Why Your School Board Attorney Should be a COSA Member Lester B. Johnson, III, Savannah-Chatham County Public School system; Phillip L. Hartley, Managing Partner, Harben, Hartley & Hawkins, LLP

A Day In the Life of a School Attorney… Open Meetings Act Freedom of Information Act

Only COSA Supports Only Public School Board Attorneys COSA is the only professional membership organization supporting exclusively attorneys representing K-12 public school boards and state school boards associations attorneys and growing

COSA Members At A Glance Practice TypeNumber% of total membership Law Firms and Government Agencies245580% State School Boards Associations1033% School District In House Counsel (our fastest-growing category) 50016% Total Membership3058

NSBA Council of School Attorneys -- Mission To support school attorneys in their representation of public school boards by providing leadership in legal advocacy for public schools.

NSBA Council of School Attorneys -- Purposes a) To provide a national forum for the discussion of legal issues and problems encountered by school attorneys in providing legal counsel, advice, and representation to school boards and school board associations; b) To promote and develop a closer relationship and better understanding between school attorneys and their clients, school boards and school board associations; c) To provide a means by which school attorneys can advocate on behalf of public schools; and d) To be the leader and nationally recognized educator and authority on school law.

What does COSA membership mean for a school attorney? You are up-to-date You are plugged in to formation of school law at the national level You have access to a nation-wide network of school attorneys You have the resources of NSBA behind you

COSA Members are Up-To- Date and Informed Publications Newsletters Journals updates Blogs

COSA Members Help Shape School Law at the National Level NSBA Amicus program COSA Working groups on issues including Data Privacy and IDEA Reauthorization Advisory Group on NSBA Advocacy

COSA Members Have Access to a Nationwide Network of School Attorneys NSBA Connect discussions – we’re the most active group at NSBA and one of the most active discussion groups in the country using this platform.

COSA Members Are Part of the NSBA Network Legal, Federal and Public Advocacy State Association Member Services

NSBA Legal Advocacy Ensuring Courts Understand School Board Concerns NSBA is a “friend of the court” in key cases, explaining how the court’s decision will affect the policies and day-to-day operations of schools. Containing Federal Agency Incursion on Local Board Authority NSBA is challenging unprecedented federal agency overreach through public comment, conversations, strategy sharing and programming Informing the Public about School Law NSBA is the public’s premier source for school law updates.

LONG V. MURRAY COUNTY SCH. DIST. (11 TH CIR. 2013) COSA at work: A Case Example

Long v. Murray County Sch. Dist. (11 th Cir. 2013) Tragic Facts: Murray County junior Tyler Long committed suicide at home on Oct. 17, Tyler, was diagnosed with Asperger’s Syndrome in Tyler was the subject of many instances of teasing and bullying which were reported to school officials IEP addressed social needs and bullying. School Had: No-harassment policies STEP discipline process Online complaint form But No: Specific mention of disability harassment Specific charge from the school leadership on anti- bullying processes. Confidential drop box 14

The lawsuit… Parents claimed: School deliberately indifferent to known harassment under 504/ADA and therefore liable. Three Expert Witnesses testified: School was not diligent recognizing and responding to bullying School failed to prevent harassment, by failing to meet generally accepted standards for schools and administrators Psychological autopsy analysis concluded suicide caused by bullying. 15

After the trial court granted judgment in favor of the school district, the parents appealed… US DOJ/ED filed briefs in support of the parents, arguing deliberate indifference existed when school is ineffective in preventing sustained disability discrimination. Determination of DI should include use of “known” prevention strategies by school. Arguments tracked OCR’s expansive enforcement standard on bullying and harassment. 16

The district’s (COSA) attorneys asked for help from NSBA. NSBA’s brief asked the Court of Appeals: Not to expand the existing Supreme Court peer harassment standard (Davis v. Monroe County Board of Education) Not to conflate Davis standard with OCR enforcement standards. Not to expand Davis’ actual notice requirement by triggering school upon any report of peer “bullying.” 17

11 th Circuit rules for school district… School district was not deliberately indifferent to peer harassment. Deliberate indifference standard in Davis applies to § 504 and (ADA) claims. Upheld district court ruling that the school district was not liable for student-on-student harassment under either federal anti- discrimination disability statute. Importance of case: failure of remediation is not a per se indicator of deliberate indifference. 18

In Conclusion….Why Your School Board Attorney Should be a Member of COSA: School law updates and publications Connection to school attorneys Tailored continuing legal education Link to NSBA Advocacy

Find Out More About COSA: school-attorneys-cosa school-attorneys-cosa Informative video, membership form, and benefits information Contact Sonja Trainor, COSA Director, with any questions:

Working with and through our State Associations, to advocate for equity and excellence in public education through school board leadership.