1. SAI New Administrators 2010 -Top Ten Legal Issues
Matt Carver, J.D., Director of Legal Services
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1/1/2019

2. Agenda
Top Ten Legal Issues
Some Other Considerations
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3. Top Ten Legal Issues
10. Address student and staff disciplinary matters individually with an eye on consistency. If you have doubts about the appropriate response to a situation, discuss it with colleagues outside the district (or an SAI staff member!)
Also, don’t forget due process rights. Jumping to conclusions will get you in trouble.
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4. Top Ten Legal Issues
9. Be vigilant about school funds. Do not get sloppy with the bookkeeping or other procedures. It is not just the money, but the public trust you are guarding.
Immediately get a handle on how much money is coming into your school, what it is for, and how it is controlled (make sure that fundraising money is not going into a separate account that a teacher has set up - even if intentions are good)
Don’t temporarily “borrow” school funds or allow employees to “borrow”
Inform staff that “borrowing” funds = THEFT
Increased gambling has led to increased theft from schools
Make sure that your district has enough fidelity insurance coverage
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5. Top Ten Legal Issues
8. Stay on top of individual professional development plans and evaluations for both staff and you.
If a staff member ever needs to be terminated, one of the first things that usually haunts the administration is that they did not keep up on evaluations
Politely and professionally ensure that you are individually receiving the guidance that you need to succeed
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6. Top Ten Legal Issues
7. Beware of interaction that appears too friendly between staff and students
I would strongly discourage staff from having students as friends on social networking sites, unless a page is approved by the administration and parents are welcome on the site. In such a situation I would not use a site on which the staff member includes other adult friends
(As a side note - ask staff if they have anything embarrassing on social networking sites)
Have staff call parents initially or copy them on communications to students
Beware of texting between staff and students - terminology may be used that the staff member does not understand
Be on the lookout for individual social interaction outside of school or in secluded settings
If your gut is giving you a bad feeling, discuss the matter with the staff member while trying to take a positive approach
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7. Top Ten Legal Issues 6. Cell Phones
Make sure you have a clear and well distributed policy
You may confiscate cell phones, but I recommend an escalating policy (e.g., I would not recommend confiscating the phone for an extended period of time on the first violation)
Apply the “reasonable suspicion” test before searching the phone (e.g.: a student texting during a test would give school officials reasonable suspicion to search the phone; or reliable information that a student was taking pictures in the locker room)
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8. Top Ten Legal Issues
5. With respect to church-state separation issues, remember the 3 Ps: public school employees don’t PREACH, don’t PROSELYTIZE, and don’t PRAY in their role as school employees.
Students may do all of these things as long as they do not cause a substantial disruption of the learning environment
Remember, the school is to remain NEUTRAL
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9. Top Ten Legal Issues
4. Make sure you have “reasonable suspicion” before searching items or areas in which a student has an expectation of privacy (e.g., backpack, cell phone, notebook, diary, pockets)
Ensure you are following your district’s policies when performing locker and other searches (e.g., many districts require that multiple staff are present during locker searches, and that the student is present as well)
If your district performs drug dog searches, keep the students away from the dogs
Do not breathalyze every student at a dance. Again, use reasonable suspicion as the guide
NO STRIP SEARCHES!
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10. Top Ten Legal Issues
3. Don’t lose your temper with students or staff (e.g., waving finger)
Be especially wearing of short fuses at the end of the day and/or school year
Also, when things aren’t going well, don’t turn to alcohol. There is plenty of support out there, from fellow educators and family to SAI staff. If you do drink, DO NOT DRIVE. Even if you are in a small town, just expect to get pulled over. DRUNK DRIVING IS ONE SUREFIRE WAY TO MAKE THE DES MOINES REGISTER.
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11. Top Ten Legal Issues 2. Keep confidential information confidential.
DO NOT GOSSIP!
Be prepared for individuals in the community to approach you and make comments such as: “Oh, I heard about what Jane Smith did at school the other day.” (and then they will expect you to complete the thought)
Be careful what you share with your spouse or significant other
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12. Top Ten Legal Issues
1. Stay neutral in custody disputes and follow court orders concerning visitation.
Unless a staff member feels an ethical obligation to voluntarily side with one parent over another, it is best to have each parent’s attorney subpoena staff or for staff to cooperate with both sides in a coordinated manner
Visitation - (e.g. - Dad just wants to have lunch with son.)
If a parent/grandparent/guardian is not pleased with the visitation language in a court decree, they may have their attorney attempt to have the decree amended
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13. Some Other Considerations
Do not assume that staff have read or are aware of board policies or the employee handbook. (Did YOU read them before you went into administration?) Use staff meetings, written or memos, or other clever ways of communicating what you need your staff to know.
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14. Some Other Considerations
Don’t be pushed into making a decision you’re not ready to make. There’s nearly always more time than you think.
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15. Some Other Considerations
Don’t ever say: “We can’t afford that!” (at an IEP meeting)
Do not be bullied by parents into granting a parent’s every wish for their special education child. Be fair, but don’t be a pushover. The IEP meeting is not a democracy.
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16. Some Other Considerations
You are not self-employed. Keep your supervisor(s) informed
(e.g. - No surprises. Weekly updates.)
Like any relationship, relationships at work are less likely to go sour if there is excellent communication
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