New Laws and Hot School Topics

1. New Laws and Hot School Topics Susan Goldammer Missouri School Boards’ Association goldammer@msbanet.org

2. SB 253: Taxes • Governor vetoed but there is a huge movement to override the veto. • Revises state tax code to lower individual and corporate income taxes • When fully implemented, estimated it will reduce state revenue by $800 million per year • Have you contacted your legislator?

3. HB 505: Changes in Child Abuse and Neglect Laws • Child abuse reporting is no longer satisfied by notifying designated agent. Mandated reporter must report directly. • If “reasonable cause to suspect,” must report first. • No internal investigation until after report. • District shall ensure that employee has immediate and unrestricted access to communications to make an immediate report and is temporarily relieved of duties.

4. HB 505: Changes in Child Abuse and Neglect Laws • Changes Amy Hestir requirement of reporting sexual misconduct within 24 hours to same standard as other abuse: immediately. • Requires to adopt and implement training guidelines and an annual training program for all employees who are mandatory reporters by January 1, 2014. - Must directly and immediately report. - Supervisors cannot intervene. - No adverse employment action. - Signs of sexual abuse and dangerous relations

5. HB 256: Security Records Closed • Confidential: Operational guidelines, policies and specific response plans for use in responding to or preventing a terrorist attack. • Confidential: Existing or proposed security systems and structural plans of real property owned or leased by the district. • Confidential: The portion of a record that identifies security systems or access codes or authorization codes for security systems of real property.

6. SROs and School Protection Officers • HB 152: Allows school districts to commission law enforcement officers for school purposes. (SPS already does!) • HB 152: Mandated training for SROs • SB 42: Creates training for school protection officers. What are those??

7. SB 75: Armed Intruder • Active shooter training and drills • More to come as your district contemplates options • All schools must “foster an environment in which students feel comfortable sharing information they have regarding a potentially threatening or dangerous situation with a responsible adult.”

8. SB 75: Eddie the Eagle • Districts and charter schools may annually teach the Eddie Eagle Gunsafe Program to first grade students or a similar program. • Stay tuned! SPS has not made any decisions on Eddie!

9. HB 215: Reporting Crimes to Law Enforcement • Forcible rape = Rape in the 1st degree • Sexual assault = Rape in the 2nd degree • Forcible sodomy = Sodomy in the 1st degree • Deviate sexual assault = Sodomy in the 2nd degree • Sexual abuse = Sexual abuse in the 1st • Sexual misconduct in the 1st = sexual abuse in the 2nd • Sexual misconduct in the 2nd = in the 1st • Sexual misconduct in the 3rd = in the 2nd

10. HB 675: Cade’s Law • DESE will shall develop and adopt rules relating to a physical fitness challenge for elementary, middle, and high school level students. • The challenge will include minimally elements that address physical conditioning, flexibility, strength, and aerobic capacity and shall recognize individual, team, and school-wide performance. • No requirement to implement. • Also provision on diabetes care – more info later.

11. SB 17: Certification and Retirement • Removed expiration date for Missouri certification based on certification by the American Board for Certification of Teacher Excellence (ABCTE) • Revises teacher retirement statutes to allow retirement with less than 30 years of service and to extend until 2014 the higher multiplier for 31 years of service or more

12. SB 17: Religious Books • Books of a “religious nature” may be used in elective courses in literature and history as long as the use does not violate the 1st Amendment • Always allowed! • Even allowed in non-elective courses

13. HB 103: Texting/Calling While Driving • Prohibits any person from operating a commercial vehicle while using a hand-held mobile telephone or a wireless communication device to send, read, or write an electronic message. • Does not apply to devices permanently embedded in the vehicle. • Hot Issue: When can/should employees be able to use their personal devices?

14. Illegal Discrimination/Harassment and Retaliation Ancestry Disability Age Genetic Information • Race • Color • Religion • Sex (gender) • National Origin

15. Illegal Discrimination/Harassment and Retaliation Illegal when . . . . • Between employees • Between students • Between employees and students • Between public and employees or students • Cannot aid or coerce others to do so either

16. Discrimination/Harassment and Retaliation • Primary reason districts and employees are sued • Now easier than ever to find districts/employees liable • Must prohibit, must train, must report, must discipline – no excuses ever • Teach your employees how to identify and how to react

17. GBH: Student/Staff Relations • Read it and follow! • Trying to prevent problems before they happen and catch adults grooming students. • Not trying to limit healthy relationships between staff and students but staff must protect themselves from false accusations as well.

18. OCR Guidance on Students with Disabilities and Athletics • http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201301-504.html. • Districts are not providing equal access to disabled students as required under Section 504 of the Rehabilitation Act of 1973. • Districts may not operate programs or exclude students based on generalizations, assumptions and prejudice. • Districts must ensure an equal opportunity to participate in all district extracurricular athletics by providing reasonable accommodations.

19. OCR Guidance on Students with Disabilities and Athletics • Districts should offer separate or different athletic opportunities so that more students with disabilities may participate in athletics. • Encourages districts to consider adding activities, but does not require. • District-wide or regional teams • Co-ed teams • Allied or unified sports

20. What Does it Mean for Me? • Remind/train coaches of the law • Review notification and tryout processes to make sure your district is not inadvertently excluding • Might receive more requests by students/parents to participate due to OCR publicity • Might result in more OCR complaints against your district that you will need to help defend against • Might receive more pressure to consider additional activities for the disabled

21. What Does it NOT Mean? • The law did not change. • You do not have to have quotas of disabled students in your activities. • You do not have to automatically place disabled students on teams. They must try out like everyone else. • You do not have to alter the activity so much that it is fundamentally unfair to others.

22. OCR Guidance on Students with Disabilities and Athletics Action Plan • Listen to Parents/Students that want to participate • Contact the 504 Coordinator • The 504 Team determines if the student has a disability • 504 Team decides on participation and accommodation • Follow the plan

23. OCR Guidance on Pregnant Students • http://www2.ed.gov/about/offices/list/ocr/docs/pregnancy.html • In 2011, 329,000 young women ages 15 to 19 years gave birth • 27.8 percent of the female students who were sophomores in 2002 and subsequently dropped out did so due to pregnancy

24. OCR Guidance on Pregnant Students • Protected under Title IX • Cannot exclude from school, extracurricular activities, awards, classes due to pregnancy • Cannot require participation in a separate program or specific make-up program • Cannot require a doctor’s note unless required for other students in doctor’s care

25. OCR Guidance on Pregnant Students • Must accommodate (larger desks, more bathroom breaks, access to elevator) • Must excuse absences, allow to make up work, allow to finish at a later date • Individual teachers cannot override rules! • Includes a list of “suggestions” for administrators, teachers and counselors

26. Cyberbullying: S.J.W. v. Lee’s Summit • Twin brothers created a website with a blog specifically to vent about the high school • Posted a variety of offensive and racist comments, as well as sexually explicit and degrading comments about named students • Some evidence that district computers were used to access the site. • District witnesses claimed substantial disruption, but students claimed there was not

27. Cyberbullying: S.J.W. v. Lee’s Summit • District suspended students for 180 days, but allowed the students to enroll in the alternative school. • Parents sued based on First Amendment and sought preliminary injunction. • Federal court refused to issue injunction, finding enough evidence that students would not likely win in final trial.

28. Cyberbullying: S.J.W. v. Lee’s Summit Factors Court considered: • Foreseeable that posts would reach students at school • Speech was purposely designed to reach the school campus • Page accessed with district’s computers • Teachers had trouble managing classes • Media showed up • Parents concerned about safety, bullying and discrimination

29. Dress Code Legal Issues • Liberty Interest in Personal Appearance: Do not prohibit unless: a) Safety b) Material and substantial disruption • First Amendment: Cannot prohibit messages unless a) Threat (rare) b) Material and substantial disruption c) Promotes illegal drug use d) Contrary to the educational environment • But see §167.166, RSMo.!!!!

30. Dress Code Legal Issues §167.166.7, RSMo.: No employee of or . . . school district administrator of a public school . . . Shall direct a student to remove an emblem, insignia, or garment, including a religious emblem, insignia or garment, as long as such emblem, insignia or garment is worn in a manner that does not promote disruptive behavior.

31. What Would You Like to Know?