ESU 4 Secretaries, Bookkeepers and Administrative Assistants

Karen HaaseK ll B kKelley Baker

Harding & Shultz (402) 434-3000

khaase@hslegalfirm.comkbaker@hslegalfirm.com

H & S School Law@KarenHaase

Residency y

The Joy of 79-215 y• ResidentsResidents• Homeless• Contracted students• Option Students• Option Students • State Wards• Non-wards residentially placed

So, who belongs in your school?

Residents• Students are residents of the

district in which they reside • Students are residents of any• Students are residents of any

district where one of their biological parents reside

79-215(1) and (2)

Homeless – Federal Def. • lack a fixed, regular, and adequate

i h i idnighttime residence• Includes:− Living with family or in motel− Abandoned − awaiting foster care − Living in cars parks etcLiving in cars, parks, etc− Migratory children.

42 U S C § 1130142 U.S.C. § 11301

Kid who moves during year• “A school board may allow a

student whose residency in the district ceases during a school yeardistrict ceases during a school year to continue attending school in such di t i t f th i d f th tdistrict for the remainder of that school year”y

79-215(4)

Kid who’s been contracted to tt d di t i tattend your district

B th di t i t• By another district • By parents of children who reside in y p

a neighboring state

79-215(5) and (8)

Option Students

• Foster parents can’t optionFoster parents can t option • Parents “eligible” for mileage if

qualify for free lunch• Option students placed out of• Option students placed out of

district79-215(5) and (8)79 24179-241

State Wards NOT in Foster• Remains resident

S if• State pays if:− Placed in different district− Placed in institution with SpEd

programprogram • Resident dist. still obligated for IEP• Resident dist. lists on NSSRS

79-215(9)

State Wards who ARE Foster• Remains resident of home dist.

NOT id f f h di i• NOT resident of foster home district • Should continue attending original g g

school unless HHS determines otherwiseotherwise

• DO NOT enroll foster kids as a matter of course

79-215(9)

Non State Wards R id ti ll Pl dResidentially Placed

• If facility doesn’t have ed programIf facility doesn t have ed. program − resident dist. “shall contract” with

f ili difacility dist.− IEP, etc. transfers to facility dist., y− Unless agreement otherwise

If wrong district pays correct− If wrong district pays, correct district has to reimburse 110%

• NDE appeal process79-215(10)(a)

Non State Wards R id ti ll Pl dResidentially Placed

• If facility does have ed. program − NDE paysNDE pays − Resident dist. still responsible for

IEP, NSSRS, etc.

79-215(10)(c)

Kid in Detention Facility

• State PaysState Pays• Statute silent re “residency”

A id t di t till• Assume resident dist. still responsible for IEP, NSSRS, etc. p

79-215(11)

Truancy

Neb. Rev. Stat. §79-209 (new)If student is absent more than 20 days per year and all of the absences are due to documented illness that makesto documented illness that makes attendance impossible or impracticable or are otherwise excused by schoolor are otherwise excused by school authorities, the attendance officer may

t th i f ti t th treport the information to the county attorney of the county in which the person resides.

Neb. Rev. Stat. §79-209 (new)If the child is absent more than 20 days per year or the hourly equivalent and any of such absences are not excused, theof such absences are not excused, the attendance officer must file a report with the county attorney of the county inthe county attorney of the county in which the person resides on a form which i l d th f ll i t t t tincludes the following two statements, one of which must be designated by the school representative signing the report:

Neb. Rev. Stat. §79-209 (new)(a) The school representative requests additional time to work with the student prior to intervention by the countyprior to intervention by the county attorney; or(b) the school representative believes that(b) the school representative believes that the school has used all reasonable efforts t l th t d t’ ito resolve the student’s excessive absenteeism without success and recommends county attorney intervention.

Significance of Changesg g• Doctor’s note, etc. may matter

iagain • Depends on your board’s policy p y p y• Communicate with your board

and principal (attendance officer)and principal (attendance officer)• What you put in PowerSchool

really matters.

Student Records

FERPA• L.S. v. Mount Olive Board of Ed.

(D.N.J. 2011) Catcher in the Rye Assignment− Catcher in the Rye Assignment

− Teacher and school psych. liable – other school defendants dismisseddismissed

E-mail as Education Record

E-mail as Education Record• FERPA: “education record” means

materials which “contain information directly related to ainformation directly related to a student [and] maintained by an educational agency”

• Includes “print or computerIncludes print or computer media”

E-mail as Education Record• Owasso Ind. Sch. Dist. v. Falvo, 534

U.S. 426 (2002)• S A v Tulare County Office of• S.A. v. Tulare County Office of

Educ., 109 LRP 60382 (E.D. Cal. 2009)

• Washoe County Sch Dist 109 LRPWashoe County Sch. Dist., 109 LRP 78026 (Nev. April 2, 2009)

Personnel Files

Personnel files• Any full-time employee may − access upon request− attach a written response to anyattach a written response to any

item in such file− authorize another to access (must

be in writingbe in writing

Neb. Rev. Stat. §79-8,109

Personnel files• No other person except school

officials while engaged in their professional duties shall be grantedprofessional duties shall be granted access to such file, and the contents thereof shall not be divulged in any manner to any unauthorizedmanner to any unauthorized person.

• Fischer v. Erickson, Case No. CI04-14

Personnel files• New statute regarding employment

references:− may disclose certain informationmay disclose certain information

about a current or former employee to a prospective employeremployer

− Must have written consent − Statute lists what can be released

Personnel files• Consent must be separate

document or, if included in the application form, must be in boldapplication form, must be in bold letters and in larger typeface than the largest typeface

• The consent must be signed andThe consent must be signed and dated by the applicant C ill b lid f l• Consent will be valid for no longer than six months.

CustodyCustody DisputesDisputes

Custody Disputes: y pStay Out of it!y

• Refuse to offer opinionsDecline interviews with attorneys• Decline interviews with attorneys

• Refuse service of subpoenas during school time

• Consider motion to quashConsider motion to quash• Strictly observe FERPA

Custody Disputes: y pIf you’re in ity

• Stick to your expertise–As a staff member–Not a psychologist/social worker

Non-Custodial Parents and Special Education

• IDEA gives rights to parents, foster parents in loco parentisfoster parents, in loco parentis

• Navin v. Park Ridge Sch. Dist. 64, 270 F.3d 1147 (7th Cir. 2001)

Release of ChildrenRelease of Children

Everyone ythinks he’s a

lawyerlawyer

Release of ChildrenRelease of Children• FERPA: Non custodial parents have same• FERPA: Non-custodial parents have same

rights as custodialU l th i id f l ll bi di• Unless there is evidence of a legally binding document that specifically revokes rights. (34 C F R 99 4)C.F.R. 99.4)

• Pauley v. Anchorage Sch. Dist., 31 P.3d 1284 (Al 2001)1284 (Ala. 2001)

Practical AdvicePractical Advice• Politely decline to• Politely decline to

accept copies of di ddivorce decrees, custody agreements, etc, etc.

• Release to bio parents pand their designees

• Call the cops ifCall the cops if concerned

What’s in a Name?What s in a Name?

E-mail

School E-mail

• Computer Server Internet• Computer, Server, Internet Connection all belong to the district.U i i i• Use is permissive• Assume someone will read it• Assume someone will read it

eventually.

School E-mail and Politics• Political Accountability and

Di l ADisclosure Act• In the Matter of Michael Nolan, f ,

Case No. 07-03

Using School E-mailg

Public Records• Records "of" or "belonging to" state

agencies under § 84-712.01 are those records "owned" by the agencies or those y grecords for which the state agencies possess title or an ownership interest.possess title or an ownership interest. • The mere fact that a record is in the

possession of a public officer or a publicpossession of a public officer or a public agency does not make it a public record.

ESU 4 Secretaries, Bookkeepers and Administrative Assistants

Karen HaaseK ll B kKelley Baker

Harding & Shultz (402) 434-3000

khaase@hslegalfirm.comkbaker@hslegalfirm.com

H & S School Law@KarenHaase