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GASPA Spring Conference

GASPA Spring Conference. Legal Issues Update May 7, 2009 Presented by : Phil Hartley Harben, Hartley & Hawkins, LLP Wachovia Center, Suite 750 340 Jesse Jewell Parkway Gainesville, Georgia 30501 Telephone: (770) 534-7341; Facsimile: (770) 532-0399 E-mail: phartley@hhhlawyers.com.

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GASPA Spring Conference

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  1. GASPASpring Conference Legal Issues Update May 7, 2009 Presented by: Phil Hartley Harben, Hartley & Hawkins, LLP Wachovia Center, Suite 750 340 Jesse Jewell Parkway Gainesville, Georgia 30501 Telephone: (770) 534-7341; Facsimile: (770) 532-0399 E-mail: phartley@hhhlawyers.com

  2. Legal Implications of What Passed the General Assembly

  3. Nepotism – HB 251 • No person with relative on the board or employed as superintendent, principal, assistant principal or system administrative staff is eligible to serve on the BOE • Relative: spouse, child, sibling, parent(or spouse of last 3) • Applies only to BOE members elected or appointed after 7/1/09 • “Nothing… shall affect the employment of any person employed on or before 7/1/09 … or when immediate family member becomes a board member”

  4. And Superintendents too… • No person with relative on the board or hired or promoted to principal, assistant principal or system administrative staff is eligible to be employed as Superintendent • “Nothing… shall affect the employment of any person employed on or before 7/1/09 … or when immediate family member becomes superintendent”

  5. What do we do with the May 15 deadline? – HB 455 • Applies to Nonrenewals for this year only – RIF’s are nonrenewals, too • Do you have a local policy that is different? • Decide about local supplements for next year • Look carefully at language in the contract in case revenues are reduced again in the middle of the year • Consider need for additional reductions in force

  6. More on HB 455 • Teachers who earn leadership degrees after 7/1/10, but who are not employed in a leadership position (as defined by SBOE), will not be paid for the leadership certificate • Stay tune for interpretations

  7. HB 229 – SHAPE • 2011-2012 – annual fitness assessment program, as approved and funded by SBOE, 1X /year for students in 1-12, only through a PE course taught by certified PE teacher in which student is enrolled • Measure level of physical fitness, report to parent and aggregate by school to SBOE • SHAPELIEST SCHOOL – state recognition

  8. HB 243 – National Board Certified • Any person enrolled on 3/1/09 shall be eligible for salary increases, subject to appropriation • After 7/1/09, only those shall be eligible • 2010 appropriation based on 10% of base salary for T4, 1st year

  9. HB 193 – New definition of “school year” • Changes requirement for 180-day school year for students and allows “equivalent determined in accordance with SDOE guidelines”

  10. HB 280 – Additional pay for some teachers • Beginning 7/1/10, subject to appropriation, a secondary school math or science teacher moves to the step on scale comparable to 6 years of experience (unless already there) • After 5 years, subject to evidence of increased student achievement as set by OSA, teacher may advance one additional year on the schedule for each year • Subject to moving back if not meeting criteria • K and elementary teachers who earn math or science endorsement may earn $1000 supplement for each year up to 5

  11. SB 178 – BRIDGE • Focused programs of study in high demand, high skill, and high wage fields • Individual graduation plans for each 8th grade student starting next year • Model programs for chronically low-performing high schools

  12. Legal Implications of What Did Not Pass the General Assembly

  13. Universal Parental Choice • HB 100 - Tax Credits for Scholarship Programs for Public School Children Attending Private Schools • SB 90 – vouchers for everyone • Interdistrict transfers and local funds to be transferred • Role of school councils in intradistrict transfers

  14. Board Member Ethics – SB 84 • Code of Ethics and Conflicts of Interest – who develops and who enforces • Hearings before the BOE to remove board members • The Governor’s Authority to Remove Elected Officials • The Role of SACS in school district governance • Who trains board members and about what?

  15. While We Were Focused on the Gold Dome

  16. The Georgia Courts and Immunity • Supreme Court agrees to review Smith v. McDowell • Can a directive create a ministerial duty • What effect does the admission of the secretary that she had no discretion have? • Why does it matter?

  17. The Georgia Courts and Administrative Tenure • Patrick v. Huff • Only administrators that have any tenure with a District are those that had tenure as teacher or administrator as of April 7, 1995 • If employee begins employment after 4/7/95 and becomes administrator, no tenure, even if between 4/7/95 and promotion, had tenure as educator

  18. The Expanding Definition of Disability and Why It Matters • ADA and 504 amendments take effect on 1/1/09 • Is every employee entitled to an accommodation plan?

  19. Increasing retaliation claims • ADA and FMLA • The Supreme Court continues to expand retaliation options • Employees who participate in investigations of discrimination or harassment claims • The increasing number of retaliation claims given the recent RIFs

  20. QUESTIONS

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