New Administrators Institutes 2016 Top 10 Legal Issues for Principals (in no particular order) Matt Carver, J.D., Legal Services DIRECTOR ph. - 515.267.1115 email – mcarver@sai-iowa.org

Top 10 Legal Issues 10. Smart phones and other personal technology Make sure you have a clear and well distributed policy You may confiscate cell phones, but I recommend an escalating policy (e.g., I would not recommend confiscating the phone for an extended period of time on the first violation) Apply the “reasonable suspicion” test before searching the phone (e.g.: a student texting during a test would give school officials reasonable suspicion to search the phone; or reliable information that a student was taking pictures in the locker room) Ensure that your cell phone and technology policy does not allow students or visitors to capture unapproved video, pictures, or audio on school property (exception may be made in the policy for games or other activities, like graduation or honor assemblies)

Top 10 Legal Issues 9. Be vigilant about school funds. Do not get sloppy with the bookkeeping or other procedures. It is not just the money, but also the public trust you are guarding. Immediately get a handle on how much money is coming into your school, what it is for, and how it is controlled (make sure that fundraising money is not going into a separate account that a teacher has set up - even if intentions are good) Pay special attention to student activities (NO SLUSH FUNDS) Don’t temporarily “borrow” school funds or allow employees to “borrow” Inform staff that “borrowing” funds = THEFT Increased gambling has led to increased theft from schools Talk to the superintendent about whether your district has enough fidelity insurance coverage

Top 10 Legal Issues 8. Stay on top of individual professional development plans and evaluations for both staff and you. If a staff member ever needs to be terminated, one of the first things that usually haunts the administration is that they did not keep up on evaluations, walk-throughs, and intensive assistance or awareness periods Politely and professionally ensure that you are individually receiving the guidance that you need to succeed Also, don’t forget to praise staff when they do something well

Top 10 Legal Issues 7. Ensure that staff always properly supervise students. Review your building’s technology use policy, and let staff know that it is not proper to be texting or talking on their phone when they should be supervising students. The same is true for the use of other technology when supervision is required, whether outside or inside Staff members do not want viral YouTube videos made with them in the background texting, while a student is doing something idiotic in the foreground If a student is absent from school, send a communication to parents/guardian as soon as it is practicable

Top 10 Legal Issues 6. Emphasize your anti-bullying policy, and ensure that all allegations of bullying are investigated. Bullying is especially prevalent on busses and on social media Get to know your bus drivers and let them know how interested you are in assisting them with any issues of bullying Send a report to the social media site, if a student is bullying another student on such a site Communicate with parents/guardians if a student is being bullied, or if their student is allegedly bullying another student, even if the bullying was away from school, and it did not reach the level of utilizing discipline

Top 10 Legal Issues 5. Communicate with parents/guardians, students, staff, and your supervisor Many issues will never go beyond you or rise to the level of being a problem if parents/guardians, students, and staff feel that you care about them, or, in the case of parents, about their children Get in the habit of meeting with even the most difficult parents, if you foresee a problem surfacing Don’t attempt to solve parent disputes over email, unless there is a necessity to make a written record of your position or actions If you communicate regularly with your supervisor and have a “no surprises” approach you will be less likely to be the one surprised by a negative evaluation down the road

Top 10 Legal Issues 4. Transgender Students, Gender Identity and Use of Restrooms and Locker Rooms Often parents or guardians are involved from beginning, if not, consider the age of the student and student’s desire and relationship with parents/guardians in determining extent of parental involvement It is ok to offer for the student to use a private restroom or shower area, but not permissible under current guidance to require the student to do so It is perfectly reasonable to consider the privacy other students as well to meet their privacy requests, as long as the transgender student or student who identifies with a sex other than assigned at birth is permitted to use restroom or locker room of their desire

Top 10 Legal Issues 3. Don’t lose your temper with students or staff (e.g., waving finger) Be especially weary of short fuses at the end of the day and/or school year Also, when things aren’t going well, don’t turn to alcohol. There is plenty of support out there, from fellow educators and family to SAI staff. If you do drink, DO NOT DRIVE. Even if you are in a small town, just expect to get pulled over. DRUNK DRIVING IS ONE SUREFIRE WAY TO MAKE THE DES MOINES REGISTER.

Top 10 Legal Issues 2. Keep confidential information confidential. DO NOT GOSSIP! Be prepared for individuals in the community to approach you and make comments such as: “Oh, I heard about what Jane Smith did at school the other day.” (They will then expect you to complete the thought.) This is especially the case when Good Conduct is in play Be careful what you share with your spouse or significant other

Top 10 Legal Issues 1. Make sure you have “reasonable suspicion” before searching items or areas in which a student has an expectation of privacy (e.g., backpack, cell phone, notebook, diary, pockets) Ensure you are following your district’s policies when performing locker and other searches (e.g., many districts require that multiple staff are present during locker searches, and that the student is present as well) If your district performs drug dog searches, keep the students away from the dogs Do not breathalyze every student at a dance. Again, use reasonable suspicion as the guide NO STRIP SEARCHES!

10. Smart phones and other personal technology

9. School funds

8. Evaluation

7. Student supervision

6. Bullying

5. Communication

4. Student Rights

3. Don’t lose your temper

2. Confidentiality

1. Searches

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