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. [hseufer@bowlesrice.com]Howard Seufer, Jr. [hseufer@bowlesrice.com]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Also, due to the rapidly changing nature of the law, information contained in this presentation may become outdated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