NASES 2013

NASES SPRING CONFERENCE

Karen HaaseHarding & Shultz

(402) 434-3000khaase@hslegalfirm.com

H & S School Law@KarenHaase

Who’s Your Daddy?

A Legal Update on Student Residency

The Joy of 79-215 Residents Homeless Contracted 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

district where one of their biological parents reside

79-215(1) and (2)

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

nighttime residence Includes:

• Living with family or in motel• Abandoned • awaiting foster care • Living in cars, parks, etc• Migratory children• Abused, homeless, not yet in system• Aged out of foster and homeless

McKinney-Vento Homeless Ass. Act42 U.S.C. §11431 et. seq.

Rights of Homeless students • Right to Remain in School of

Origin• Transportation (paid for by

district of origin)• Right to Immediate Enrollment

(w/o Records)• Liaisons

Kid who moves during year“A school board may allow a student whose residency in the district ceases during a school year to continue attending school in such district for the remainder of that school year”

79-215(4)

Kids contracted to your district

By another district By parents of children who reside

in a neighboring state

79-215(5) and (8)

Option Students

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

qualify for free lunch Option students placed out of

district

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

State Wards NOT in Foster Remains resident State pays if:

• Placed in different district• Placed in institution with SpEd

program 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 resident of foster home district Should continue attending original

school unless HHS determines otherwise

DO NOT enroll foster kids as a matter of course

79-215(9)

Fostering Connections to Success and Increasing Adoptions Act of 2008

Amend Title IV (Parts B and E) of the Social Security Act Provisions promoting

education stability and enrollment for youth in foster care Required states to

change child welfare laws

Presumption: Same School

The child’s case plan must include: “an assurance that the state has coordinated with appropriate local education agencies … to ensure that the child remains enrolled in the school in which the child was enrolled at the time of placement”

42 U.S.C.A. 675(1)(G)(ii).

Presumption: Same School

If remaining in the same school is not in the best interest of the child, the child’s case plan must include “assurances by the State agency and the local education agencies to provide immediate and appropriate enrollmentin a new school, with all of the education records of the child provided to the school.”

42 U.S.C.A. 675(1)(G)(ii).

Comparing McKinney-Vento to Fostering Connections

McKinney-Vento Act (Education Law: NCLB)• Best Interest Decision – SCHOOL

BASED Fostering Connections (Child

Welfare: Title IV-E) • Best Interest Decision – CHILD WELFARE-BASED

Foster Care Law Changes Uninterrupted Scholars Act (fed)

• Allows schools to release ed records without parental consent to child welfare agencies

• Schools can disclose records under court order without notifying parents

LB 269• Reimbursement rates for foster parents• Change case plans, manager training,

Foster Care Law Changes

LB 216 • Young Adult Voluntary Services• IEP Transition Plans

LB 530• Changes governance of Children and

Family Services

Non Wards Residentially Placed If facility doesn’t have ed. program

• resident dist. “shall contract” with facility dist.

• IEP, etc. transfers to facility dist.• Unless agreement otherwise • If wrong district pays, correct

district has to reimburse 110%• NDE appeal process

79-215(10)(a)

Non Wards Residentially Placed

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

IEP, NSSRS, etc.

79-215(10)(c)

Kid in Detention Facility

State Pays Statute silent re “residency” Assume resident dist. still

responsible for IEP, NSSRS, etc.

79-215(11)

So if Kids Respond to Interventions, Does Your Staff?

Karen Haase Harding & Shultz

(402) 434-3000khaase@hslegalfirm.com

H & S School Law@KarenHaase

Poll: Do you evaluate teaching staff:

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Poll: Do you evaluate teaching staff:

Poll: Do you evaluate paraeducators:

The Widget Effect

2009 Study conducted by The New Teacher Project Surveyed 15,000 teachers and 1,300

principals in 12 school districts, Conclusion: Schools treat teachers

as interchangeable parts, rather than individual professionals

http://widgeteffect.org/downloads/TheWidgetEffect.pdf

The Widget EffectHow evaluation systems reflect and

codify the “Widget Effect”• All teachers are rated good or great.• Excellence goes unrecognized.• Professional development is

inadequate.• No special attention to novices• Poor performance goes unaddressed

TNTP’s Recommendations Adopt a comprehensive

performance evaluation system that fairly, accurately and credibly differentiates teachers based on their effectiveness in promoting student achievement and provides targeted professional development to help them improve

TNTP’s Recommendations Train administrators and other

evaluators in the teacher performance evaluation system and hold them accountable for using it fairly and effectively.

Poll: Administrators: How many of you have had...

TNTP’s Recommendations Integrate the performance

evaluation system with critical human capital policies and functions such as teacher assignment, professional development, compensation, retention and dismissal.

TNTP’s Recommendations Address consistently ineffective

teaching through dismissal policies that provide lower-stakes options for ineffective teachers to exit the district and a system of due process that is fair but efficient.

Poll: Is your school part of NDE's evaluation ...

Poll: If you are part of the pilot are you usi...

Writing Clear Evaluations

Written Evaluations

Comply with Rule 10 requirements Use the approved policy and forms Follow the policy Train all administrators on the

policy, form and educational model Use announced observations Pre-evaluation conference Use unannounced observations

Write in the First Person Communication in the first person

is more personal and direct Communication in the third person

is more awkward and less effective

How to Evaluate Clearly

Jack Webb’s Rule

State facts first Draw

conclusions later

Avoid Mixed Messages

Document, Document, Document

If it isn’t written down, you didn’t see it(Or at least it’s harder to establish)

Don’t give suggestions

Suggestions/Recommendations

Give concrete directives for each deficiency Include a narrative explanation

with each criticism Relate all deficiencies to teaching

and learning

Move from suggestions to directives

Be fair

And be sure to give the appearance of being fair

Make directives and recommendations

Clear Specific Measurable

Be on Time

Be on Time

Don’t be late Be at work on time Be at work by 8 a.m. Be in the building by 8 a.m. Be in your classroom and prepared

to meet students by 8 a.m.

Use Deadlines

Know the Employee’s Story

Confer with the teacher Get his/her responses to your concerns

Identify Continuing Deficiencies as Such

Don’t Relent

Identify serious issues as such

Keep a record of all your observations and

conferences

Meet your own deadlines

Don’t write while angry

Deliver memos and evaluations promptly

Have the teacher sign memos and evaluations

promptly

When signing for receipt

Clarity Counts Signing only for receiptGive the teacher the original of the

documentKeep a copy Right to respond

Involve other administrators in the remediation process

Make the teacher responsible for making the

improvements

Involve the NSEA

We’re from the NSEA and we’re here to help

So let’s practice

Severus Snape Science Teacher Great with content Students do well on

assessments Does not

accommodate slower students Mean to disfavored

students

Poll: How would you improve the feedback to Se...

Poll: How would you improve the feedback to Se...

Poll: How would you improve the feedback to Se...

Poll: How would you improve the feedback to Se...

Remediation

Remediation

“It is easier to help a poor teacher grow than to dismiss that teacher.”

Madeline Hunter

Rule 10 Remed. Requirements

If deficiencies noted, must provide:• Written list of “all noted deficiencies”• “concrete suggestions for improvement” • Assistance in overcoming deficiencies• Adequate timeline for implementing the

concrete suggestions for improvement

Remediation Requirements

Review your district’s evaluation policies and documents!

Remediation Not Required Criminal Conduct Incapable of Remediation?

• Teachers who cannot improve to meet the standard of the district and

• Teachers who will not improve to meet the standard of the district.

Beware – burden on district to prove “irremediability”

Remediation Plans

Remediation Plans

Identify or define the problem Identify goals Identify strategies Provide resources Set deadlines Assess progress Inform of consequences

Remediation Tips

Involve the teacher in the process Acknowledgement of Receipt Rebuttal and clarification requests

in writingHelp the teacher “own” the

problem Don’t give up!

Take Comfort

Nebraska Supreme Court:There are few, if any, objective criteria for evaluating teacher performance or for determining what constitute just cause for terminating teaching contracts of tenured teachers. Each case must, therefore, be assessed on its own facts.

Courts don’t typically second guess

Poll: Questions? Comments?

So if Kids Respond to Interventions, Does Your Staff?

Karen Haase Harding & Shultz

(402) 434-3000khaase@hslegalfirm.com

H & S School Law@KarenHaase