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GEORGIA ASSOCIATION OF EDUCATION LEADERS. LEGAL ISSUES IMPACTING THE FUTURE OF PUBLIC EDUCATION February 3, 2009 Phil Hartley Harben, Hartley & Hawkins, LLP. Impact on the Immediate Future. It’s the Economy, Stupid! How much will be cut by the State? - PowerPoint PPT Presentation
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GEORGIA ASSOCIATION OF EDUCATION GEORGIA ASSOCIATION OF EDUCATION LEADERSLEADERS
LEGAL ISSUES IMPACTING THE FUTURE OF PUBLIC EDUCATION
February 3, 2009
Phil HartleyHarben, Hartley & Hawkins, LLP
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Impact on the Immediate Impact on the Immediate FutureFuture
It’s the Economy, Stupid!How much will be cut by the State?How much will be coming from the Federal
Government?So how do we deal with employment
issues, RIF’s, benefits, local supplements, furloughs, budgets, millage rates, etc, etc??
So how do we teach with students?
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GunsGunsAllowing permitted guns on all public
property, includinga school , butshall be authorized to allow a person to
possess a firearm within a school safety zone provided that such firearm in stored in a room or storage facility within the school safety zone, in a closed container, and separated from its ammunition.
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Religious Viewpoint Anti-Religious Viewpoint Anti-discrimination Actdiscrimination Act
Shall provide for the establishment of a limited public forum for student speakers at all school events at which a student is to speak publicly
Imposes specific policy written into statuteUnnecessary due to federal Constitution and
lawConflicts with federal law and Constitution
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SHAPE Bill – HB 229SHAPE Bill – HB 229Coaches measuring body fat?Principals visually assessing student body?Fitness assessments as approved by SBOESBOE standards in student health and PERecognition programs
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Four Day WeekFour Day WeekHB 193 and 198Reduces the 180 day calendar to a
certain number of hours set by statute or SBOE
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School Board bill – SB 84School Board bill – SB 84“Although there are many measures of
success, one in clearly essential …System accreditation Governor may remove members where
system on probation Removal from office of board member for
violation of conflict of interestSBOE to develop code of ethics
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So what does it have to do So what does it have to do with me?with me?
No person shall be eligible to be superintendent who has an immediate family member hired as or promoted to a principal, assistant principal, or system administrative staff on and and after July 1, 2009 by that school system
School district staff employed before July 1, 2009 are not impacted by this provision when a relative is named superintendent
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Choice/VouchersChoice/VouchersUniversal choice for private and public
schoolsMoney sent to parents and taken from
public school (remember HB881)Parents must transportNo accountability for private schoolsMandated choice within your system – HB
251
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Expanded FMLA Rights for Expanded FMLA Rights for Military FamiliesMilitary Families
Part of “National Defense Authorization Act for FY 2008”
New Leave Entitlement (effective 01/28/08) – Up to 26 weeks of unpaid leave during one 12-
month period for the employee to care for spouse, child, parent, or next of kin who is a service member undergoing medical treatment, recuperation or therapy, is on outpatient status or is on the temporary disabled retired list for a serious injury or illness (incurred on active duty that may render medically unfit to perform duties)
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FMLA cont’dFMLA cont’d
New Qualifying Reason for Leave (effective when DOL issues new FMLA regulations)– 12 weeks of unpaid leave during any 12-month period
for “any qualifying exigency” when the employee’s spouse, child, or parent is on active duty or is notified of an impending call or order to active duty – or when the service member is already on active duty – in the Armed Forces (including Reserves and National Guard) in support of a “contingency operation”
Are more changes coming?
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Changes to Americans with Changes to Americans with Disabilities ActDisabilities Act
The term disability is to be “construed in favor of broad coverage of individuals”
Disabilities that are episodic or in remission qualify if substantially limits an activity when active
Mitigating measures not to be considered
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What is a major life activity?What is a major life activity? Caring for one’s self Performing manual tasks Seeing Hearing Eating Sleeping Walking Standing Lifting Bending
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And more….And more…. Speaking Breathing Learning Reading Concentrating Thinking Communicating Working The operation of a major bodily function
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Even those without Even those without disability are protected if disability are protected if
you regard them as having a you regard them as having a disabilitydisability
But doesn’t apply to transitory or minor impairments
Those lasting less than 6 months
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Section 504 made Section 504 made consistent with new ADAconsistent with new ADA
– Both were effective1/1/09
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Changes in IDEA regsChanges in IDEA regs
If parent withdraws consent for special education services, District may not challenge this decision
Student loses all right to special education, including discipline protection
District must provide PWN before ceasing services
Option transfers to student at 18
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What is happening in the What is happening in the courts?courts?
US Supreme Court decision on Title IX/1983 suits
Possible new legislation in Congress that would make lawsuits and verdicts much easier
The use of federal cases to avoid immunity? New decision from the 11th circuit in Rockdale
County football practice case New decision from state court in time out room
case
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But what are Georgia courts But what are Georgia courts saying about immunity?saying about immunity?
Cook County case and ministerial duty created for receptionist by principal’s directive
Forsyth County case and ministerial duty created for teacher by statute requiring goggles
Practical Suggestions– Recognize the expertise and allow appropriate
discretion by school employees– Be careful of policies and directives that are overly
explicit
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QUESTIONS?QUESTIONS?
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SEE YOU IN JEKYLL!!SEE YOU IN JEKYLL!!