< School board authority< School board operations< School board liability< Student rights< Employee rights< The board’s attorney

< Created by the Legislature< “Creatures of statute”

Nebraska Department of Education< Law not made by Legislature< Law not made by courts< Law made by administrative body< Dept. of Revenue< Dept. of Health< State Auditor< Accountability and Disclosure Comm.

< 1st Amendment’ Freedom of speech’ Freedom of press’ Freedom of religion

< 4th Amendment: search and seizure< 8th Amendment: cruel and unusual

punishment< 14th Amendment: no person may be

deprived of life, liberty or propertywithout due process of law

< 79-100: Compulsory education< 79-200: Provisions re students < 79-300: State Department of Education< 79-400: School organization< 79-500: School boards< 79-600: School transportation< 79-700: Accreditation, curriculum< 79-800: Teachers and administrators< 79-900: Retirement< 79-1000: Taxation and Finance< 79-1100: Special Populations

< IDEA< FERPA< Equal Access Act< ADEA< ADA< Civil Rights Act of 1964< Title VII< Title IX< OWBPA

Sections 84-1408 to 84-1414< The formation of public policy is public

business and may not be conducted insecret.

< Every meeting of a public body shall beopen to the public in order that citizensmay exercise their democratic privilegeof attending and speaking. . .

< All regular, special or called meetings,formal or informal, of any public bodyfor the purpose of:’ Briefing (includes retreats)’ Discussion of public business’ Formation of tentative policy’ Taking any action of public body

< Must publicize all meetings< Reasonable advance notice< To public and board members< By a method adopted by board and

recorded in minutes’ Publication in newspaper’ Posting in district

< Must publicize all meetings< Reasonable advance notice’ Very comfortable with 3 days’ Comfortable with 2 days

< To public and board members by:’ A method adopted by board and

recorded in minutes

< Do your minutes show the method theboard adopted to publish meetings?

< Does your method always work?< Use a method the public can rely on:’ Posting at specified sites’ Posting on district web site’ Publishing in newspaper can be

additional, when convenient

< Must publish:’ Agenda of subjects known or’ Statement that a copy of agenda,

kept continuously current, is availablefor inspection at office during regularbusiness hours

< Agenda items must be sufficientlydescriptive to give public reasonablenotice of matters to be discussed

< May not amend w/in 24 hours of mtg.

< Don’t be cryptic – err on the side ofexpansiveness

< Post or publish notice that a copy of the agenda, kept continuouslycurrent, is available for inspection atoffice during regular business hours

< Limited to emergency’ Tornado’ Boiler blows up

< May be held without advance notice< Meeting may be by telephone< News media must be contacted< Minutes must be prepared by next day

Should Contain:< Time, date and place of meeting< Members present and absent< Subject of all matters discussed< Documents received or disclosed in

public session< Minutes available within 10 days or by

next meeting, whichever is earlier< Sentences, not cryptic statements

< Majority constitutes quorum (4 of 6)< President presides< President has authority to expel< Secretary is clerk of the board< Meetings open to public

< Patron participation’ Board may set limits’ May require speakers to identify’ Board does not have to allow people

to speak at every meeting’ Must let them speak at some mtgs

< Board must have one copy of materialavailable for inspection

< Clearly necessary to protect publicinterest

< Prevent needless injury to person< Discuss negotiations< Deployment of security devices< Investigation of criminal conduct< Evaluations of job performance

< Discretionary duties< Nondiscretionary duties

Personal Board Member Liability< Contracting with a teacher already

under contract< Employing an uncertified teacher< The treasurer as “insurer”< Insufficient transportation fee< Failure to levy tax to pay judgment

< 1. Doing something an ordinaryprudent person would not have doneunder similar circumstances or

< 2. Failing to do something anordinary, prudent person wouldhave done under similarcircumstances.

< Duty (standard of care)< Breach of duty< Proximate cause< Actual injury (damages)

Nebraska Political Subdivision Tort Claims Act< File a claim with the board< Give the board an opportunity to act< File suit within 2 years

< Defamation< Assault and battery

< Invalid contracts< Products liability< Federal civil rights< Constitutional violations< Statutory violations

< 1st Amendment’ Freedom of speech’ Freedom of press’ Freedom of religion

< 4th Amendment: search and seizure< 8th Amendment: cruel and unusual

punishment< 14th Amendment: due process

Tinker v. Des Moines Indep. School District< “It can hardly be argued that either

students or teachers shed their consti- tutional rights to freedom of speech orexpression at the schoolhouse gate.”

< “applied in light of the specialcharacter-istics of the schoolenvironment.”

< FERPA< Equal Access Act< IDEA< Section 504< Title IX< Equal Educational Opportunities Act< Gun Free Schools Act

< Compulsory education< Confidentiality of records< Special education< Sex discrimination< Enrollment option< Student discipline

Constitutional Rights in 10-Day Suspension< 1. Notice of charge< 2. Explanation of evidence< 3. Student’s opportunity to explain

Short-Term Suspensions (1-5 Days)< Principal investigates< Notice of charge< Explanation of evidence< Student’s opportunity to explain< Notice to parents within 24 hours

Long-Term Suspension (6-19 Days); Expulsion< Notice of charge< Right to hearing< Right to representation< Examine records< Right to know identity of witnesses< Right to know substance of testimony

Students with disabilities areprotected by extensive federal andstate statutes and regulations. Greatcare must be taken in administeringdiscipline to such students.

U.S. Supreme Court[m]aintaining order in the classroomhas never been easy, but in recentyears, school disorder has often takenparticularly ugly forms; drug use andviolent crime in the schools havebecome major social problems.

New Jersey v. TLO< Standard is reasonable suspicion< Does not require absolute certainty< Choplick’s suspicion was the sort of

“common sense conclusion abouthuman behavior” which “practicalpeople”, including government officials,are entitled to rely upon.

< Less than probable cause< More than a hunch< Two pronged test:’ Reasonable belief that search will

turn up evidence of violation’ Search is reasonably related to the

need for the search

< Freedoms:’ From unlawful discrimination’ Expression’ Appearance’ Religion’ Access

< Probationary - certificated employeeserved less than 3 FTE years

< Tenured (permanent) - certificatedemployee served more than 3 FTE yrs

< Continuing contract law - the contractof a certificated employee renewsautomatically unless notice is given incompliance with statute and policy

< Nonrenew - discharge probationaryemployee at end of year

< Terminate - discharge tenured employeeat end of year

< Cancel - discharge certificated employeemid-contract

Probationary Employee< Observation and evaluation once each

semester< Full instructional period< List of deficiencies< Suggestions for improvement< Follow-up evaluations and assistance

< Just Cause’ Incompetence’ Neglect of duty’ Unprofessional conduct’ Insubordination’ Immorality’ Physical or mental incapacity’ Other conduct

< Conducted before the board< Supposedly informal< “Discuss and explain” position on

continuing employment< Board decison may be for any reason

except an unconstitutional one< Majority of quorum sufficient

< Notice of possible termination< 7 days to request hearing< Hearing within 30 days< 5-day notice before hearing’ Charges’ Names of witnesses’ Substance of testimony’ Documents

< Hearing is formal< Administration, board and teacher

represented by attorneys< Presentation of evidence< Cross examination< Decision based solely on evidence< Majority of members of board must

vote to terminate

< RIF hearings very much like others< No wrongdoing< Must establish’ Change in circumstances’ Necessity to reduce force’ Teacher specifically affected

< Right of recall for 24 months

< Primary role is as policy makers< Remain impartial< Do not become involved in the

evaluation process< Active board involvement can:’ Change focus of hearing ’ Cause a decision to be overturned

Should every school board havean attorney?

May our school board use theNASB’s legal counsel as its

attorney?

Should our school board’sattorney be on a retainer?

How much should the schoolboard spend for legal services?

How much our school boardselect an attorney?

Do we need a written contractwith our board’s attorney?

Do we need a written policygoverning the use of the

attorney?

Does our attorney represent theboard or the superintendent?

Should we have differentattorneys for different problems?

Should our attorney attendevery meeting of the board?

How should we use our attorneyin collective bargaining?

How can our school board dealwith a concern about the qualityor the cost of a particular service

provided by our attorney?