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New Laws for the New School Year

New Laws for the New School Year. Bowles Rice LLP RESA 7 Administrators Forum August 4, 2014. Leaders of the Group Greg Bailey - Morgantown Rick Boothby - Parkersburg Howard Seufer - Charleston Rebecca Tinder - Charleston Kim Croyle - Morgantown Legal Assistants

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New Laws for the New School Year

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  1. New Laws for the New School Year Bowles Rice LLP RESA 7 Administrators Forum August 4, 2014

  2. Leaders of the Group Greg Bailey - Morgantown Rick Boothby - Parkersburg Howard Seufer - Charleston Rebecca Tinder - Charleston Kim Croyle - Morgantown Legal Assistants Sarah Plantz- Charleston Dianne Wolfe- Parkersburg Adjunct Attorneys Mark Adkins – Construction Litigation Bob Bays - Eminent Domain Aaron Boone – Civil Litigation Joe Caltrider – Personal Injury Defense Mark D’Antoni – Real Estate Mark Dellinger – Human Rights Kit Francis – Creditors’ Rights Jill Hall - Employee Benefits Roger Hanshaw – Parliamentary Procedures Justin Harrison – ADA and Employee Leave Tom Heywood – Legislative Matters Bob Kent - Personal Injury Defense Leonard Knee – Environmental Law Ellen Maxwell-Hoffman – Ethics Steve Prunty - Easements Marion Ray - Workers Compensation Cam Siegrist – Bond Issues and Finance Ken Webb - Construction Litigation The Education Law Groupat Bowles Rice

  3. Our Agenda • School law resources to help you keep up-to-date all year long • Education law highlights of the recent regular and special sessions of the legislature • Significant recent court and grievance decisions • The lesson of a recent Circuit Court decision • 10 “Red Flag” legal issues for the 2014-2015 school year

  4. A Word About This Presentation • We speak in general terms today. The specific facts of each situation can make a difference in the legal principles that apply • This presentation must not be treated as legal advice about any specific situation • Due to the rapidly changing nature of the law, information in this presentation may become outdated • When in doubt, don’t act or rely upon the information contained in this presentation without seeking legal advice

  5. Some School Law Resources To Help You Keep Up-to-Date All Year Long

  6. “School Laws of West Virginia” • Beware! The latest edition and its CD-ROM/electronic version are already out of date! • Current versions of the statutes are available at the West Virginia Legislature’s website

  7. E-Updates & Alerts

  8. E-Newsletter Mailing List • E-Newsletter Mailing List • Send an email to Sarah Plantz: • splantz@bowlesrice.com • Tell Sarah: • Who you are • Your position in public education • Your school board’s name • That you want to receive the E-Newsletter

  9. Conducting Investigations in the Public Schools for Principals, Personnel Directors, and Central Office Administrators: Lawful and Effective Investigation Techniques and Tips • September 25 and October 8, 2014

  10. Preparing for Personnel Season: The Fundamentals of Professional and Service Employee RIFs, Transfers & Non-Renewals • October 29 and November 5, 2014

  11. Beyond the Basics: Advanced (and Inevitable) Issues Involving Professional and Service Employee RIFs, Transfers & Non-Renewals • October 30 and November 6, 2014

  12. Signature Series E-Invitation List • Signature Series E-Invitation List • Send an email to Sarah Plantz: • splantz@bowlesrice.com • Tell Sarah: • Who you are • Your position in public education • Your school board’s name • That you want to receive Signature Series E-Invitations

  13. Highlights of 2014 State Legislation Affecting Public Education Handout, p. 1

  14. Categories of New Laws • Instruction • Student rights • Safe schools • Attendance • Compensation and Benefits • Professional and Service Personnel • Innovation • Business & finance • Miscellaneous

  15. A. Instruction

  16. House Bill 4618Establishing Transformative System of Support for Early LiteracyHandout, p. 12

  17. House Bill 4384Requiring Teachers of Students with Special Needs to Either Be Present at an Individualized Education Program Meeting or Read and Sign a Copy of the IEPHandout, p. 11

  18. House Bill 4608Defining Dyslexia and DyscalculiaHandout, p. 12

  19. House Bill 4373Relating to Driver Education ProgramsHandout, p. 10

  20. B. Student Rights

  21. Senate Bill 209Allowing Special Needs Students to Participate in Graduation CeremoniesHandout, p. 1

  22. House Bill 4316Creating the Student Data Accessibility, Transparency and Accountability ActHandout, p. 8

  23. C. Safe Schools

  24. House Bill 4237Prohibiting the Sale, Distribution and Use of Electronic Cigarettes, Vapor Products and Other Alternative Nicotine Products to Persons under the Age of 18Handout, p. 6

  25. House Bill 4208Banning Synthetic HallucinogensHandout, p. 5

  26. Senate Bill 252Allowing Certain Expelled Students to Return to School through Juvenile Drug CourtHandout, p. 1

  27. House Bill 4005Relating to Criminal Offenses for Child Abuse and Child NeglectHandout, p. 4

  28. House Bill 4006Relating to the Possession and Distribution of Child PornographyHandout, p. 5

  29. D. Attendance

  30. House Bill 4003Granting Dual Jurisdiction to Enforce Truancy Policies against Students Who Live in One County and Attend School in AnotherHandout, p. 4

  31. E. Compensation and Benefits

  32. Senate Bill 391Providing Salary Increase for Teachers and School Service PersonnelHandout, p. 2

  33. House Bill 4283Raising the Minimum WageHandout, p. 7

  34. House Bill 4365Relating to Employer Remittance and Reporting of Teachers Retirement System Member Contributions to the Retirement BoardHandout, p. 10

  35. Senate Bill 452Relating to TRS Annuity Calculation of Member with Reciprocal Service CreditHandout, p. 2

  36. F. Professional & Service Personnel

  37. House Bill 4284Pregnant Workers Fairness ActHandout, p. 7

  38. House Bill 3156Granting a Labor Organization a Privilege from Being Compelled to Disclose Any Communication or Information the Labor Organization or Agent Received or Acquired in Confidence from an EmployeeHandout, p. 3

  39. House Bill 4392Regulating Persons Who Perform Work on Heating, Ventilating and Cooling Systems and Fire DampersHandout, p. 11

  40. G. Innovation

  41. House Bill 4619Authorizing Innovation School DistrictsHandout, p. 14

  42. Senate Bill 253Clarifying Code for Community Based Pilot Demonstration Project to Improve Outcomes for At Risk YouthHandout, p. 2

  43. H. Business and Finance

  44. Senate Bill 1009Relating to Computation of Local Share for Public School Support PurposesHandout, p. 3

  45. House Bill 4302Relating to Elections for Public School PurposesHandout, p. 8

  46. I. Miscellaneous

  47. House Bill 4298Changing the Experience Requirements and Composition of the Members of the West Virginia Ethics CommissionHandout, p. 8

  48. House Bill 4228Repealing or Removing Certain Portions of Education-Related Statutes that Have ExpiredHandout, p. 6

  49. Recent Decisions of the West Virginia Supreme Court of Appeals Handout, p. 16

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