 6-year limit within which State Board schedules periods of adoption

County “instructional resource adoption committees” may request waivers of the adoption cycle

Senate Bill 631 Without having to comply with adoption

procedures, counties may, to supplement items on the state multiple list, purchase software print and electronic magazines print and electronic newspapers other electronic periodicals licensed or subscription-based resources

Excess levies for “textbooks” now cover software electronic periodicals print and electronic magazines & newspapers

Senate Bill 631 With State Board approval, counties may,

before the end of a contract period, choose not to renew an electronic instructional resource and replace it with another from the official multiple listing

Vendors, with notice to the State Board, may change and update the navigational features and content of adopted electronic resources

Vendors must continue to support adopted versions & cannot require purchase of a new operating system

Senate Bill 631

State Board may create a standing committee for each subject and grade level to review new or revised instructional resources submitted after the initial approvals for adoption

With agreement of all RESA county superintendents, a RESA instructional resources team (with representatives of all the RESA counties) may review resources on the multiple list and make recommendations to each superintendent for

consideration and adoption by each county board

Senate Bill 631

Equity: If a county adopts electronic instructional resources, it must: ensure equity of access to all students have a plan to provide equity of access at home, if

necessary, through alternate avenues such as print software hardware support

Senate Bill 2009Pilot Programs to Increase

Academic Achievement(In Effect July 21, 2010)

Enacted at the Special Session in July

Senate Bill 2009 State Superintendent to establish one 5-year

“special community development” pilot program in one public school with significant enrollments of disadvantaged, minority, and underachieving students

Pilot school to collaborate with Higher education organizations State Board

Goal: Develop and implement strategies that could be replicated in other schools

C. StudentsC. Students

House Bill 4223School Bus Safety(In Effect June 11, 2010)

Handout, Page 3

House Bill 4223 Increased penalties for overtaking and passing a

stopped school bus 1st offense: $150-300 fine and/or up to 6 months in jail;

mandatory license suspension for 30 days 2nd offense: $300 fine and/or up to 6 months in jail;

license suspension for 90 days 3rd and additional offenses: $500 fine, at least 24

hours (and up to 6 months) in jail; license suspension for 180 days

Willful violations Serious injury: Felony. $500-2,000 fine; 1-3 years in

prison Death: Felony. $1000-3000 fine; 1-10 years in prison

House Bill 4223

Driver, not owner, may be charged Boards are authorized to mount a camera on

any school bus to help enforce the law State Police must publicize new provisions of

law But only to the extent of available funds

Only the driver can now be penalized, not the owner

House Bill 4593High School Graduation

Improvement(In Effect July 1, 2010)

Handout, Page 7

House Bill 4593 The “High School Graduation Improvement Act”

Shift in focus from compelled attendance to programs that engage and inspire students

Increased age for compulsory attendance Until the 17th birthday (rather than the 16th) Effective with the 2011-2012 high school freshman

class Exemption for high school graduation is

amended Now includes completion of an alternate secondary

program approved by State Board

House Bill 4593 Commits State of West Virginia to

Continue exploring instruction delivery strategies to accommodate different learning styles

Focus on statewide dropout intervention and prevention for students who have academic difficulty

Statewide credit recovery program, to include virtual schools

Establish up to 5 more juvenile drug courts Invest in programs to engage disconnected and

discouraged student

House Bill 4593 Directs State Superintendent and Board to:

Pursue GED Option designation for state, then implement program for students in high school to pursue

GED diploma offer the GED option at Mountaineer Challenge

Academy Expand Techademics (subjects and available

credit) and HSTA (to any school with any grades of eligible students

Provide dropout information to Mountaineer Challenge Academy

House Bill 4593 Requires each county board to:

Develop a plan for using available funds to implement the intent of the new Act

Include in its alternative ed. program a plan, to be approved by the State Board, with strategies to Increase the graduation rate Identify at the earliest possible age students at risk of

dropping out Provide more options for delivering academic credentials and

career-technical training to interested at-risk students (examples in statute)

Students at grade 9 and higher at risk of dropping out may be allowed in career and technical education programs that only accept students in certain upper grade levels

Senate Bill 533Revising Statutory Language

Related to Child Abuse(In Effect June 11, 2010)

Handout, Page 16

Senate Bill 533

Technical correction ensures that parents, guardians, custodians, and persons in positions of trust can be convicted of abuse not only for procuring a person to engage in sexual exploitation of a child, but also for allowing that to occur

Senate Bill 2010Pilot Programs for Alternative Schools in Elementary and

Middle Schools(In Effect July 21, 2010)

Enacted at the Special Session in July

Senate Bill 2010 Goal:

Remove disruptive students from the regular classroom

Make it possible for them to return without further disruptive behavior

State Board must amend alternative education policy to add uniform definitions of disruptive student behavior standards for placing students in alternative

settings or other intervention

Senate Bill 2010

State Board to establish five pilot projects elementary or middle schools or both employ alternative schools or other placements

for disruptive students to learn appropriate behaviors

reports to State board and Legislature will gauge effectiveness of projects in maintaining student discipline

D. Board MembersD. Board Members

Senate Bill 391Board Members’ Eligibility

(In Effect February 22, 2010)

Handout, Page 13

Senate Bill 391 2009 legislation barred school board

candidates and members-elect from: also being employed by the board on which they

seek to serve running for or holding any other public office being a candidate for or serving as an elected

member of a political party executive committee being a candidate for or serving as a delegate or

alternate to a national political convention Soliciting or receiving political contributions to

support or retire campaign debt of a candidate for partisan office

Senate Bill 391

Senate Bill 391 repealed those rules as to candidates and members-elect

Note: However, sitting school board members are bound by all those restrictions

E. FinanceE. Finance

House Bill 4031Flexibility in Funding RESAs

(In Effect July 1, 2010)

Handout, Page 2

House Bill 4031

Keeps state aid formula RESA allowance at .63% of allowance for professional educators

Caps the RESA allowance at $3,990,000 instead of $4,200,000

Authorizes State Board to decide distribution to RESAs

House Bill 4037Federal Subsidy Bonds

(In Effect February 25, 2010)

Handout, Page 2

House Bill 4037

Allows entities with bonding authority to issue federal subsidy bonds, including some Build America Bonds under the American Recovery and Reinvestment Act of 2009

Exempt from West Virginia tax Issuing agency may elect to receive periodic

credit payments from the U.S. Treasury to offset interest paid on bonds and pay future debt service

House Bill 4211Funding of Programs for Limited English Proficient

Students(In Effect June 9, 2010)

Handout, Page 3

House Bill 4211

Appropriations funneled through the State Department to supplement required programs for LEP students must be used by counties to supplement the cost of programs for which they have insufficient funds

State Department must consider the proficiency levels of student and a county’s capacity to deliver needed programs

Counties must apply for funding

Senate Bill 229School Building Authority

Bonds(In Effect March 13, 2010)

Handout, Page 12

Senate Bill 229

Allows the SBA to have $500 million in bonds outstanding at any one time

Excludes certain bonds from the $500 million calculation

Senate Bill 237Lottery Revenue Bond Act

(In Effect March 13, 2010)

Handout, Page 12

Senate Bill 237 Certain county boards may issue revenue

bonds secured by and payable only from lottery revenue

To be eligible, a county board must be in a county that has adopted the Local Powers

Act, and in a county that has a racetrack that has

participated since January 2, 1991, in the W. Va. Thoroughbred Development Fund, and

receiving lottery revenues.

Senate Bill 401Ad Valorem Property Taxes

(In Effect June 11, 2010)

Handout, Page 14

Senate Bill 401

Adjusts the calculation of available local funds under the state aid formula’s calculation of local share to account for any final decision of a Board of Assessment Appeals to refund or credit property taxes paid in prior years

Senate Bill 547School Board Levies

(In Effect March 13, 2010)

Handout, Page 16

Senate Bill 547

Corrects an inconsistency in the date when a county board must meet as a levying body if a levy is on the ballot for the primary election The March 7-28 meeting window and the

resumption of the levying meeting on the third Thursday of April, are postponed so that the board may lawfully meet before June 1

Senate Bill 548Boone County Board of Education Meeting as a

Levying Body(In Effect February 26, 2010)

Handout, Page 16

Senate Bill 548

Gave extra time (until May 28) to the Boone County Board, in 2010, to meet as a levying body, set the levying rate, and certify its actions

Purpose: To allow time for the Board to submit an excess levy renewal to the voters Unless renewed, the levy would expire on June

30, 2010

F. BusinessF. Business

House Bill 4359Local Labor for Public Construction Contracts

(In Effect June 9, 2010)

Handout, Page 4

House Bill 4359

Old West Virginia Jobs Act: On public improvement construction projects of $1

million or more, 75% of the employees must come from any West Virginia county or from within 75 miles of the state boarder

Amended West Virginia Jobs Act: On public improvement construction projects of

$500,000 or more, 75% of the employees must come from any West Virginia county or from within 50 miles of the state border

House Bill 4615Workers’ Compensation Risk

Pools(In Effect March 12, 2010)

Handout, Page 9

House Bill 4615

Political subdivisions may establish risk pools to insure their workers compensation risk, but only in accordance with regulations to be enacted by the Insurance Commissioner

Senate Bill 573Publishing Audits

Electronically(In Effect June 11, 2010)

Handout, Page 17

Senate Bill 573

A county board’s annual audit report will now be published electronically if it discloses misfeasance, malfeasance, or nonfeasance by a public officer or employee

Written notices of the electronic publication go to the school board’s legal authority, the prosecuting attorney, and the Attorney General

Senate Bill 633Depositing Public Funds

(In Effect June 11, 2010)

Handout, Page 19

Senate Bill 633

School board funds may now deposited in accounts that are periodically swept into multiple federally fully insured deposit accounts through a deposit placement program with full federal insurance

G. InsuranceG. Insurance

Senate Bill 442Offsetting Certain PEIA

Retiree Premium Increases(In Effect March 13, 2010)

Handout, Page 15

Senate Bill 442

Allows for annual retiree PEIA premium increases to be offset with monies from the Retirement Health Benefit Trust Fund

Senate Bill 446Insurance for Deceased Public

Employees’ Survivors(In Effect June 11, 2010)

Handout, Page 15

Senate Bill 446

Clarifies that deceased public employee’s surviving spouse and dependents may participate only in PEIA comprehensive group health insurance coverage to which the deceased was entitled

Surviving spouse and dependents bear the premium cost

Senate Bill 449PEIA Preexisting Conditions

Limitations(In Effect June 11, 2010)

Handout, Page 15

Senate Bill 449

Repeals prior rule prohibiting PEIA from paying for expenses incurred by participants in their first year in connection with a preexisting condition

PEIA enrollment and plan selections may be made only at the time of hire, or during the annual open enrollment period, or when a “qualifying event” occurs

H. RetirementH. Retirement

Senate Bill 553Extended Time to Purchase

Full Service Credit(In Effect March 6, 2010)

Handout, Page 17

Senate Bill 553

Extended the time for certain members of the State Teachers Retirement System to purchase additional service credit for service in the Teachers’ Defined Contribution Retirement System

I. MiscellaneousI. Miscellaneous

Senate Bill 648Repealing Outdated and

Obsolete Education Code Provisions

(In Effect June 11, 2010)

Handout, Page 19

Senate Bill 648

Repeals outdated and obsolete Code provisions: The West Virginia Share in Your Future Act Certain Teachers Retirement Board provisions

ResolutionsResolutions

Resolutions

HCR 58: Labor History Week The week following Labor Day

HCR 102: Fostering Innovative Planning Strategies Matching grant program

SR 17: Encouraging a New Approach to Truancy Nicholas and Taylor County Circuit Courts

Recent Decisions of the Courts Recent Decisions of the Courts Impacting Public EducationImpacting Public Education

Handout, pages 22-23

United States Supreme Court

City of Ontario, Californiav.

Quon

(Searching Government Cell Phones)

Handout, Page 22

WV Supreme Court of Appeals

1. Associated Pressv.

Canterbury

(Email under FOIA)

Handout, Page 23

WV Supreme Court of Appeals

2. State ex rel Marshall County Commission

v.Carter

(Executive sessions aren’t sacrosanct)

Handout, Page 23

WV Supreme Court of Appeals

3. Risslerv.

Jefferson County Board of Zoning Appeals

(The appearance of partiality)

Handout, Page 23

Recent Significant Public Recent Significant Public Employees Grievance Board Employees Grievance Board DecisionsDecisions

Handout, pages 24-35

1. Lanham v. Putnam CountySecond grievance on same claimTime for grieving discrimination

2. Hatcher v. Raleigh CountyDidn’t apply? Can’t grieve selection process

3. Bennett v. Randolph CountyExcuses for untimely grievances

4. Stephens v. Wayne CountyBus operator’s primary employment

5. Jones v. Fayette CountyBus operator’s DUI charge has nexus

6. Midcap v. Fayette CountyDriving board-owned vehicles to & from work

7. Robertson v. Wayne CountyMisclassification; reclassification

8. Wimmer v. Braxton CountyRules re getting paid from two public jobs

9. Schifano v. Monongalia CountyPlanning period work not always teacher’s choice

10. Hoke v. Monroe CountyRetaking service personnel competency tests

11. Shroads v. Hancock CountyBoard member relying upon faulty information

12. Young v. Marshall CountyNo application? Can’t grieve posting or selection

13. Young v. Marshall CountyService personnel preference in consolidations

14. Conrad v. Grant CountyDisciplinary letter detail; off-work misconduct

15. Seeley v. Upshur CountyEvaluations & improvement plans aren’t discipline

16. Brockman v. Kanawha CountyDisciplinary labels; immorality

17. Walker v. Fayette CountyExpanded service personnel duties

18. McMann v. Jefferson CountyHarassment requires more than one incidentBad language toward supervisor = insubordination

19. McMann v. Jefferson CountyCorrectable incompetency?

20. Mullins v. Hancock CountyNo policy changes absent a legal mandate

21. Kirk v. Lincoln CountyEmployee Code of Conduct violationDeference to employer’s judgment on punishment

22. Kimble v. Kanawha CountyHostile or abusive work environment definedNexus misdemeanors may warrant dismissal

23. Clark v. Putnam CountyDiscrimination is a continuing practice

24. Guido v. Harrison CountyLate appointment doesn’t itself warrant reliefAssistant superintendent contract terms

25. Baker v. Pocahontas CountyWhen part-time teachers get planning periods

26. French v. Mercer CountyAdministrator hiring need not be mathematical

27. Prickett v. Monongalia CountyBus operator schedules need not be uniformSeniority needn’t control service transfers

28. Shanklin v. Kanawha CountyPartial RIF: multiclassified service personnel

29. Evans v. Marshall CountyArbitrary and capricious decisions

30. Layne v. Boone CountyBus operators taking insulin

31. Richards v. Kanawha CountyReminders and notices by email

32. Bishop v. Preston CountyProbationary nonrenewals are not disciplinary

Treasurer’s bond

33. Clark v. Wayne County

Policy changes and discrimination theory

34. Lucas and Tucker v. Raleigh County

Summer workers contracted by third party

35. Brewer v. Mercer County

New burden in service nonselection cases?

36. Redd v. McDowell County

Functional demotion

37. Webster v. Wood CountyEvaluations based on matters not observed

38. Ellison v. Fayette County

Extra-duty v. extracurricular service work

39. Hill v. Barbour County

Reclassifications & the non-relegation clause

40. Powell v. Hancock County

When substitute service seniority begins

41. Withrow v. Kanawha County

Put extra service qualifications in the posting

42. Samples v. Kanawha CountyFilling summer professional vacancies; Reprisal

43. Dunlap v. Marshall County

Secretary III v. executive secretary

44. Cottrill v. Gilmer County

Intemperance; cruelty; misdemeanor nexus

45. Eaves v. Wayne County

Two years experience to be autism mentor

46. Eisentrout v. Preston County

Summer school “same assignment” as last summer

47. Stephens v. Wayne CountyNo relief if not “next in line”

48. King v. Hancock County

Offering service substitute assignments in rotation

TSSI systems; calling times

49. Bennett v. Randolph County

Appeal disciplinary suspensions & expulsions one of two ways

Thanks for your input Thanks for your input today!today!

And genuine best wishes for a safe and And genuine best wishes for a safe and successful school year 2010-2011!successful school year 2010-2011!

Red Flag Legal Issues for 2010-11

1. Assignment and use of aides

2. Bullying and harassment

3. Unauthorized use of funds

4. Misconduct outside of school and work

5. Evaluations and improvement plans

Red Flag Legal Issues for 2010-11

6. Divulging student information

7. Disciplining students with disabilities

8. Private matters that come to school

9. Searches of students and their possessions

10. Technology-assisted misconduct