New Laws for the New School Year

Bowles Rice LLP RESA 7 Administrators ForumAugust 4, 2014

The Education Law Groupat Bowles Rice

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 LitigationBob Bays - Eminent Domain Aaron Boone – Civil LitigationJoe Caltrider – Personal Injury Defense Mark D’Antoni – Real EstateMark Dellinger – Human RightsKit Francis – Creditors’ RightsJill Hall - Employee BenefitsRoger Hanshaw – Parliamentary ProceduresJustin Harrison – ADA and Employee LeaveTom Heywood – Legislative MattersBob Kent - Personal Injury DefenseLeonard Knee – Environmental LawEllen Maxwell-Hoffman – EthicsSteve Prunty - EasementsMarion Ray - Workers CompensationCam Siegrist – Bond Issues and FinanceKen Webb - Construction Litigation

Our AgendaOur 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

A Word About This PresentationA 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Due to the rapidly changing nature of the law, information in this presentation may become outdated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

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

““School Laws of West School Laws of West Virginia”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 The latest edition and its CD-ROM/electronic version are already out of date!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

E-Updates & AlertsE-Updates & Alerts

E-Newsletter Mailing ListE-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

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

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

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

Signature Series E-Invitation ListSignature 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

Highlights of 2014 State Highlights of 2014 State Legislation Affecting Public Legislation Affecting Public EducationEducation

Handout, p. 1

Categories of New LawsCategories of New LawsA. InstructionB. Student rightsC. Safe schoolsD. AttendanceE. Compensation and BenefitsF. Professional and Service Personnel G. InnovationH. Business & financeI. Miscellaneous

A. InstructionA. Instruction

House Bill 4618

Establishing Transformative System of Support for Early

Literacy

Handout, p. 12

House Bill 4384

Requiring Teachers of Students with Special Needs to Either Be

Present at an Individualized Education Program Meeting or

Read and Sign a Copy of the IEP

Handout, p. 11

House Bill 4608

Defining Dyslexia and Dyscalculia

Handout, p. 12

House Bill 4373

Relating to Driver Education Programs

Handout, p. 10

B. Student RightsB. Student Rights

Senate Bill 209

Allowing Special Needs Students to Participate in Graduation Ceremonies

Handout, p. 1

House Bill 4316

Creating the Student Data Accessibility, Transparency

and Accountability Act

Handout, p. 8

C. Safe SchoolsC. Safe Schools

House Bill 4237

Prohibiting the Sale, Distribution and Use of Electronic Cigarettes,

Vapor Products and Other Alternative Nicotine Products to

Persons under the Age of 18

Handout, p. 6

House Bill 4208

Banning Synthetic Hallucinogens

Handout, p. 5

Senate Bill 252

Allowing Certain Expelled Students to Return to School through Juvenile Drug Court

Handout, p. 1

House Bill 4005

Relating to Criminal Offenses for Child Abuse and Child

Neglect

Handout, p. 4

House Bill 4006

Relating to the Possession and Distribution of Child

Pornography

Handout, p. 5

D. AttendanceD. Attendance

House Bill 4003

Granting Dual Jurisdiction to Enforce Truancy Policies against Students Who Live in One County

and Attend School in Another

Handout, p. 4

E. Compensation and E. Compensation and BenefitsBenefits

Senate Bill 391

Providing Salary Increase for Teachers and School Service

Personnel

Handout, p. 2

House Bill 4283

Raising the Minimum Wage

Handout, p. 7

House Bill 4365

Relating to Employer Remittance and Reporting of Teachers

Retirement System Member Contributions to the Retirement

Board

Handout, p. 10

Senate Bill 452

Relating to TRS Annuity Calculation of Member with Reciprocal Service Credit

Handout, p. 2

F. Professional & Service F. Professional & Service PersonnelPersonnel

House Bill 4284

Pregnant Workers Fairness Act

Handout, p. 7

House Bill 3156

Granting 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 Employee

Handout, p. 3

House Bill 4392

Regulating Persons Who Perform Work on Heating,

Ventilating and Cooling Systems and Fire Dampers

Handout, p. 11

G. InnovationG. Innovation

House Bill 4619

Authorizing Innovation School Districts

Handout, p. 14

Senate Bill 253

Clarifying Code for Community Based Pilot Demonstration

Project to Improve Outcomes for At Risk Youth

Handout, p. 2

H. Business and FinanceH. Business and Finance

Senate Bill 1009

Relating to Computation of Local Share for Public School

Support Purposes

Handout, p. 3

House Bill 4302

Relating to Elections for Public School Purposes

Handout, p. 8

I. MiscellaneousI. Miscellaneous

House Bill 4298

Changing the Experience Requirements and Composition of the Members of the West Virginia

Ethics Commission

Handout, p. 8

House Bill 4228

Repealing or Removing Certain Portions of Education-

Related Statutes that Have Expired

Handout, p. 6

Recent Decisions of the Recent Decisions of the West Virginia Supreme West Virginia Supreme Court of AppealsCourt of Appeals

Handout, p. 16

1.

Eisentrout v. Preston County Board of Education

Summer Service EmployeesHandout, p. 16

2.

Costello v. The Board of Education of the County of

Monongalia

Willful Neglect of Duty? No Improvement Plan

Handout, p. 16

4.

D. J. v. Mercer County Board of Education

ImmunizationsHandout, p. 16

5.

Raleigh County Board of Education v. Moye

Accounts Payable Supervisors

Handout, p. 16

8.

King v. Nease

FOIA FeesHandout, p. 17

9.

Kanawha County Board of Education v. Kimble

Misconduct in Any Area of EmploymentHandout, p. 17

Recent Decisions of the Recent Decisions of the Grievance BoardGrievance Board

Handout, p. 18

4. Morris v. Harrison County

(cruelty)

6. Clark v. Putnam

(back pay limitations)

7. Shaffer v. Kanawha

(service overtime is extra-duty)

12. Bennett v. Tucker County

(evaluations & improvement plans)

14. Woods v. Nicholas County

(drug free work place)

20. Shaffer v. Kanawha County

(harassment)

21. Dinger v. Mercer County

(fixing errors)

23. Bohan v. Lewis County

(cancelled trips)

24. Ellison v. Fayette

(off duty misconduct)

26. Byers v. Wood

(attendance is correctable)

27. Nestor v. Kanawha County

(service schedule changes)

32. Adkins v. Cabell County

(off duty misconduct)

33. Lucas v. Monroe County

(probationary non-renewal)

37. Fields v. Mingo County

(probationary non-renewal)

38. Smith v. Berkeley County

(marijuana is immoral)

44. Graham v. Wetzel County

(service employee evaluations)

49. Hilton v. Wood County

(willful neglect of duty”

A Word to the Wise About A Word to the Wise About Due Process in Suspending Due Process in Suspending Students from SchoolStudents from School

Lesson learned in Circuit Court

The “three step” procedure for suspending

students under West Virginia’s Safe Schools

Act, West Virginia Code § 18A-5-1a

1. “At the commencement of the informal hearing, the

principal shall inquire of the pupil as to whether he or she admits or denies the charges”

2. “If the pupil does not admit the charges, he or she shall

be given an explanation of the evidence possessed by the

principal and an opportunity to present his or her version of

the occurrence”

3. “At the conclusion of the hearing or upon the failure of the

noticed student to appear, the principal may suspend the pupil

for a maximum of ten school days, including the time prior to the hearing, if any, for which the pupil has been excluded from

school”

The 3-steps required by the Safe Schools Act

1. Allow student to admit or deny

2. If doesn’t admit, explain the evidence, then allow student to give his/her version

3. At conclusion (or if student does not appear), principal may suspend

But buried in Policy 4373 is a different provision!

“At this hearing, the principal must explain why the student is being suspended, and the student must be given the opportunity to present reasons why s/he should not be suspended.”

So it’s a FIVE-step process?1. Allow student to admit or deny

2. If doesn’t admit, explain the evidence, then allow student to give his/her version

3. Explain why student is being suspended

4. Allow student to give reasons why he/she shouldn’t be suspended

5. At conclusion (or if student does not appear), principal may suspend

10 “Red Flag” Legal Issues for school administrators in 2014-2015

#1Addressing employee

absenteeism

#2Bullying and harassment

#3Unauthorized use of

funds

#4Misconduct outside of school and work

#5Evaluations and

improvement plans

#6Divulging student

information

#7Student suspensions

#8Private matters that

come to school

#9Searches of students

and their possessions

#10Technology-assisted

misconduct

Thank you for taking time to Thank you for taking time to improve your understanding of improve your understanding of the school lawsthe school laws

And thank you for all you do to improve And thank you for all you do to improve student achievement in West Virginia’s student achievement in West Virginia’s schoolsschools