SPTA and Absences GRIT 2014

Karen Haase Bobby Truhe Harding & Shultz

(402) [email protected]

H & S School Law

@btruhe@KarenHaase

GRIT Legislative Update:Superintendent Pay Transparency Act

and Truancy

Supt. Pay Transparency Act

We love it! Seriously, we do. July 1, 2014

effective date Approve contracts as normal for now Districts and ESUs are included

Supt. Pay Transparency Act Amends Nebraska Budget Act: 13-504 Section 1. Proposed Budget Statement:

• Separate identification and description• of “all current and future costs”• which are “reasonably anticipated”• as a “result of any contract”• for “superintendent services”

Supt. Pay Transparency Act Sections 2 and 3. “Superintend Pay

Transparency Act” Pre-Approval Notice Requirements:

• At least 3 days before the meeting• Copy of proposed contract• Reasonable estimate and description of

“all current and future costs”

Supt. Pay Transparency Act Post-Approval Notice Requirements:

• No more than 2 days after the meeting• Copy of “approved” contract• Reasonable estimate and description of

“all current and future costs”• File with NDE by the following August 1

Supt. Pay Transparency Act Applies to:

• “All amendments to a contract”• Specifically lists “salary increases” and

“benefit changes”What about automatic renewal terms?

• Put a required notification provision in superintendent contracts

• Helpful to boards as well

“Electronic Publication”“Electronic publication on the web site of the school district or educational service unit shall satisfy the requirement of this subsection if such electronic publication is prominently displayed and allows publicaccess to the entire proposed contract or amendment.”

“Electronic Publication”“Electronic publication on the web site of the school district or educational service unitshall satisfy the requirement of this subsection if such electronic publication is prominently displayed and allows publicaccess to the entire proposed contract or amendment.”



Penalties Apply only to failure to file with NDE

• May withhold TEEOSA funding• May instruct county treasurer to

withhold funds collected via levy If, after notice and hearing, the board

does not comply by October 1, the money reverts to the General Fund

Truancy Law Changes Review policy with

county attorney annually Remove “barriers to

attendance” Council on School

Attendance

Student Attendance and NeSA Scale ScoresGrade 4

Grade 4 – NeSA Reading2009‐10 2010‐11

Math2010‐11

Students absent less than 20 days

105 110 103

Students absent greater than 20 days

84 89 80


106 111 105


95 101 93



Math2010‐11


104 108 100


83 82 68


107 110 103


93 96 85



Math2010‐11


102 104 98


72 72 58


107 107 103


90 87 75

Absenteeism Policy Policy must include

• Annual review with county attorney• How district will handle “excessive

absences due to illness”• Circumstances and number of absences

(or hourly equivalent) upon which district will render services “to address barriers to attendance

Services Communication with parent/guardianMeeting with “at least”

• School attendance officer• School social worker• Parent/guardian• Administrator or designee• The child, if appropriate

Collaborative Plan

Collaborative Plan “Shall consider, but not limited to”

• Illness of the child (mental and physical);• Educational counseling;• Referral to community agencies for

economic services;• Family or individual counseling; AND• Assisting the family in working with

other community services.

Reports to County Attorney “May” report when

• Collaborative Plan has not worked, and• Child has been absent more than 20 days

Must notify child’s family in writing before referring to county attorney “Illness that makes attendance

impossible or impracticable shall not be the basis for referral”

Council on Student Attendance State Board Appointees

• A member of a school board• Two unrelated parents of school children• A superintendent or designee• A student• A community or advocacy rep• A county attorney

Appointees serve 3-year terms

Council on Student AttendanceOther Members

• Probation administrator or designee• Commissioner of Education or designee• CEO of DHHS or designee

Duties of the Council The Council “shall”:

• Study 79-527 data• Develop recommendations to reduce

absenteeism• Consider whether district’s absenteeism

policies are working• “Review all school district policies” and

make recommendations

Senator Krist Amendment Amendments to Probation

Administration Act (section 5)• Probation has “placement and care

responsibility” for kids in law violations• Requires individual case plan • Placement and care does not include

rights retained by the legal custodian, including decisions regarding education

LB 923: Suicide Awareness Bill Senator McGill Originally dealt only with training on

suicide awareness and prevention • Requires annual training • “nurses, teachers, counselors, school

psychologists, administrators, and any other appropriate personnel”

LB 923: Suicide Awareness Bill Committee amendment:

• Creates State School Security Director• Appointed by Commissioner of Ed‒Collect school security plans‒Recommend standards to State Board of Ed‒Oversee suicide prevention efforts

Karen Haase Bobby Truhe Harding & Shultz

(402) [email protected]

H & S School Law

@btruhe@KarenHaase

GRIT Legislative Update:Superintendent Pay Transparency Act

and Truancy

Documents

SPTA and Absences GRIT 2014