1. Legal Issues Ryan Owens CCOSA Executive Director Hayley Jones CCOSA Deputy General Counsel Copyright © 2016, The Cooperative Council for Oklahoma School Administration, All rights reserved.

2. Conflict of Interest Section 780:15-3-7(D) Oklahoma Administrative Code Not use position or influence for any personal gain; and will avoid actions that create a conflict of interest and strive to avoid actions that might appear to create a conflict of interest.

3. Professional Responsibility Section 780:15-3-7(E) Oklahoma Administrative Code ->Fulfill professional responsibilities with honesty and integrity. The Board of Education, superintendent, administration, faculty, and staff will fulfill their duties and responsibilities with honesty and integrity and improve their professional effectiveness through continuing professional development. Board members will be diligent and well informed of issues surrounding Board decisions and regularly attend Board meetings.

4. Transgender Issues & Title IX “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U.S.C. sec. 1681(a). Under Title IX regulations, a school district may not treat individuals differently on the basis of sex with regard to any aspect of services, benefits, or opportunities it provides, or subject students to separate or different rules of behavior, sanctions, or other treatment. 34 C.F.R. sec. 106.31(a)-(b).

5. U.S. Department of Education Office of Civil Rights (OCR) “Title IX’s sex-discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity and OCR (Office of Civil Rights) accepts such complaints for investigation.” April 29, 2014

6. Common Terms for Understanding and Discussing Transgender Issues The following are a few transgender terms used by the U.S. Department of Education’s Office for Civil Rights (OCR): “Gender-based discrimination” is a form of sex discrimination, and refers to differential treatment or harassment of a student based on the student’s sex, including gender identity, gender expression, and nonconformity with gender stereotypes, that results in the denial or limitation of education services, benefits, or opportunities. “Gender identity” refers to one’s internal sense of gender, which may be different from one’s assigned sex, and which is consistently and uniformly asserted, or for which there is other evidence that the gender identity is sincerely held as part of the student’s core identity. “Transgender” describes an individual whose gender identity is different from the individual’s assigned sex at birth.

7. Dear Colleague Letter on Transgender Students “Both the U.S. Department of Education and the U.S. Department of Justice treat a student’s gender identity as the student’s sex for purposes of Title IX and its implementing regulations.” “This means that a school must not treat a transgender student differently from the way it treats other students of the same gender identity.” “Under Title IX, there is no medical diagnosis or treatment requirement that students must meet as a prerequisite to being treated consistent with their gender identity. May 13, 2016

8. Dear Colleague Letter on Transgender Students “A school’s Title IX obligation to ensure nondiscrimination on the basis of sex requires schools to provide transgender students equal access to educational programs and activities even in circumstances in which other students, parents, or community members raise objections or concerns.” “As is consistently recognized in civil rights cases, the desire to accommodate others’ discomfort cannot justify a policy that singles out and disadvantages a particular class of students.” May 13, 2016

9. Bullying Numerous studies demonstrate that the bullying, harassment, and discrimination faced by transgender and gender nonconforming students is often pervasive. According to a report by the Gay, Lesbian & Straight Education Network, nearly nine in ten transgender students have been verbally harassed in the last year due to their gender expression (87%), and more than half have also been physically assaulted (53%). However, most (54%) transgender students do not feel that they can report incidents of victimization to school authorities, and less than a fifth of transgender students said that school staff intervened most of the time or always when hearing homophobic or negative remarks about someone’s gender expression. In fact, more than a third of transgender students report that they have heard school staff make homophobic statements, sexist remarks, or negative remarks about someone’s gender expression.

10. Bullying Nearly half of transgender students report regularly skipping school because of safety concerns, clearly impacting their ability to receive an education, and nearly one in six (15%) of transgender and gender nonconforming students face harassment so severe that they are forced to leave school. Transgender students who experience high levels of harassment had grade point averages about half a grade lower, and were also less likely to plan to go to college.

11. What’s Best for Students? The privacy and safety of each student should be an overarching consideration. When a transgender student requests accommodation, a building administrator should meet with the student to discuss the request and any supports needed to ensure equal opportunity to participate in the school’s education programs.

12. Compliance with Title IX Safe and nondiscriminatory environment Gender expression—appearance and dress Preferred name and pronouns Restroom access Athletic participation—OSSAA policy

13. Tobacco Use & Possession on PK-12 School Campuses In 2015 the Oklahoma Legislature passed HB 1685, which creates the “24/7 Tobacco-free Schools Act” The Act prohibits the use of tobacco products in or on an educational facility that offers an early childhood education program or in which children in grades kindergarten through twelve are educated. The use of a tobacco product is also prohibited in school vehicles and at any school-sponsored or school-sanctioned event or activity.

14. As used in the 24/7 Tobacco- free Schools Act: "Chewing tobacco" means any Cavendish, twist, plug, scrap, and any other kinds and forms of tobacco suitable for chewing; "Educational facility" shall mean any property, building, permanent structure, facility, auditorium, stadium, arena or recreational facility owned, leased or under the control of a public school district or private school located in the state. For purposes of this act, a public school district shall not include a technology center school district; "School vehicle" means any transportation equipment or auxiliary transportation equipment as defined in Section 9-104 of Title 70 of the Oklahoma Statutes; "Smoking tobacco" shall mean any granulated, plug cut, crimp cut, ready rubbed, and any other kinds and forms of tobacco suitable for smoking in a pipe or cigarette; and "Tobacco product" shall mean any bidis, cigars, cheroots, stogies, smoking tobacco and chewing tobacco, however prepared. Tobacco products shall include any other articles or products made of tobacco or any substitute thereof.

15. Tobacco Use & Possession on Technology Center Campuses: Title 63 of the Oklahoma Statutes provides that for technology center school districts which educate children in grades PK-12, no smoking or other use of tobacco products shall be allowed in any educational facility building or on the grounds of the facility by any person during the hours of 7:00am to 4:00pm when school is in session or at other hours when a class, activity, or program for students is in session. However, administration MAY, at the discretion of the board, designate smoking areas outside the buildings, away from general traffic areas and completely out of sight of children under 18, for use by adults during certain activities—including training courses, meetings, seminars, and athletic events.

16. Vapor Products SB 1602 (2014): makes it illegal to sell e-cigarettes or “vapes” to minors. New Food and Drug Administration (FDA) regulations going into effect on August 8, 2016 extend the FDA’s authority to regulate tobacco products to include the regulation of electronic nicotine delivery systems (such as e-cigarettes and vape pens), all cigars, and hookah (waterpipe) tobacco, among others.

17. Reckless Driving on Campus Reckless driving occurs whenever someone operates a vehicle in such a way that it poses a risk to others. Reckless driving is more than simply making a mistake or being negligent while driving. A driver has to act willfully and with an active disregard for safety.

18. Reckless Driving on Campus Driving on campus is a privilege – not a right. Review your student handbook, policies, and employee code of conduct to ensure adequate notice of possible penalties. - Non-driving penalty (suspension, etc.) - Suspension of driving privilege - Revocation of driving privilege Consider reporting egregious incidents to law enforcement.

19. Four Day School Week During the 2016 legislative session, CCOSA surveyed our members and found that over 100 districts were considering moving to a four day school week for the 2016-17 school year. Implications for Career Tech?

20. Campaign & Election Issues Public employees are prohibited by law from using public resources to influence the outcome of an election. Treat state elections (legislature, governor, state question) as you would a local bond election. It is okay to inform about the measure and let folks know information about the election – you cannot use public resources to take a side!

21. Questions???