1. APSRC Legislative Update Charter
4/13/2017
30 Legal Tips in 60 Minutes
presented by the
Arkansas Public School Resource Center

2. Mark White 30 Legal Tips in 60 Minutes
Arkansas Public School Resource Center
Director of Legal Services
1401 W. Capitol Avenue, Suite 315
Little Rock, Arkansas 72201
(501)

3. You have 69 shopping days ‘til Christmas!
“Wanted: Santa Clause” by Kevin Dooley (flickr: pagedooley) is licensed under CC BY 2.0

4. You have 69 days to worry about being sued because of Christmas.
“Wanted: Santa Clause” by Kevin Dooley (flickr: pagedooley) is licensed under CC BY 2.0

5. Tip: It is OK to call it Christmas.
30 Legal Tips in 60 Minutes
Tip: It is OK to call it Christmas.

6. Tip: Like all good things, Christmas music is OK in moderation.
30 Legal Tips in 60 Minutes
Tip: Like all good things, Christmas music is OK in moderation.

7. 30 Legal Tips in 60 Minutes
Tip: Never require a student to perform or communicate a Christmas message.

8. Tip: Avoid nativity scenes and other explicitly religious symbols.
30 Legal Tips in 60 Minutes
Tip: Avoid nativity scenes and other explicitly religious symbols.

9. Tip: Be aware of school board prayer.
30 Legal Tips in 60 Minutes
Tip: Be aware of school board prayer.

10. Tip: Treat student religious clubs as if they were non-religious.
30 Legal Tips in 60 Minutes
Tip: Treat student religious clubs as if they were non-religious.

11. Jennifer Davis 30 Legal Tips in 60 Minutes
Arkansas Department of Education
Staff Attorney
Four Capitol Mall, Room 301-A
Little Rock, Arkansas 72201
(501)

17. Tripp Walter 30 Legal Tips in 60 Minutes
Arkansas Public School Resource Center
Staff Attorney
1401 W. Capitol Avenue, Suite 315
Little Rock, Arkansas 72201
(501)

18. 30 Legal Tips in 60 Minutes Tip: Document, Document, Document
Document all activities/issues of importance (for example, student discipline issues, child maltreatment, employee discipline issues, child custody issues, etc.).
Making a written record as soon after the activity occurs will ensure you accurately document the activity, and could prove to be invaluable if issues arise later.

19. 30 Legal Tips in 60 Minutes
Tip: Train staff on your personnel policies and student handbooks.
These documents are part of the “law” governing your school/district.
You do not want staff who are unfamiliar with key policies (such as sexual harassment) trying to figure out the policy in an emergency situation.

20. 30 Legal Tips in 60 Minutes
Tip: Know when sick leave applies and when the Family Medical Leave Act (FMLA) applies. Employees who handle leave issues for your school/district should:
Be thoroughly versed in the difference between sick leave and the FMLA;
Know how to place the employee in the correct leave category; and
Know what documentation and procedures are applicable to each.

21. 30 Legal Tips in 60 Minutes
Tip: For charter schools: Keep a copy of the latest version of your charter nearby, so that you can compare your actions (especially goals and academic plan) with the commitments you made in the charter.

22. 30 Legal Tips in 60 Minutes Tip: Use your waivers!
Regardless of how you obtained your waivers from the State (Charter, School of Innovation, or Act 1240), you should check on an ongoing basis to see if you are utilizing your waivers.
You will asked by the State when you are seeking to renew the waivers how you have utilized them, and if you haven’t, why you still need them.

23. Jennifer Wells 30 Legal Tips in 60 Minutes
Arkansas Public School Resource Center
Staff Attorney
1401 W. Capitol Avenue, Suite 315
Little Rock, Arkansas 72201
(501)

24. 30 Legal Tips in 60 Minutes Tip: Screenshot it!
Remember to screenshot things that you have questions about on the computer or a phone.
Electronic things disappear, and screenshots, along with a record of when and where it was taken, can be valuable evidence for later.

25. 30 Legal Tips in 60 Minutes Tip: Students on social media
Put one person in charge of social media accounts and make sure that person is very familiar with which students have permission to be featured on district websites.
That permission may be via directory information or by a separate consent form.
Don’t post individual photos of kids if possible; use group shots.

26. 30 Legal Tips in 60 Minutes
Tip: When in doubt, call the child maltreatment hotline. You could lose your job if you don’t.

27. 30 Legal Tips in 60 Minutes
Tip: Don’t skip calling the child maltreatment hotline just because you know that someone else has called. Each mandated reporter has a separate duty to call on their own and must do so.

28. 30 Legal Tips in 60 Minutes
Tip: Use APSRC’s USERRA Order of Duties Chart to help you make decisions if you have an employee who is called to active military duty.

29. 30 Legal Tips in 60 Minutes
Tip: Use APSRC’s FERPA Waiver form if you have a 3rd party request for FERPA information, including from an attorney who represents a student. Remind staff about who holds FERPA rights (parents until student is 18; dependent students exception). Anyone else needs a signed waiver.

30. Mark White 30 Legal Tips in 60 Minutes
Arkansas Public School Resource Center
Director of Legal Services
1401 W. Capitol Avenue, Suite 315
Little Rock, Arkansas 72201
(501)

31. 30 Legal Tips in 60 Minutes
Tip: Social Media: It is usually better to discipline behavior instead of speech.

32. 30 Legal Tips in 60 Minutes
Tip: Social Media: Ask these five questions before disciplining a student for off- campus speech:
Could the speech materially disrupt the school environment?
Is the speech political, or is it personal?
Does the speech violate school policy?
Were school resources or equipment used to communicate the speech?

33. 30 Legal Tips in 60 Minutes
Tip: Social Media: Have a policy in place before you block or censor public comments on any official website, Facebook page, or other social media account.

34. Tip: Social Media: You are never truly anonymous.
30 Legal Tips in 60 Minutes
Tip: Social Media: You are never truly anonymous.

35. 30 Legal Tips in 60 Minutes
Tip: FERPA: Non-custodial parents have the same rights as custodial parents, unless a court says otherwise.

36. 30 Legal Tips in 60 Minutes
Tip: FERPA: The police do not have special rights to access private student information.

37. 30 Legal Tips in 60 Minutes
Tip: Ethics: Beware if you have a family member who contracts with the school or works for a school vendor.

38. 30 Legal Tips in 60 Minutes
Tip: Ask for help!

39. Thank you!
Mark White Arkansas Public School Resource Center Director of Legal Services (501) Tripp Walter Staff Attorney
Jennifer Davis Arkansas Department of Education Staff Attorney (501) Jennifer Wells Arkansas Public School Resource Center (501)