Legal Services Session VI – March 28, 2017

General Responsibilities Provide daily legal advice to LTISD leadership Represent LTISD in legal matters Legal trainings Coordinate outside provision of legal services as needed LT CLASS Project 2016-2017

Governance Matters - Example John Pulitzer, a news reporter, requests to see all of the District’s financial statements for the last 10 years. Does the District have to comply with his request and allow access to this information? What if he asks for a list of all teachers and their salaries? LT CLASS Project 2016-2017

Governance Matters Open Meetings Act Public Information Act Board policy and administrative regulations Handbooks (students, employees) / Student Code of Conduct Grievances/appeals of decisions by leadership Legislative work and implementation LT CLASS Project 2016-2017

Employment Matters - Example Gilbert Gottfried teaches second grade. Parents have complained all semester long that his voice is so difficult to listen to that their children have not learned a thing and, as a consequent, are going to be behind all of the other fourth grade students. At semester break, Parents and other staff start demanding that Gilbert not come back to teach next year. Can the District get rid of Gilbert? LT CLASS Project 2016-2017

Employment Matters Hiring / Contracts Employee misconduct Discipline, write ups, nonrenewal, termination Employee complaints that need legal attention Employment law compliance (e.g., ADA, FLSA, FMLA, Whistleblower Act, Workers’ Compensation) Claims of harassment, retaliation, discrimination – Local grievance, EEOC, OCR LT CLASS Project 2016-2017

Business Matters - Examples The District purchases frozen meat every week. These purchases over a 12-month period cost the district $85,000. Can the District just call up HEB every week and have them sell us the frozen meat? LT CLASS Project 2016-2017

Business Matters Procurement process Vendor contracts Construction Acquisition & sale of real property Miscellaneous (e.g., advertising agreements, affiliation agreements, MOUs, consultant agreements, donation agreements, broadcast agreements) LT CLASS Project 2016-2017

Student Matters - Examples Paul is a star athlete and has a home basketball game next Tuesday. Father indicates that he would like to attend the basketball game and asks for information about when and where the game will be held. Mother finds out that Father has been in contact with the school and is planning to attend the next home basketball game. Mother calls the school and insists that we not allow Father to attend the game because she has custody of Paul and “it’s not his turn to have Paul.” The divorce decree on file indicates that father does not have legal possession of the child on Tuesdays, but the father does have the conservatorship right to “attend all school activities.” Can we agree to the Mother’s request and not allow Father to attend? LT CLASS Project 2016-2017

Student Matters Family Educational Rights and Privacy Act Students’ rights issues First Amendment Discrimination, retaliation, harassment Bullying Misconduct/discipline Grievances Residency/enrollment/transfers Family law issues LT CLASS Project 2016-2017

Student Matters Students with disabilities Section 504 or IDEA Daily compliance ARD meetings TEA complaints & due process hearings Discrimination (Office of Civil Rights) Discipline LT CLASS Project 2016-2017