1. School Law Update Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com

2. What will we talk about?

3. ?New State Statutes ?Recent State Court Cases ?New Federal Statutes and Regulations ?New Federal Court Cases

4. State Statutes ?LB 403/ Neb. Rev. Stat. § 4-114 Prohibits schools from providing “public benefit” to any individual no lawfully in U.S. Must check new hires in e-verify Must have clause in new agreements for contractors to use e-verify Should amend existing contracts

5. State Statutes ?LB 626/ Neb. Rev. Stat § 49- 14,101.01 (PADA) Passed in response to Nolan case Provides that de minimis or incidental use of public resources for personal business Must reimburse for charges Boards not require to allow

6. State Cases ?South Sioux City Ed. Ass’n. v. Dakota County Sch. Dist., (Neb. 2009) School hired “long term sub” Union sued, claiming violation of CBA Court upheld CIR’s ruling against school.

7. State Cases ?South Sioux City Ed. Ass’n. v. Dakota County Sch. Dist., (Neb. 2009) School hired “long term sub” Union sued, claiming violation of CBA Ct: “Manning was a certificated teacher hired to replace a teacher who had left the District's employ with no plans to return. Manning was paid as a substitute teacher, even though she was a probationary employee. The District's employment of Manning as a "long- term substitute" was a prohibited practice, as alleged by the Association.

8. State Cases ?South Sioux City Ed. Ass’n. v. Dakota County Sch. Dist., (Neb. 2009): Manning was a certificated teacher hired to replace a teacher who had left the District's employ with no plans to return. Manning was paid as a substitute teacher, even though she was a probationary employee. The District's employment of Manning as a "long-term substitute" was a prohibited practice, as alleged by the Association.

9. State Cases ?Fort Calhoun Baptist Church v. Washington County Board of Equalization, (Neb. 2009) Church leased space to School, county board reduced tax exemption Court: use of property for exempt purposes, not market value of lease that matters

10. State Cases ?Haskell v. Madison County School Dist. No. 1, (Neb. 2009) Plaintiff sought injunction preventing closure of former Class I Court: repeal of LB 126 did not recreate Class I schools

11. State Cases ?Freeholder Cases ?Koch v. Cedar Co. Freeholder Board ?Janzen v. Freeholder’s Board of York/Hamilton Co. ?Goossen v. Freeholder’s Board of York/Hamilton Co. Court: not receptive to highly technical challenged to freeholder petitions

12. State Cases ?Miller v. School District No. 18-0011 of Clay County Plaintiff RIFfed when school contracted with neighboring district for art instruction NSEA: no RIF if program remains District Court: ruled for plaintiff Awaiting Supreme Court Decision

13. Federal Statutes ?Americans with Disabilities Act Amendments (ADAA)

14. Why was ADA Changed? ?Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) ?The ADA Amendments Act of 2008 increased the number of individuals who qualify for accommodation under both the Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973.

15. What are the Major Changes? ?First, the definition of “major life activity” has expanded ?Now include but are not limited to: Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

16. What are the Major Changes? ?Second, interpretation of “substantially limits” has been changed -Must evaluate impairment that is episodic or in remission in active state -Must not consider mitigating measures

17. Federal Statutes ?Family Medical Leave Act (FMLA) Technical changes to notice of employees of their FMLA rights and after they request FMLA leave Added deployment of spouse, child or parent as qualifying event Added 26 weeks of leave is spouse, child or parent is injured in military service

18. Federal Cases: Supreme Court ?Safford Unif. Sch. Dist. No. 1 v. Redding Strip search of student suspected of possessing prescription strength ibuprofen Court: search unreasonable in scope

19. Federal Cases: Eighth Circuit ?Roark v. South Iron R-1 Sch. Dist School allowed Gideons to hand out Bibles to 5 th graders Changed policy after sued Court: handing out Bibles to students on school property during school day violates Establishment Clause

20. Federal Cases: Eighth Circuit ?Plamp v. Mitchell Sch. Dist. No. 17-2 Student sexually harassed by teacher Sued school alleging violation of Title IX Court: other teachers and counselor were not "appropriate persons" for the purposes of finding a school district liable for Title IX harassment

21. Don’t let the lawyers worry you too much…

22. School Law Update Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com