Lorraine Wilson, J.D.Olympia, Washington

July 28, 2014

lorraine@pfrwa.com(206) 622-0203

WASA New Superintendent

Workshop: Legal Issues Facing the

Superintendent

Session Overview

• Knowing which Attorney to Call General Legal Issues Legal Issues with Insurance Coverage Professional Legal Issues

• Legal Requirements, Professional Ethics and Public Perceptions

• Your Relationship with the District’s Attorney(s)

Which Attorney: General Legal Issues

• Property transactions• Policy development or review• Student discipline• Employee relations and management• Contract development or review• General compliance issues: bidding, public

records, open meetings, conflicts of interest, etc.

How to Find a School Attorney

• For general school district legal issues, use an experienced school attorney

• If your district does not have a relationship with a school attorney, contact the Washington Council of School Attorneys

• WSSDA provides office support for the Council, call (800) 562-8927 for a copy of the roster to identify school attorneys in your area

Which Attorney: Covered Incidents

• Injuries to students, patrons or others: bus accidents, sports injuries, slips and falls, etc.

• Allegations of employee misconduct that implicate injuries to students or staff: improper restraint, sexual abuse, discrimination, etc.

• Employee challenges to discipline or discharge that allege retaliation or discrimination

• Note: It is never wrong to call the insurance provider first if you are not sure whether there might be coverage or not

Which Attorney: Professional Issues

Questions that implicate the employment or contractual relationship between the District and the Superintendent need to be addressed with an attorney who represents the Superintendent.•Allegations of misconduct against the Superintendent (may also be covered by District’s insurance)•Contract enforcement and issues of breach

Who You Gonna Call?A Quiz

A community chorus uses a middle school music room to practice. One winter night, an elderly singer fails to see a curb outside the music room, falls and breaks a hip.

Who You Gonna Call?A Quiz

A patron who’s house abuts the bus barn has complained for years about parking, bus noise, etc. The person dies and the heirs call about the District’s interest in purchasing the property.

Who You Gonna Call?A Quiz

The elementary principal calls, a student has disclosed to the counselor that the fourth grade teacher has molested him.

Who You Gonna Call?A Quiz

The Board president asks to meet with you privately and discloses that the community is rife with a rumor that you are having an affair with the Finance Director. The Board is increasingly concerned that true or false, you can no longer lead the District with authority.

Law, Ethics and Perceptions

• District relations with vendors policies• Time verification processes• Reporting expenses• Conflicts of Interest, Ch. 42.23 RCW, and

related District policies• District nepotism policies

You and the District’s Attorney(s)

• For general legal issues you or one of your administrative team will be the direct contact with the District’s attorney. You will: Direct the attorney’s work Make strategic and tactical legal decisions

• The same is generally true of insurance related issues. If there are allegations against you, the insurance company may also provide you with an attorney

• As regards your employment, the District’s attorney represents the Board. You will need your own attorney.

Thank You!

Questions and Discussion