Adjusting to Change: A Legal and Legislative Update RESA 7 – 2010 Administrators Forum August 9, 2010 Howard Seufer, Jr. email@example.com 304-347-1776 The Education Law Group at Bowles Rice McDavid Graff & Love Primary Attorneys Adjunct Attorneys Greg Bailey - Morgantown Rick Boothby - Parkersburg Howard Seufer - Charleston Rebecca Tinder - Charleston Gene Bailey - Prevailing Wage Bob Bays - Eminent Domain Rick Brown - Employee Disability Joe Caltrider - Personal Injury Defense Pat Clark - Contracts Mark D’Antoni - Real Estate Carl Fletcher - Building Construction Disputes Kit Francis - Creditors Rights Jill Hall - Employee Benefits Bob Kent - Personal Injury Defense Ellen Maxwell-Hoffman – Ethics Edd McDevitt – Bonds, QZABs & Levies Marion Ray - Workers Compensation Lesley Russo – Employee Benefits Cam Siegrist – Finance Beth Walker - Wage & Hour Ken Webb - Construction Litigation Kim Croyle - Morgantown Ashley Hardesty - Morgantown Legal Assistants Sarah Plantz - Charleston Dianne Wolfe - Parkersburg Our Agenda Some school law resources to help you keep up-to-date all year long An overview of new legislation affecting public education in West Virginia Recent decisions of the courts impacting public education Recent Significant Public Employees Grievance Board decisions Some School Law Resources To Help You Keep Up-to- Date All Year Long “School Laws of West Virginia” Beware! The latest edition and its CD-ROM are already out of date! Current versions of the new statutes are typically available at the West Virginia Legislature’s website shortly after they go into effect Once the Governor signs bills enacted by the Legislature and we have carefully reviewed them, we post on the Bowles Rice website (www.bowlesrice.com),and send to people on our eNewsletter list, summaries of new educationrelated legislation with active links to the House and Senate bills E-Updates E-Newsletter Mailing List E-Newsletter Mailing List Send an email to Sarah Plantz: firstname.lastname@example.org Tell Sarah: Who you are Your position in public education Your school board’s name That you want to receive the E-Newsletter Is There a Doctor in the House? Serious Student Health Care Issues in the Public Schools September 15, 2010 – Charleston By the Book: The Fundamentals of Professional and Service Employee RIFs, Transfers and Non-Renewals November 3, 2010 -- Charleston Beyond the Basics: Sticky Issues Involving Professional and Service Employee RIFs, Transfers, and Non-Renewals November 4, 2010 -- Charleston Signature Series E-Invitation List Signature Series E-Invitation List Send an email to Sarah Plantz: email@example.com Tell Sarah: Who you are Your position in public education Your school board’s name That you want to receive Signature Series EInvitations Caution! These materials are presented with the understanding that the information provided is not legal advice The law changes. Information contained in this presentation may become outdated Before using this information, always research original sources of authority and update the information to ensure accuracy when dealing with a specific matter No person should act or rely upon the information contained in this presentation without seeking the advice of an attorney An Overview of New Legislation Affecting Public Education in West Virginia Handout, pages 1-21 Despite What You May Have Heard, These Bills Did Not Pass in the Regular Session or Were Vetoed Revising the professional vacancy-filling provisions of W. Va. Code § 18A-4-7a Creating calendar committees in each county Authorizing a four-day school week Preventing a professional educator from taking a coaching position away from a citizen coach Restoring the “old” personnel action deadlines Authorizing use of retirees as substitute teachers for more than 140 days per year Seven Categories of Legislation A. B. C. D. E. F. G. H. I. Personnel Quality Instruction Students Public Officials Finance Business Insurance Retirement Miscellaneous A. Personnel House Bill 3152 Athletic Trainers Registration Act (In Effect June 11, 2010) Handout, Page 1 House Bill 3152 Can’t be an “athletic trainer” without registering with WV Board of Physical Therapy Grandfather clause: Secondary school trainers practicing under State Board policy before July 1, 2011 Board of Physical Therapy regulates and polices registered athletic trainers House Bill 3301 Verifying Employees’ Legal Employment Status (In Effect June 7, 2010) Handout, Page 1 House Bill 3301 Misdemeanor: not keeping, at place of employment, proof of employee status. $100 per offense. Labor Commissioner can order employer to produce records verifying workers legal employment status Failure to produce records in 72 hours: citation “prominently presented” to magistrate or Circuit Court judge House Bill 4512 Service Personnel (In Effect July 1, 2010) Handout, Page 6 House Bill 4512 Each service personnel posting Each aide classification posting Work site Starting and ending times Program or primary assignment of position “Director or Coordinator of Services” Can’t be “exclusively assigned to perform the duties of any other class title” Can be multi-classified House Bill 4512 School Bus Supervisor Must be or have been certified to operate a bus After July 1, 2010, a person first employed with the class title must have five years experience working in a county board’s transportation department as a bus operator, or bus aide, or mechanic, assistant mechanic, or chief mechanic, or clerical employee House Bill 4512 “Itinerant Status” “A service person who does not have a fixed work site and may be involuntarily reassigned to another work site” Does not include a worker assigned to a beginning and ending work site who, at county expense, travels during the daily schedule Obtained only by bidding or agreeing to accept Only allowed for aide and autism mentor classification categories, and if job duties involve exceptional students House Bill 4512 (Itinerant status) Itinerant status employee may be assigned to a different work site without posting or consent with 10 days prior notice Involuntarily, only 2 times per school year At end of school year, must post positions that have been filled, without posting, by an itinerant Bus operator certification test frequency Substitutes and probationary: annually Continuing contract, retiree subs with 10 years regular experience: triennially Senate Bill 183 Diesel-Powered Motor Vehicle Idling Act (In Effect June 11, 2010) Handout, Page 11 Senate Bill 183 Generally prohibits driver or owner from causing engine to idle more than 15 minutes in any 60 minute period Diesel vehicles with GVW over 10,000 lbs. 18 exceptions Highway traffic or control Prevent safety/health emergency with defroster or air conditioner (not a rest period) Installing equipment Manufacturer’s requirement or warranty Required for maintenance or federal/state inspection Maintain adequate temperature for passengers on board Queuing up off school grounds to pickup or discharge students, and required by physical configuration Senate Bill 183 Owner or operator of location where vehicles load or unload, or that provides more than 15 parking spaces for such vehicles: must post permanent sign Violations of Act: misdemeanors with $150300 fine Senate Bill 396 Commercial Driver’s License (In Effect June 11, 2010) Handout, Page 14 Senate Bill 396 Bus operator must have appropriate DMV license and comply with Uniform Commercial Driver’s License Act and State Board rules Must surrender old license to renew or get duplicate with updated information from DMV DMV must suspend license of CDL holder when another state or jurisdiction reports a failure to pay fines or appear for violation of state or local traffic laws Senate Bill 396 Increased fine on employer that allows or requires driver of commercial vehicle to violate any RR highway grade crossing law Was $10,000 Now $25,000 Longer disqualification period for operating commercial vehicle after conviction for violating out-of-service order And greater fine and civil penalty Senate Bill 2006 School Committees & Teams (In Effect July 21, 2010) Enacted at the Special Session in July Senate Bill 2006 State Board to study each school team and committee created by state law or policy Assess time and paperwork requirements Consider alternatives A school may apply to replace or augment its strategic planning committees, technology team, and/or school support team Application State Board to approve after faculty senate, LSIC, county superintendent and county board approve Appeals process if county superintendent or board disapprove B. Quality Instruction House Bill 4040 180-Day Instructional Term (In Effect July 1, 2010) Handout, Page 3 House Bill 4040 Eliminates August 26 and June 8 limits on beginning and end of instructional term Each board must have an “icy conditions and emergencies plan” to guarantee 180 days of instruction HB 4040 does NOT change requirements that the instructional term fall within 200-day minimum employment term, and the 10-month minimum employment term for service personnel fall within 43 weeks House Bill 4436 High Quality Educational Programs (In Effect June 9, 2010) Handout, Page 5 House Bill 4436 “Process for Teacher Collaboration to Improve Instruction and Learning” Established by faculty senate, with principal’s approval as either an alternative, or in addition to, the school curriculum team Mission: Review student performance with multiple measures Identify strategies to improve it Make recommendations for improvement to be implemented if principal approves Members: faculty senate selects House Bill 4436 State Board-provided optional testing and assessment instruments School may use with approval of school curriculum team or the teacher collaborative process School cannot be cited, nor can principal in his/her evaluation, for exercising discretion in using them (or for implementing instructional strategies & programs the school determines best to promote student achievement) House Bill 4436 School curriculum teams may apply for waivers from: policies requiring that students be assessed using a specific assessment except WESTEST2, Alternative Performance Task Assessment, Online Writing Assessment, and NAEP policies requiring a specific instructional strategy or program to achieve content standards for courses required by the State Board approved and adopted instructional resources if the team judges that resources best suited to teach school’s curriculum aren’t available through the normal adoption process House Bill 4436 Revised element of process for improving education A “system of accountability for continuous improvement” High quality standards to build capacity to meet rigorous outcomes Additional trigger for low performing school status When the most recent statewide assessment in reading and math, or other multiple measures determined by the State Board, show that school was low performing at its programmatic level in 3 of the last 5 years House Bill 4436 Team of consultants for low performing school now comes from the “WV Department of Education State System of Support” No longer a 60-day deadline to make recommendations for correction No longer must State Board approve team’s recommendations County board has one year (not 6 months) to make satisfactory progress Additional time possible A failure to make satisfactory progress = temporary approval status House Bill 4669 Statutory Exceptions for Certain Innovation Zones (In Effect June 9, 2010) Handout, Page 10 House Bill 4669 The Legislature grants exemptions for State Board-approved innovation plans Piedmont Elementary (Kanawha County) Putnam County Secondary Schools Consortium School calendar statute Nellis Elementary (Boone County) Planning period statute, class size statute LSIC statute Cabell County Secondary Schools Compulsory attendance statute; beginning teacher internship statute House Bill 4669 An approved exemption automatically ends if purpose for exemption is changed by plan modification or implementation, or State Board withdraws plan or revokes zone Senate Bill 631 Updating Textbook Selection Process (In Effect July 1, 2010) Handout, Page 18 Senate Bill 631 The textbook adoption process is altered “Textbooks” are now “instructional resources” and include electronic resources and resources that are updated on an ongoing basis Adoption cycle: a single 6-year limit within which State Board schedules periods of adoption County “instructional resource adoption committees” may request waivers of the adoption cycle Senate Bill 631 Without having to comply with adoption procedures, counties may, to supplement items on the state multiple list, purchase software print and electronic magazines print and electronic newspapers other electronic periodicals licensed or subscription-based resources Excess levies for “textbooks” now cover software electronic periodicals print and electronic magazines & newspapers Senate Bill 631 With State Board approval, counties may, before the end of a contract period, choose not to renew an electronic instructional resource and replace it with another from the official multiple listing Vendors, with notice to the State Board, may change and update the navigational features and content of adopted electronic resources Vendors must continue to support adopted versions & cannot require purchase of a new operating system Senate Bill 631 State Board may create a standing committee for each subject and grade level to review new or revised instructional resources submitted after the initial approvals for adoption With agreement of all RESA county superintendents, a RESA instructional resources team (with representatives of all the RESA counties) may review resources on the multiple list and make recommendations to each superintendent for consideration and adoption by each county board Senate Bill 631 Equity: If a county adopts electronic instructional resources, it must: ensure equity of access to all students have a plan to provide equity of access at home, if necessary, through alternate avenues such as print software hardware support Senate Bill 2009 Pilot Programs to Increase Academic Achievement (In Effect July 21, 2010) Enacted at the Special Session in July Senate Bill 2009 State Superintendent to establish one 5-year “special community development” pilot program in one public school with significant enrollments of disadvantaged, minority, and underachieving students Pilot school to collaborate with Higher education organizations State Board Goal: Develop and implement strategies that could be replicated in other schools C. Students House Bill 4223 School Bus Safety (In Effect June 11, 2010) Handout, Page 3 House Bill 4223 Increased penalties for overtaking and passing a stopped school bus 1st offense: $150-300 fine and/or up to 6 months in jail; mandatory license suspension for 30 days 2nd offense: $300 fine and/or up to 6 months in jail; license suspension for 90 days 3rd and additional offenses: $500 fine, at least 24 hours (and up to 6 months) in jail; license suspension for 180 days Willful violations Serious injury: Felony. $500-2,000 fine; 1-3 years in prison Death: Felony. $1000-3000 fine; 1-10 years in prison House Bill 4223 Driver, not owner, may be charged Boards are authorized to mount a camera on any school bus to help enforce the law State Police must publicize new provisions of law But only to the extent of available funds Only the driver can now be penalized, not the owner House Bill 4593 High School Graduation Improvement (In Effect July 1, 2010) Handout, Page 7 House Bill 4593 The “High School Graduation Improvement Act” Increased age for compulsory attendance Shift in focus from compelled attendance to programs that engage and inspire students Until the 17th birthday (rather than the 16th) Effective with the 2011-2012 high school freshman class Exemption for high school graduation is amended Now includes completion of an alternate secondary program approved by State Board House Bill 4593 Commits State of West Virginia to Continue exploring instruction delivery strategies to accommodate different learning styles Focus on statewide dropout intervention and prevention for students who have academic difficulty Statewide credit recovery program, to include virtual schools Establish up to 5 more juvenile drug courts Invest in programs to engage disconnected and discouraged student House Bill 4593 Directs State Superintendent and Board to: Pursue GED Option designation for state, then implement program for students in high school to pursue GED diploma offer the GED option at Mountaineer Challenge Academy Expand Techademics (subjects and available credit) and HSTA (to any school with any grades of eligible students Provide dropout information to Mountaineer Challenge Academy House Bill 4593 Requires each county board to: Develop a plan for using available funds to implement the intent of the new Act Include in its alternative ed. program a plan, to be approved by the State Board, with strategies to Increase the graduation rate Identify at the earliest possible age students at risk of dropping out Provide more options for delivering academic credentials and career-technical training to interested at-risk students (examples in statute) Students at grade 9 and higher at risk of dropping out may be allowed in career and technical education programs that only accept students in certain upper grade levels Senate Bill 533 Revising Statutory Language Related to Child Abuse (In Effect June 11, 2010) Handout, Page 16 Senate Bill 533 Technical correction ensures that parents, guardians, custodians, and persons in positions of trust can be convicted of abuse not only for procuring a person to engage in sexual exploitation of a child, but also for allowing that to occur Senate Bill 2010 Pilot Programs for Alternative Schools in Elementary and Middle Schools (In Effect July 21, 2010) Enacted at the Special Session in July Senate Bill 2010 Goal: Remove disruptive students from the regular classroom Make it possible for them to return without further disruptive behavior State Board must amend alternative education policy to add uniform definitions of disruptive student behavior standards for placing students in alternative settings or other intervention Senate Bill 2010 State Board to establish five pilot projects elementary or middle schools or both employ alternative schools or other placements for disruptive students to learn appropriate behaviors reports to State board and Legislature will gauge effectiveness of projects in maintaining student discipline D. Board Members Senate Bill 391 Board Members’ Eligibility (In Effect February 22, 2010) Handout, Page 13 Senate Bill 391 2009 legislation barred school board candidates and members-elect from: also being employed by the board on which they seek to serve running for or holding any other public office being a candidate for or serving as an elected member of a political party executive committee being a candidate for or serving as a delegate or alternate to a national political convention Soliciting or receiving political contributions to support or retire campaign debt of a candidate for partisan office Senate Bill 391 Senate Bill 391 repealed those rules as to candidates and members-elect Note: However, sitting school board members are bound by all those restrictions E. Finance House Bill 4031 Flexibility in Funding RESAs (In Effect July 1, 2010) Handout, Page 2 House Bill 4031 Keeps state aid formula RESA allowance at .63% of allowance for professional educators Caps the RESA allowance at $3,990,000 instead of $4,200,000 Authorizes State Board to decide distribution to RESAs House Bill 4037 Federal Subsidy Bonds (In Effect February 25, 2010) Handout, Page 2 House Bill 4037 Allows entities with bonding authority to issue federal subsidy bonds, including some Build America Bonds under the American Recovery and Reinvestment Act of 2009 Exempt from West Virginia tax Issuing agency may elect to receive periodic credit payments from the U.S. Treasury to offset interest paid on bonds and pay future debt service House Bill 4211 Funding of Programs for Limited English Proficient Students (In Effect June 9, 2010) Handout, Page 3 House Bill 4211 Appropriations funneled through the State Department to supplement required programs for LEP students must be used by counties to supplement the cost of programs for which they have insufficient funds State Department must consider the proficiency levels of student and a county’s capacity to deliver needed programs Counties must apply for funding Senate Bill 229 School Building Authority Bonds (In Effect March 13, 2010) Handout, Page 12 Senate Bill 229 Allows the SBA to have $500 million in bonds outstanding at any one time Excludes certain bonds from the $500 million calculation Senate Bill 237 Lottery Revenue Bond Act (In Effect March 13, 2010) Handout, Page 12 Senate Bill 237 Certain county boards may issue revenue bonds secured by and payable only from lottery revenue To be eligible, a county board must be in a county that has adopted the Local Powers Act, and in a county that has a racetrack that has participated since January 2, 1991, in the W. Va. Thoroughbred Development Fund, and receiving lottery revenues. Senate Bill 401 Ad Valorem Property Taxes (In Effect June 11, 2010) Handout, Page 14 Senate Bill 401 Adjusts the calculation of available local funds under the state aid formula’s calculation of local share to account for any final decision of a Board of Assessment Appeals to refund or credit property taxes paid in prior years Senate Bill 547 School Board Levies (In Effect March 13, 2010) Handout, Page 16 Senate Bill 547 Corrects an inconsistency in the date when a county board must meet as a levying body if a levy is on the ballot for the primary election The March 7-28 meeting window and the resumption of the levying meeting on the third Thursday of April, are postponed so that the board may lawfully meet before June 1 Senate Bill 548 Boone County Board of Education Meeting as a Levying Body (In Effect February 26, 2010) Handout, Page 16 Senate Bill 548 Gave extra time (until May 28) to the Boone County Board, in 2010, to meet as a levying body, set the levying rate, and certify its actions Purpose: To allow time for the Board to submit an excess levy renewal to the voters Unless renewed, the levy would expire on June 30, 2010 F. Business House Bill 4359 Local Labor for Public Construction Contracts (In Effect June 9, 2010) Handout, Page 4 House Bill 4359 Old West Virginia Jobs Act: On public improvement construction projects of $1 million or more, 75% of the employees must come from any West Virginia county or from within 75 miles of the state boarder Amended West Virginia Jobs Act: On public improvement construction projects of $500,000 or more, 75% of the employees must come from any West Virginia county or from within 50 miles of the state border House Bill 4615 Workers’ Compensation Risk Pools (In Effect March 12, 2010) Handout, Page 9 House Bill 4615 Political subdivisions may establish risk pools to insure their workers compensation risk, but only in accordance with regulations to be enacted by the Insurance Commissioner Senate Bill 573 Publishing Audits Electronically (In Effect June 11, 2010) Handout, Page 17 Senate Bill 573 A county board’s annual audit report will now be published electronically if it discloses misfeasance, malfeasance, or nonfeasance by a public officer or employee Written notices of the electronic publication go to the school board’s legal authority, the prosecuting attorney, and the Attorney General Senate Bill 633 Depositing Public Funds (In Effect June 11, 2010) Handout, Page 19 Senate Bill 633 School board funds may now deposited in accounts that are periodically swept into multiple federally fully insured deposit accounts through a deposit placement program with full federal insurance G. Insurance Senate Bill 442 Offsetting Certain PEIA Retiree Premium Increases (In Effect March 13, 2010) Handout, Page 15 Senate Bill 442 Allows for annual retiree PEIA premium increases to be offset with monies from the Retirement Health Benefit Trust Fund Senate Bill 446 Insurance for Deceased Public Employees’ Survivors (In Effect June 11, 2010) Handout, Page 15 Senate Bill 446 Clarifies that deceased public employee’s surviving spouse and dependents may participate only in PEIA comprehensive group health insurance coverage to which the deceased was entitled Surviving spouse and dependents bear the premium cost Senate Bill 449 PEIA Preexisting Conditions Limitations (In Effect June 11, 2010) Handout, Page 15 Senate Bill 449 Repeals prior rule prohibiting PEIA from paying for expenses incurred by participants in their first year in connection with a preexisting condition PEIA enrollment and plan selections may be made only at the time of hire, or during the annual open enrollment period, or when a “qualifying event” occurs H. Retirement Senate Bill 553 Extended Time to Purchase Full Service Credit (In Effect March 6, 2010) Handout, Page 17 Senate Bill 553 Extended the time for certain members of the State Teachers Retirement System to purchase additional service credit for service in the Teachers’ Defined Contribution Retirement System I. Miscellaneous Senate Bill 648 Repealing Outdated and Obsolete Education Code Provisions (In Effect June 11, 2010) Handout, Page 19 Senate Bill 648 Repeals outdated and obsolete Code provisions: The West Virginia Share in Your Future Act Certain Teachers Retirement Board provisions Resolutions Resolutions HCR 58: Labor History Week HCR 102: Fostering Innovative Planning Strategies The week following Labor Day Matching grant program SR 17: Encouraging a New Approach to Truancy Nicholas and Taylor County Circuit Courts Recent Decisions of the Courts Impacting Public Education Handout, pages 22-23 United States Supreme Court City of Ontario, California v. Quon (Searching Government Cell Phones) Handout, Page 22 WV Supreme Court of Appeals 1. Associated Press v. Canterbury (Email under FOIA) Handout, Page 23 WV Supreme Court of Appeals 2. State ex rel Marshall County Commission v. Carter (Executive sessions aren’t sacrosanct) Handout, Page 23 WV Supreme Court of Appeals 3. Rissler v. Jefferson County Board of Zoning Appeals (The appearance of partiality) Handout, Page 23 Recent Significant Public Employees Grievance Board Decisions Handout, pages 24-35 1. Lanham v. Putnam County Second grievance on same claim Time for grieving discrimination 2. Hatcher v. Raleigh County Didn’t apply? Can’t grieve selection process 3. Bennett v. Randolph County Excuses for untimely grievances 4. Stephens v. Wayne County Bus operator’s primary employment 5. Jones v. Fayette County Bus operator’s DUI charge has nexus 6. Midcap v. Fayette County Driving board-owned vehicles to & from work 7. Robertson v. Wayne County Misclassification; reclassification 8. Wimmer v. Braxton County Rules re getting paid from two public jobs 9. Schifano v. Monongalia County Planning period work not always teacher’s choice 10. Hoke v. Monroe County Retaking service personnel competency tests 11. Shroads v. Hancock County Board member relying upon faulty information 12. Young v. Marshall County No application? Can’t grieve posting or selection 13. Young v. Marshall County Service personnel preference in consolidations 14. Conrad v. Grant County Disciplinary letter detail; off-work misconduct 15. Seeley v. Upshur County Evaluations & improvement plans aren’t discipline 16. Brockman v. Kanawha County Disciplinary labels; immorality 17. Walker v. Fayette County Expanded service personnel duties 18. McMann v. Jefferson County Harassment requires more than one incident Bad language toward supervisor = insubordination 19. McMann v. Jefferson County Correctable incompetency? 20. Mullins v. Hancock County No policy changes absent a legal mandate 21. Kirk v. Lincoln County Employee Code of Conduct violation Deference to employer’s judgment on punishment 22. Kimble v. Kanawha County Hostile or abusive work environment defined Nexus misdemeanors may warrant dismissal 23. Clark v. Putnam County Discrimination is a continuing practice 24. Guido v. Harrison County Late appointment doesn’t itself warrant relief Assistant superintendent contract terms 25. Baker v. Pocahontas County When part-time teachers get planning periods 26. French v. Mercer County Administrator hiring need not be mathematical 27. Prickett v. Monongalia County Bus operator schedules need not be uniform Seniority needn’t control service transfers 28. Shanklin v. Kanawha County Partial RIF: multiclassified service personnel 29. Evans v. Marshall County Arbitrary and capricious decisions 30. Layne v. Boone County Bus operators taking insulin 31. Richards v. Kanawha County Reminders and notices by email 32. Bishop v. Preston County Probationary nonrenewals are not disciplinary Treasurer’s bond 33. Clark v. Wayne County Policy changes and discrimination theory 34. Lucas and Tucker v. Raleigh County Summer workers contracted by third party 35. Brewer v. Mercer County New burden in service nonselection cases? 36. Redd v. McDowell County Functional demotion 37. Webster v. Wood County Evaluations based on matters not observed 38. Ellison v. Fayette County Extra-duty v. extracurricular service work 39. Hill v. Barbour County Reclassifications & the non-relegation clause 40. Powell v. Hancock County When substitute service seniority begins 41. Withrow v. Kanawha County Put extra service qualifications in the posting 42. Samples v. Kanawha County Filling summer professional vacancies; Reprisal 43. Dunlap v. Marshall County Secretary III v. executive secretary 44. Cottrill v. Gilmer County Intemperance; cruelty; misdemeanor nexus 45. Eaves v. Wayne County Two years experience to be autism mentor 46. Eisentrout v. Preston County Summer school “same assignment” as last summer 47. Stephens v. Wayne County No relief if not “next in line” 48. King v. Hancock County Offering service substitute assignments in rotation TSSI systems; calling times 49. Bennett v. Randolph County Appeal disciplinary suspensions & expulsions one of two ways Thanks for your input today! And genuine best wishes for a safe and successful school year 2010-2011! Red Flag Legal Issues for 2010-11 1. 2. 3. 4. 5. Assignment and use of aides Bullying and harassment Unauthorized use of funds Misconduct outside of school and work Evaluations and improvement plans Red Flag Legal Issues for 2010-11 Divulging student information 7. Disciplining students with disabilities 8. Private matters that come to school 9. Searches of students and their possessions 10. Technology-assisted misconduct 6.