1. GEORGIA ASSOCIATION OF EDUCATION LEADERS
LEGAL ISSUES IMPACTING THE FUTURE OF PUBLIC EDUCATION
February 3, 2009
Phil Hartley Harben, Hartley & Hawkins, LLP

2. Impact on the Immediate Future
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?

3. Guns Allowing permitted guns on all public property, including
a school , but
shall 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.

4. Religious Viewpoint Anti-discrimination 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 statute
Unnecessary due to federal Constitution and law
Conflicts with federal law and Constitution

5. SHAPE Bill – HB 229 Coaches measuring body fat?
Principals visually assessing student body?
Fitness assessments as approved by SBOE
SBOE standards in student health and PE
Recognition programs

6. Four Day Week
HB 193 and 198
Reduces the 180 day calendar to a certain number of hours set by statute or SBOE

7. School 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 interest
SBOE to develop code of ethics

8. So what does it have to do 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 

9. Choice/Vouchers Universal choice for private and public schools
Money sent to parents and taken from public school (remember HB881)
Parents must transport
No accountability for private schools
Mandated choice within your system – HB 251

10. Expanded FMLA Rights for Military 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)

11. FMLA 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?

12. Changes to Americans with Disabilities 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

13. What is a major life activity?
Caring for one’s self
Performing manual tasks
Seeing
Hearing
Eating
Sleeping
Walking
Standing
Lifting
Bending

14. And more…. Speaking Breathing Learning Reading Concentrating Thinking
Communicating
Working
The operation of a major bodily function

15. Even those without disability are protected if you regard them as having a disability
But doesn’t apply to transitory or minor impairments
Those lasting less than 6 months

16. Section 504 made consistent with new ADA
Both were effective1/1/09

17. Changes 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

18. What is happening in the 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

19. But what are Georgia courts 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

20. QUESTIONS?

21. SEE YOU IN JEKYLL!!