TSD Conference 2015 Top Ten Tips for Avoiding Liability Presented by: Peggy Burns, Esq. President, Education Compliance Group Mark Hinson, SPHR Chief Human Resource Officer Adams 12 Five Star Schools Consultant, Education Compliance Group Copyright Education Compliance Group. All rights reserved.

Enact and Communicate Sound Policies The value of anti-harassment policies – clear and well-communicated The necessity for enacting policies especially in areas where the law is unsettled (e.g., social media) The use of policies as expression of expectations and priorities The importance of revisiting and updating policies on an on-going basis

Self-Assess and Monitor Actual compliance with IEP’s Communication structures with other departments within the organization The company’s or district’s work environment and culture, including effectiveness and style of managers and supervisors

Document, document, document To capture details To show importance of an incident or policy To clarify expectations To resolve “he said, she said” To preserve information that may have evidentiary value To minimize organizational exposure to formal complaints filed with federal agencies (EEOC, OCR, etc.)

Initiate Inquiries and Investigations The role of notice: Train staff to report matters that you’re required to investigate Include other departments such as: Legal, HR, Special Ed and/or law enforcement as may be necessary Respond to events in a timely manner Employ appropriate investigatory processes

Training Musts Drivers and attendants: ◦ The importance of adhering to district and dept. policies that are non-discretionary Dispatchers ◦ Answers for questions from drivers and attendants Middle level managers ◦ Federal employment laws (e.g., FLSA, ADA, Title VII)

Respect the First Amendment Issues to watch: Time, place and manner Context in which the dispute rose Impairment of discipline, or interference with harmony Detrimental impact on necessary team work Impedes duties or interferes with operations

Understand and Confront Bullying Workplace: Mistreatment severe enough to compromise a targeted worker’s health, jeopardize his job and career, and strain relationships with friends and family Student-to-student: Persistent, unwanted, aggressive behavior involving a real or perceived power imbalance. When a member of a protected class is targeted, bullying may constitute harassment (unwelcome conduct based on a protected class that is severe, pervasive, or persistent and creates a hostile environment).

Use Hiring Practices that Support Your Goal Background checks The 3-legged stool: ◦ Job Descriptions What are the essential functions? ◦ Evaluations What is their role and value for maintaining employment? ◦ Compensation Ability to attract and retain What are the necessary “soft skills”? Hiring beyond a CDL

Foresee the Foreseeable Foreseeability/ Reasonable Action Equation: When you’re on notice of likely student or workplace issues, take reasonable steps Provision of FAPE and overall safety of the student involves foreseeing and providing for emergency situations as well as day-to-day needs of the student

Discipline Fairly and with Purpose When “process is due,” provide due process Treat similar situations in a similar manner Be able to articulate the basis for the decision Have documentation that supports the decision When a situation is likely to endanger students – Ignoring, or failing to act appropriately to discipline, can leave you vulnerable to a claim of deliberate indifference Take steps to avoid retaliation claims Address performance concerns in a timely manner Consult with HR as appropriate

3904 NW Platte Brooke Drive Kansas City, MO Contact Mark and/or Peggy at: Education Compliance Group