6/5/ SAI 2015 Superintendent– Mentor/Mentee Meeting Top 5 Legal Issues this Fall Matt Carver, J.D., Director of Legal Services tel fax –

2 6/5/2016 Top 5 Legal Issues 5. Can’t we all just get along?!  Remind staff members that others in the community are monitoring their social media pages.  It does not set a positive tone or create a culture of trust in the building when staff members are criticizing each other on Facebook or social media sites.  All staff members need to know that their speech on social media is not protected if it creates inefficiency in the workplace.  Without accusing anyone in your building about acting inappropriate, it may be a good time for you to discuss best practices to resolve complaints or issues between staff members.  Also remind them not respond or like/favorite inappropriate comments of other community members.

3 6/5/2016 Top 5 Legal Issues 4. Parent sex offenders on school property.  Remember, if the parent or other visitor’s offense was against an adult, then s/he has the same right to be on school property as any other visitor in that particular category.  Whether the offense was against a minor or an adult, the district may restrict volunteer or employment opportunities.  Even if the offense was against a minor, the parent is able to take the reasonable time necessary to drop his/her child off at school or pick him up.  If the offense was against a minor, then the offender needs written permission to be in the building or at an activity, unless one of the exceptions applies (e.g., voting, dropping off kids, etc.).

4 6/5/2016 Top 5 Legal Issues 3. Communicate with parents/guardians, students, staff, and board members.  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 , unless there is a necessity to make a written record of your position or actions.  Determine who places items on the board’s agenda.  UNDERSTAND THAT COMMUNITY MEMBERS DO NOT HAVE A RIGHT TO BE PLACED ON THE BOARD’S AGENDA!

5 6/5/2016 Top 5 Legal Issues 2. The key to tuition-free attendance is whether the student is living in your district to make it a home and is not there solely for school purpose. While it is ideal for the student to be living with a guardian or someone with power of attorney, s/he does not need to be with such an adult to establish residency. (Consider the custody order) Do not hesitate to communicate with administrators in the student’s past district or where you believe the student may actually reside. Asking the parents a series of questions may help to sort out whether the family is actually living in your district. There is nothing wrong with requiring some proof of residency (e.g., bill, lease) [private information may be redacted]

6 6/5/2016 Top 5 Legal Issues 1. Ensure that you are following Iowa’s open meetings laws (Chapter 21 of the Iowa Code) Remember, student matters are typically in closed session unless requested otherwise. Discussion of employees in closed session may not typically occur without a request from that employee. Board votes must occur in open session. Warn the board about not discussing matters in closed session that are unrelated to the legitimate reason they have gone into closed session. Record closed sessions and then seal the tape/recording.