1. 1 GEORGIA ASSOCIATION OF EDUCATION LEADERS LEGAL ISSUES IMPACTING THE FUTURE OF PUBLIC EDUCATION February 3, 2008 Sam Harben Phil Hartley Harben & Hartley

2. 2 The 2008 General Assembly Should you be worrying about bills other than the attempt to abolish school ad valorem taxes?

3. 3 HB 901: “Parent Protection Act” Leave for employees of private sector employers to attend to “family health needs” and “school conference” requirements; School conference includes: registration day-care program, preschool program, meeting about academic achievement, behavior, IEP and SST meetings; Coordination with other leave policies and with FMLA.

4. 4 What other “parent protections”? School “shall provide written notice to parents & guardians at least three business days prior to conference” to afford parents opportunity to arrange to attend; School must, if requested, provide written verification parent attended conference.

5. 5 HB 908: Revisiting Where Sex Offenders Live and Work Georgia Supreme Court decision in Mann vs. Department of Corrections; Restrictions are the same as previous Act except for situations when convicted sex offender is living in a home he/she owns or is working in a business within 1000 feet of a school or “area where minors congregate” is located before it is located there; Does not address the “designated” school bus stop problem Does not address the federal court issues in case which is still pending

6. 6 HB 905: BRIDGE to where? Building Resourceful Individuals to Develop Georgia’s Economy Act Individualized Graduation Plans for each student by end of 8 th grade, reviewed each year with right to “mediation process” that includes “advocates” “Comprehensive,” but specialized, high schools built on state prototypes, with special models for at risk students and for “chronically low- performing” schools Significant statutory specification of requirements for diploma and graduation

7. 7 Charter School Legislation What happened to the idea of charter schools dedicated to student achievement and required to be different from public schools? Present state goals for charters: – Allow for governance by other than local boards – Give parents choices – Increase the number of charter schools

8. 8 HB 881: Commission Charter Schools Approval by Georgia Charter Schools Commission Veto by supermajority of the SBOE Cosponsors: cities, counties, RESAs, universities, tech colleges Charter to receive “full proportional share for each student” including federal, state and local funding

9. 9 TIME FOR PERSONNEL DECISIONS: A FEW SUGGESTIONS TO CONSIDER Important dates to remember: * April 1 st : Deadline for all evaluations to be completed; * April 15 th : Deadline to notify any certificated employee on the payroll at the beginning of the school year that his/her contract will not be renewed; *May 1 st : Deadline for employee to notify district if employment will not be accepted.

10. 10 I GUESS IT’S TOO LATE TO DOCUMENT POOR PEFORMANCE? NEVER! Why document and what purpose does it serve? Summarizing past performance: When one Memo may be enough; Is there sufficient time for remediation?

11. 11 WITHHOLDING RECOMMENDATIONS Consider withholding a recommendation for re-employment until April 15 th ; Are you really sure about tenure? Evaluating files for legal sufficiency—you may have more than you think! Do not recommend a teacher you would not let teach your child—if you can hire better!

12. 12 Truthful Evaluations—An Oxymoron? Do not allow an evaluation to contradict your employment decision! Tentative evaluation to meet April 1 st deadline; complete by end of year; Evaluate based upon benchmarks set for teacher improvement; Use all the seven criteria required by law for teacher evaluations.

13. 13 If We Must Have A Non- Renewal Hearing: A Legal Checklist Will the Board be supportive of your decision? Will the State Board and Superior Court find sufficient evidence to support the Board’s decision? The charge letter: laying out the case in compliance with the Fair Dismissal Act

14. 14 Checklist continued… List all witnesses who may testify—and be certain of their testimony; Obtain an experienced hearing officer; Brief the board as to its role in a hearing; Put together documentary evidence to be introduced; Understand that the case may be heard by the State Board and superior court.

15. 15 Do You First Offer An Opportunity to Resign? When to discuss resignation as an option? How to avoid a charge of unlawful intimidation in obtaining a resignation? What can you promise in order to secure a resignation? Passing the trash? What’s legal and what’s ethical?

16. 16 QUESTIONS?

17. 17 ADJOURN