1. FIVE Legal QUESTIONS Andy Fugitt The Center for Education Law, Inc.
Oklahoma Association of School
Business Officials
September 26, 2019

2. Questions When do we call law enforcement/DHS?
Can I give a student records to law enforcement?
How does a school terminate/non-renew an employee?
What do I do if we receive a subpoena for student records?
Can we discipline a student for something that happened off-campus?

3. When to call law enforcement
Every school employee having reason to believe that a child under the age of eighteen (18) years is a victim of abuse or neglect shall immediately report the matter promptly to the Department of Human Services and local law enforcement. (10A O.S. § ); allegations of abuse or neglect involving students over eighteen (18) shall be immediately reported to local law enforcement;
An officer or employee of a school district or member of a board of education shall notify law enforcement of any verbal threat or act of threatening behavior which reasonably may have the potential to endanger students, school personnel or school property; (70 O.S. Sec );
Do these laws apply to student conduct?

4. Law enforcement request for student records
Per FERPA you may disclose student education records to law enforcement without parental consent (and without a warrant or subpoena) in order to address a specific and articulable threat of a health or safety emergency (disclosure is necessary to protect the health or safety of the student or other individuals). These disclosures must be related to a significant and articulable emergency, such as an impending natural disaster, a terrorist attack, a campus threat, or the outbreak of an epidemic disease.
Disclosure to DHS – probably allowed. DHS has authority under OK law to obtain nondirectory education records (for a child in DHS custody, or in conjunction with an abuse or neglect investigation). The US DOE has said that schools may release such records (without parent consent) to a child protective services agency in conjunction with a child abuse investigation.

5. Employee termination/non-renewal
Due process procedures set by statute; generally involve written notice of proposed action and the reasons, and of the right to a board hearing;
Which employees are entitled to due process –
All certified; all support who have been employed for more than one (1) calendar year;
Termination of extra-duty does not involve due process;
Decision not to rehire teacher on a temporary contract does not involve due process; mid-year separation does;
Teachers – due process starts when the Board acknowledges the Superintendent’s recommendation for termination/non-renewal and sets a hearing;
Support- due process starts the with the Superintendent’s recommendation for termination/non-renewal

6. Employee termination/non-renewal
Probationary v. career status; was teacher employed prior to ?
Employed prior to and complete three consecutive years = career status;
17-18 and after: (1) three consecutive years with superior rating 2 of 3 years; or (2) four consecutive years with average evaluation of “effective” with “effective” rating last two years; or, (3) four consecutive years, not met (1) or (2) and principal, superintendent and board agree teacher should receive career status.
Probationary teacher can be dismissed or non-renewed for cause; any cause related to classroom performance requires a PDP/admonishment;
Career teacher can be dismissed/non-renewed for statutory reasons (Willful neglect of duty; Repeated negligence in performance of duty; Mental or physical abuse to a child; Incompetency; Instructional ineffectiveness; Unsatisfactory teaching performance; Commission of an act of moral turpitude; or Abandonment of contract.)
Any cause related to classroom performance (probationary or career) requires

7. Employee termination/non-renewal
Probationary v. career status; was teacher employed prior to ?
Employed prior to and complete three consecutive years = career status;
17-18 and after: (1) three consecutive years with superior rating 2 of 3 years; or (2) four consecutive years with average evaluation of “effective” with “effective” rating last two years; or, (3) four consecutive years, not met (1) or (2) and principal, superintendent and board agree teacher should receive career status.
Probationary teacher can be dismissed or non-renewed for cause; any cause related to classroom performance requires a PDP/admonishment;
Career teacher can be dismissed/non-renewed for statutory reasons (Willful neglect of duty; Repeated negligence in performance of duty; Mental or physical abuse to a child; Incompetency; Instructional ineffectiveness; Unsatisfactory teaching performance; Commission of an act of moral turpitude; or Abandonment of contract.)
Any cause related to classroom performance (probationary or career) requires PDP/Admonishment.

8. Responding to subpoenas
A subpoena can only be issued in a court or administrative legal action;
Oklahoma law allows attorneys (who are appearing in legal matters) to “issue” and serve subpoenas (without a judge’s signature).
Every subpoena will identify the court where the case is pending and the party who has issued a subpoena;
If the court case is parent v. parent, and you get a subpoena from an attorney for one parent, you can comply with the subpoena but should provide a copy to the attorney for the other parent;
In other cases where a third-party wants records of student you either need written permission from the parent to release records, or you must provide parent with reasonable notice of the subpoena in advance of compliance so the parent make seek protective action.

9. Disciplining students for off-campus misconduct
What does your policy say?
Most school policies have language similar to this:
conduct occurring outside of the normal school day or off school property that has a direct and immediate negative effect on the discipline or educational process or effectiveness of the school, will also result in disciplinary action, which may include in-school placement options or out-of-school suspension;
Did the conduct happen off-campus and what is the impact at school?
Could this student be disciplined if the conduct occurred on campus?

10. Other Issues/Questions?

11. Thank you! Andy Fugitt The Center for Education Law (405) 528-2800