1. 12/2/2015 1 SAI 2015 Elementary Level – Mentor/Mentee Meeting Top 5 Legal Issues this Fall Matt Carver, J.D., Director of Legal Services tel - 515.267.1115 fax - 515.267.1066 Email – mcarver@sai-iowa.org

2. 2 12/2/2015 Top 5 Legal Issues 5. Can’t we all just get along?!  Remind staff members that others in the community are monitoring their social media pages.  It does not set a positive tone or create a culture of trust in the building when staff members are criticizing each other on Facebook or social media sites.  All staff members need to know that their speech on social media is not protected if it creates inefficiency in the workplace.  Without accusing anyone in your building about acting inappropriate, it may be a good time for you to discuss best practices to resolve complaints or issues between staff members.  Also remind them not respond or like/favorite inappropriate comments of other community members.

3. 3 12/2/2015 Top 5 Legal Issues 4. Parent sex offenders on school property.  Remember, if the parent or other visitor’s offense was against an adult, then s/he has the same right to be on school property as any other visitor in that particular category.  Whether the offense was against a minor or an adult, the district may restrict volunteer or employment opportunities.  Even if the offense was against a minor, the parent is able to take the reasonable time necessary to drop his/her child off at school or pick him up.  If the offense was against a minor, then the offender needs written permission to be in the building or at an activity, unless one of the exceptions applies (e.g., voting, dropping off kids, etc.).

4. 4 12/2/2015 Top 5 Legal Issues 3. Communicate with parents/guardians, students, staff, and your supervisor.  Many issues will never go beyond you or rise to the level of being a problem if parents/guardians, students, and staff feel that you care about them, or, in the case of parents, about their children.  Get in the habit of meeting with even the most difficult parents, if you foresee a problem surfacing.  Don’t attempt to solve parent disputes over email, unless there is a necessity to make a written record of your position or actions.  If you communicate regularly with your supervisor and have a “no surprises” approach you will be less likely to be the one surprised by a negative evaluation down the road.

5. 5 12/2/2015 Top 5 Legal Issues 2. The key to tuition-free attendance is whether the student is living in your district to make it a home and is not there solely for school purpose. While it is ideal for the student to be living with a guardian or someone with power of attorney, s/he does not need to be with such an adult to establish residency. (Consider the custody order) Do not hesitate to communicate with administrators in the student’s past district or where you believe the student may actually reside. Asking the parents a series of questions may help to sort out whether the family is actually living in your district. There is nothing wrong with requiring some proof of residency (e.g., bill, lease) [private information may be redacted]

6. 6 12/2/2015 Top 5 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 to look out for the best interests of a student, 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.) The school does not need to allow parent visits and volunteering to turn into a game of one-upmanship. 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.