Presented by V. Wayne Young, Executive Director and General Counsel Kentucky association of School Administrators June 13, 2014.

Slides:



Advertisements
Similar presentations
November 19, Employment and Recruitment 2. Non-Discrimination Notice 3. Sexual Harassment 4. Criminal Background Check 5. Child Abuse and Neglect.
Advertisements

1 FORMULATING PRIORITY & SENIORITY LISTS Los Angeles Southwest College July 2008.
Kentucky’s Bullying Statutes
Dispute Resolution Under the Congressional Accountability Act
SB 161 (Senate Bill 161) SB 161, The Huff Bill Approved by the Governor October 7, 2011 Emergency administration of epilepsy medication (trade name Diastat)
EDUCATIONAL POLICIES Alyssa Martin, NDSBA Director of Policy Services Annette Bendish, NDSBA Legal Counsel.
Staff Development Emergency Operations 1. Identify 5 purposes of the offender/student grievance process Identify 5 grievable issues Identify 12 non-grievable.
ERIC PALTELL, ESQ. KOLLMAN & SAUCIER, P.A CUMBERLAND VALLEY SHRM LEGAL & LEGISLATIVE CONFERENCE Recent Developments in Maryland Employment Law.
Texas Code of Criminal Procedure. Terminal Objective Upon completion of this module, the participant will be knowledgeable about the sections of the Code.
Laws Affecting School Board Issues presented by Stephanie J. Mather of the.
Overview of Education Litigation FEA Delegate Assembly October, 2012.
CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction Parental Waivers for English Learners Carlos Rivera, Administrator.
New Principals’ Workshop October 5, GOVERNANCE The Principal’s Role New Principals’ Workshop.
F L O R I D A D E P A R T M E N T O F B U S I N E S S A N D P R O F E S S I O N A L R E G U L A T I O N Division of Regulation Complaint Process Division.
Outpatient Services Programs Workgroup: Laura’s Law May 29, 2014.
Suing the Federal Government. 2 History Traditional Sovereign Immunity US Constitution "No Money shall be drawn from the Treasury, but in Consequence.
Juvenile Justice system
HARASSMENT, INTIMIDATION AND BULLYING POLICY AND PR0CEDURES Irvington Public Schools Staff Training School Year.
Prof. Washington Civ. Pro. Spr. 06 PLEADINGS. PLEADINGS The pleading stage of litigation involves the complaint, the answer and pre-answer motions The.
Bakersfield City School District April No. Student exclusion from compulsory school attendance is limited to a student being underage or due to.
Harassment, Intimidation, and Bullying Policies and Legislation
1 GASPA Spring Conference Legal Issues Update May 7, 2009 Presented by: Phil Hartley Harben, Hartley & Hawkins, LLP Wachovia Center, Suite Jesse.
Current Legal Issues in Risk Management February 16, 2011 Presented by: Phillip L. Hartley Harben, Hartley & Hawkins, LLP.
PERSONNEL PUZZLE Pulling all the Pieces Together.
STEPHEN P. POSTALAKIS BLAUGRUND, HERBERT, KESSLER, MILLER, MYERS & POSTALAKIS, INCORPORATED OHIO ASSOCIATION OF COUNTY BOARDS.
December 9, WHY?  1 st Call: September 2003  2 nd Call: January 13, 2011  Hearing: May 1, MONTHS.
Who Must Comply? When is a patient authorization NOT required?  As needed for the protection of federal and state elective constitutional officers and.
TOP TEN WAYS TO LOSE YOUR TEACHING CERTIFICATE
Presented by V. Wayne Young, Executive Director and General Counsel Kentucky Association of School Administrators KASA Education Law and Finance Institute.
The “Anti-Bullying Bill of Rights Act” Summary Effective Glen Ridge Public Schools.
Chapter 2 Law and School Psychology: An Introduction Jacob, Decker, & Hartshorne 1.
Chapter 13 LEGAL LIABILITY, RISK, AND INSURANCE MANAGEMENT.
1 JUVENILE COURT PROTECTION CASES: THE PLAYERS POVERTY LAW Irene M. Opsahl.
Reporting Requirements for School Staff Presented by Nancy Hungerford November 30, 2011 Presented by Nancy Hungerford November 30, 2011.
Bylaws, Rules, and Periodic Review – Updates from Standards and Practices Julie Adams, ASCCC Executive Director Craig Rutan, ASCCC South Representative.
Sharing confidential information Who DFCS can tell.
Liability of Environmental Health Specialists Aimee Wall County Attorneys’ Winter Conference February 11, 2006.
Teacher Quality Initiative Evaluating Current Practice, SB 6, and the 2011 initiative 1.
Adult Education Layoff and Recall Meeting. CONTEXT Mark Pearmain, Director of Instruction  Declining Enrollment – Year 2  Roberts Education Centre -
School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e © 2012 Pearson Education, Inc. All rights reserved. Chapter 11 The Instructional.
Effective Partnerships in Providing Education to Youth in Detention Centers Sheril R. Smith, Ph.D., Director Office of Dropout Prevention Mississippi Department.
Juvenile Justice How and why juvenile justice differs from adult justice.
707 KAR 1:360 Confidentiality of Information. Section 1: Access Rights 1) An LEA shall permit a parent to inspect and review any education records relating.
Public Health Management Current Affairs Keita Cannon, SPHR, CPM Local Government Program Team Leader North Carolina Office of State Personnel
Copyright © Allyn & Bacon 2008 Chapter 11 The Instructional Program This multimedia product and its contents are protected under copyright law. The following.
Legislative Provisions for Aftercare in Northern Ireland and Scotland Susan Carey BL, Anne-Marie O’Sullivan BL & Lucy McRoberts BL.
Family Educational Rights and Privacy Act (FERPA) UNION COLLEGE.
Calloway County Schools CONFIDENTIALITY TRAINING Protection of Personal Information School Year
Chapter 40 Labor and Employment Law. 2  What is the employment at will doctrine? When and why are exceptions made?  What federal statutes govern working.
Institute for Criminal Justice Studies Texas Family Code.
Amy Groh, MA Director of Crisis Intervention Services 19 N. 6 th Street. Reading, PA (610) Crisis Intervention & Emergency Services.
11 CHANGES IN ARREST POWERS IN HB NOTE: Officers should have a copy of DOCJT handout entitled: “House Bill 463 Training Letter” “House Bill 463.
Category Day Presentation to the Public Health Service Commissioned Corps June 21, 2012.
The Nuts and Bolts of PD The Role of the District Professional Development Coordinator Kentucky Department of Education Office of Next Generation Learners.
“Creating A More Educated Georgia” Legal & Compliance Issues Chris McGraw Assistant Vice Chancellor for Legal Affairs Board of Regents University System.
CHAPTER 9 Legal Capacity to Contract. 9-1 Contractual Capacity of Individuals & Organization What is Capacity? Contractual Capacity – the ability to understand.
“A Georgia Charter System” Floyd County Schools Reduction In Force Process The Superintendent’s FY14 Plan Dr. Jeff McDaniel, Superintendent.
Welcome to Job Corps!!!. WHAT IS JOB CORPS? JOB CORPS IS THE NATIONS LARGEST CAREER TECHNICAL TRAINING AND EDUCATION PROGRAM FOR YOUNG PEOPLE AGES
Chapter 11 The Instructional Program
Ask Matt - September 2011 – Enrollment, Custody, and Misconduct
Education Employment Procedures Law of 2001
Region 7 Education Service Center
ADMINISTRATIVE DUTIES OF DISTRICT JUDGES
Region 7 Education Service Center
Spencer County Public Schools Responsible Use Policy for Technology and Related Devices Spencer County Public Schools has access to and use of the Internet.
Inter District Transfers & Appeals
Connections Abuse Prevention Plan 2018.
DFS Contested Case Hearing Process
Three-Tiered Truancy Intervention Plan
Nebraska Supreme Court rules on interpreters Additions & Amendments
Presentation transcript:

Presented by V. Wayne Young, Executive Director and General Counsel Kentucky association of School Administrators June 13, 2014

Meyer v. Webb There were fifteen FRYSC coordinators in the Floyd County School District. That number was reduced to fourteen. Meyer was the sixth most senior. Meyer was not retained as a FRYSC coordinator, but was instead placed as a FRYSC clerk at $6200 less in salary. Meyer claimed her transfer was the result of an improperly conducted reduction in force. The court held a reduction in force under KRS (8) requires a reduction in the total number of employees. The plain meaning of the language " reduction in force," equates with " layoff“. The transfer did not constitute a reduction in force.

Spalding v. Marion County BOE Spalding was employed as a Family Literacy Instructor. Her contracts did not specify whether the position of Family Literacy Instructor was classified or certified. She held a certificate and requested a Rank change The district denied the request, and stated that she was a classified employee. Some facts indicated that although the position was clearly a classified position, the board had previously viewed and treated her as a certified employee. Court held she was entitled to trial on that factual issue.

Patton v. Bickford, et al Parent filed wrongful death action against educators alleging negligence in failing to supervise students at Allen Central Middle School ("ACMS"). Claimed failure to comply with school and district anti- bullying policies and procedures, which resulted in child being subjected to constant bullying, and eventually taking his own life. Court ruled that even if it could be proven that educators breached their duty of care, under Kentucky law, an act of suicide is an intervening and superseding act that cuts off liability (with minor exceptions that did not apply here).

2014 General Assembly HB 79 – Amends KRS as follows: “A school district may provide an approved high school program to a student who is a refugee or legal alien until the student graduates or until the end of the school year in which the student reached the age of twenty-one (21), whichever occurs first.”

2014 General Assembly HB 98 – Amends KRS as follows: “Beginning July 15, 2014, a school district shall permit a student who has diabetes or a seizure disorder to attend the same school the student would attend if the student did not have diabetes or a seizure disorder. Such a student may only be transferred to a different school based on health care needs if the individualized education program team, the Section 504 team, or if appropriate, the student's health services team, makes the determination that the student's health condition requires that the student's care be provided by a licensed health care professional at a different school.”

2014 General Assembly HB 211 – Amends KRS as follows: Provides flexibility to local districts in designing and amending school calendars Requires 1062 instructional hours and 170 instructional days (no longer requires 170 six-hour days) Allows local districts discretion to lengthen or shorten school days to amend calendar Allows school to be held on all KEA days (spring and fall) with leave for delegates No change in primary election day

2014 General Assembly SB 200 – Juvenile Justice Reform Come to the breakout session tomorrow morning!