1. Some Minor Issues: Considerations Concerning Minors in the Community College Setting February 28, 2014 Presented By: Eileen OHare-Anderson, Liebert Cassidy Whitmore Jon Aasted, Santa Clarita CCD

2. 2 2 Topics of Discussion Health and Safety Confidentiality Admissions and Assessment Curriculum Discipline Mandated Reporting Parental Involvement

3. 3 3 Health and Safety Health and Safety Concerns: –Consent to Medical Care Family planning, Rape treatment, Disease treatment and prevention, Drug and alcohol abuse, First aid. –Safety Convicted felons

4. 4 4 Health – Family Planning Family Planning –A minor may consent to medical care. –Related to the prevention or treatment of pregnancy. A minor of any age. Includes contraception. Does not include sterilization. Family Code § 6925.

5. 5 5 Health – Screening/Treatment Infectious, Contagious, or Communicable Diseases –Minor may consent to diagnosis or treatment if: 12 years of age or older; and Disease required by law or regulation to be reported to local health officer or is a related STD. Sexually Transmitted Diseases (STD) –Minor may consent to medical care related to Prevention if: 12 years of age or older. Health & Safety Code § 121020; Family Code § 6926.

6. 6 6 Health – Screening/Treatment Cont. Rape and Sexual Assault –Minor 12 years of age or older alleging rape or sexual assault may consent to: Medical care Collection of related medical evidence Family Code §§ 6927, 6928

7. 7 7 Health – Screening/Treatment Cont. Drug and Alcohol Treatment –A Minor 12 years old or older –May consent to medical care and counseling –Related drug or alcohol problems. Family Code § 6929

8. 8 8 Health – Screening/Treatment Cont. Liability for Rendering First Aid –A District and its employees not liable –For reasonable medical treatment of a minor without parental consent –When the minor is: Ill or injured during reasonable school hours; Requires reasonable medical treatment; and The parent or guardian cannot be reached. –Exception: Parent filed written objection to medial treatment other than first aid. Education Code § 76407

9. 9 9 Safety – Criminals on Campus Exposure to Employees Convicted of Crimes: –K-12 Districts exclude employees convicted of: Violent or serious felonies; sex offenses; or controlled substance offense. –CCDs only screen for employees convicted of sex and controlled substance offenses. Board may employ If it finds rehabilitated for at least five years. CCDs do not have to screen for violent or serious felonies. Education Code §§ 44830.1, 44836 Education Code § 87405

10. 10 Safety – Criminals on Campus No criminal background check on non- employees –Other students –Community members Minor students could (likely will) be exposed to criminals on campus –We only screen employees –Not all crimes require registration –Not all criminals required to register do so

11. 11 Safety – Class Released Early/Student Ride is Late Parent and student should have system –Class released early, Ride is late, Student becomes ill –Things happen Cell phones are the answer Discuss during enrollment/orientation Include in checklist (more later)

12. 12 Safety – Disruption on Campus Fire, earthquake, flood, street closure Arrange alternate pick up point Assembly points Supervision during emergency Advise parents and students on emergency procedures Discuss in enrollment/orientation Include in checklist

13. 13 Confidentiality - Counseling Information Disclosed to a School Counselor is Confidential if: –Disclosed by a student over 12 years of age or parent; and –Disclosed in the process of receiving counseling. Does not become part of the student record Unless written consent from person disclosing. With a few exceptions, disclosure shall not be revealed, released, discussed or referred to. Education Code § 72621

14. 14 Confidentiality – FERPA Family Educational Rights and Privacy Act (FERPA) –Generally, a student has the right to: Inspect his or her own records. Request correction of inaccurate or misleading records. Consent to release of information from his or her record. Notice before District responds to subpoena when allowed by law. 20 U.SC. 1232g;34 C.F.R. 99.31

15. 15 Confidentiality – FERPA Exceptions District may release records to parents where: –The parent still claims the child as a dependent for tax purposes; –There is a health or safety emergency; or –The student commits a disciplinary violation regarding the use of alcohol or controlled substances and the student is under 21.

16. 16 Confidentiality – Medical Records The Confidentiality of Medical Information Act (CMIA) –Prohibits acquisition, use, or disclosure of medical information without prior written authorization of the person the information concerns. Authorization on behalf of a minor must be signed by parent or guardian. Health Insurance Portability and Accountability Act (HIPAA) –Generally Consistent with CMIA Civil Code §§ 56.10, 56.11(c); 45 C.F.R. 164.502.

17. 17 Admission of Minors The Decision to Admit a Student Rests With the District –Guiding Statutes: Education Code section 76001 et seq. Education Code section 48800 et seq. Notifying Faculty –Faculty may be notified a minor in class –But it is not required.

18. 18 Curriculum – Parental Guidance Academic Standards –Minor will have the same academic standards as adult students. –Parents should realize the transcript is permanent. Adult Discussions –District has no obligation to alter course content. Consider warning minors and parents of content. Consider having minor and parent sign course syllabus. Discuss that curriculum will not be altered on demand.

19. 19 Curriculum – Parental Guidance Syllabus controls course content Syllabus controls grading Discuss in orientation/enrollment Include in checklist

20. 20 Mandated Reporting Faculty and Staff of CCDs Are Mandated Reporters –More minors on campus –More likely to encounter situation that must be reported –Reporting mandated when: Employee, in the scope of his or her position knows or reasonably suspects has been the victim of child abuse or neglect. Penal Code §§ 11164, 11165.7

21. 21 Mandated Reporting Procedures To Whom Do You Report? –Law enforcement or child protective services. When Do You Report? –Telephone your report immediately. –Within 36 hours, follow up with written report. What If You Do Not Report? –It is a misdemeanor –You may be held criminally liable. –Action against teaching credential.

22. 22 Discipline Discipline Standards –Minors are subject to Student code of conduct. Includes academic dishonesty. Discipline Process –Generally the same as for adult students. –Student and parent receive notices. Education Code § 72122

23. 23 Discipline Minor Released to Peace Officer –Where the District releases the minor to a peace officer for the purposes of removal from the campus, a District official must take steps to notify the students parent of the release and the place where the minor is to be taken. Minor Suspended From District –When a minor is suspended, the minors parent must be notified in writing by the District President or designee. Education Code §§ 76031, 87044

24. 24 Discipline Minor Removed From Class –If instructor removes minor student from class for a day and the next class meeting: The President or designee must ask parent to attend a conference regarding the removal ASAP. Remaining due process the same as adult students Education Code §§ 76031, 87044

25. 25 Parental Involvement In Class Parents Attending Class –Parents have no right to attend class with minor. Parents Completing Students Work –Parents cannot do the minor students work. –Academic dishonesty. –Can result in student discipline. –Consider discussing ramification with parent and student.

26. 26 How Can Problems Be Minimized? Develop a Checklist –Add the items discussed today to a checklist –Have a counselor meet with the minor student and his or her parent and go over every item on the checklist –Have the student, a parent, the counselor, and an administrator sign the checklist

27. 27 How Can Problems Be Minimized? Cont. Develop Clear Board Policies and Administrative Procedures –Districts Board Policies and Administrative Procedures –Up to date –Address these issues

28. 28 Questions? Eileen OHare-Anderson Liebert Cassidy Whitmore | Fresno Office eanderson@lcwlegal.com Jon Aasted Santa Clarita Community College District Jon.Aasted@canyons.edu