New Laws for the
New School Year
Bowles Rice LLP
RESA 7 Administrators Forum
August 4, 2014
The Education Law Group
at Bowles Rice
Leaders of the Group
Greg Bailey - Morgantown
Rick Boothby - Parkersburg
Howard Seufer - Charleston
Rebecca Tinder - Charleston
Kim Croyle - Morgantown
Legal Assistants
Sarah Plantz - Charleston
Dianne Wolfe - Parkersburg
Adjunct Attorneys
Mark Adkins – Construction Litigation
Bob Bays - Eminent Domain
Aaron Boone – Civil Litigation
Joe Caltrider – Personal Injury Defense
Mark D’Antoni – Real Estate
Mark Dellinger – Human Rights
Kit Francis – Creditors’ Rights
Jill Hall - Employee Benefits
Roger Hanshaw – Parliamentary Procedures
Justin Harrison – ADA and Employee Leave
Tom Heywood – Legislative Matters
Bob Kent - Personal Injury Defense
Leonard Knee – Environmental Law
Ellen Maxwell-Hoffman – Ethics
Steve Prunty - Easements
Marion Ray - Workers Compensation
Cam Siegrist – Bond Issues and Finance
Ken Webb - Construction Litigation
Our Agenda
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School law resources to help you keep up-todate all year long
Education law highlights of the recent regular
and special sessions of the legislature
Significant recent court and grievance
decisions
The lesson of a recent Circuit Court decision
10 “Red Flag” legal issues for the 2014-2015
school year
A Word About This Presentation
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We speak in general terms today. The specific
facts of each situation can make a difference
in the legal principles that apply
This presentation must not be
treated as legal advice about
any specific situation
Due to the rapidly changing nature
of the law, information in this
presentation may become outdated
When in doubt, don’t act or rely upon the
information contained in this presentation
without seeking legal advice
Some School Law Resources To
Help You Keep Up-to-Date All
Year Long
“School Laws of West
Virginia”
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Beware! The latest edition and its CDROM/electronic version are already out of
date!
Current versions of the statutes are
available at the West Virginia Legislature’s
website
E-Updates & Alerts
E-Newsletter Mailing List
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E-Newsletter Mailing List
Send an email to Sarah Plantz:
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splantz@bowlesrice.com
Tell Sarah:
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Who you are
Your position in public education
Your school board’s name
That you want to receive the E-Newsletter

Conducting Investigations in the
Public Schools for Principals,
Personnel Directors, and Central
Office Administrators: Lawful and
Effective Investigation Techniques
and Tips
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September 25 and October 8, 2014
 Preparing
for Personnel Season:
The Fundamentals of
Professional and Service
Employee RIFs, Transfers & NonRenewals
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October 29 and November 5, 2014
 Beyond
the Basics: Advanced
(and Inevitable) Issues Involving
Professional and Service
Employee RIFs, Transfers & NonRenewals
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October 30 and November 6, 2014
Signature Series E-Invitation List
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Signature Series E-Invitation List
Send an email to Sarah Plantz:
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
splantz@bowlesrice.com
Tell Sarah:




Who you are
Your position in public education
Your school board’s name
That you want to receive Signature Series EInvitations
Highlights of 2014 State
Legislation Affecting Public
Education
Handout, p. 1
Categories of New Laws
A.
B.
C.
D.
E.
F.
G.
H.
I.
Instruction
Student rights
Safe schools
Attendance
Compensation and Benefits
Professional and Service Personnel
Innovation
Business & finance
Miscellaneous
A. Instruction
House Bill 4618
Establishing Transformative
System of Support for Early
Literacy
Handout, p. 12
House Bill 4384
Requiring Teachers of Students
with Special Needs to Either Be
Present at an Individualized
Education Program Meeting or
Read and Sign a Copy of the IEP
Handout, p. 11
House Bill 4608
Defining Dyslexia and
Dyscalculia
Handout, p. 12
House Bill 4373
Relating to Driver Education
Programs
Handout, p. 10
B. Student Rights
Senate Bill 209
Allowing Special Needs
Students to Participate in
Graduation Ceremonies
Handout, p. 1
House Bill 4316
Creating the Student Data
Accessibility, Transparency
and Accountability Act
Handout, p. 8
C. Safe Schools
House Bill 4237
Prohibiting the Sale, Distribution
and Use of Electronic Cigarettes,
Vapor Products and Other
Alternative Nicotine Products to
Persons under the Age of 18
Handout, p. 6
House Bill 4208
Banning Synthetic
Hallucinogens
Handout, p. 5
Senate Bill 252
Allowing Certain Expelled
Students to Return to School
through Juvenile Drug Court
Handout, p. 1
House Bill 4005
Relating to Criminal Offenses
for Child Abuse and Child
Neglect
Handout, p. 4
House Bill 4006
Relating to the Possession
and Distribution of Child
Pornography
Handout, p. 5
D. Attendance
House Bill 4003
Granting Dual Jurisdiction to
Enforce Truancy Policies against
Students Who Live in One County
and Attend School in Another
Handout, p. 4
E. Compensation and
Benefits
Senate Bill 391
Providing Salary Increase for
Teachers and School Service
Personnel
Handout, p. 2
House Bill 4283
Raising the Minimum Wage
Handout, p. 7
House Bill 4365
Relating to Employer Remittance
and Reporting of Teachers
Retirement System Member
Contributions to the Retirement
Board
Handout, p. 10
Senate Bill 452
Relating to TRS Annuity
Calculation of Member with
Reciprocal Service Credit
Handout, p. 2
F. Professional & Service
Personnel
House Bill 4284
Pregnant Workers Fairness Act
Handout, p. 7
House Bill 3156
Granting a Labor Organization a
Privilege from Being Compelled to
Disclose Any Communication or
Information the Labor Organization or
Agent Received or Acquired in
Confidence from an Employee
Handout, p. 3
House Bill 4392
Regulating Persons Who
Perform Work on Heating,
Ventilating and Cooling
Systems and Fire Dampers
Handout, p. 11
G. Innovation
House Bill 4619
Authorizing Innovation School
Districts
Handout, p. 14
Senate Bill 253
Clarifying Code for Community
Based Pilot Demonstration
Project to Improve Outcomes
for At Risk Youth
Handout, p. 2
H. Business and Finance
Senate Bill 1009
Relating to Computation of
Local Share for Public School
Support Purposes
Handout, p. 3
House Bill 4302
Relating to Elections for Public
School Purposes
Handout, p. 8
I. Miscellaneous
House Bill 4298
Changing the Experience
Requirements and Composition of
the Members of the West Virginia
Ethics Commission
Handout, p. 8
House Bill 4228
Repealing or Removing
Certain Portions of EducationRelated Statutes that Have
Expired
Handout, p. 6
Recent Decisions of the
West Virginia Supreme
Court of Appeals
Handout, p. 16
1.
Eisentrout v. Preston County
Board of Education
Summer Service Employees
Handout, p. 16
2.
Costello v. The Board of
Education of the County of
Monongalia
Willful Neglect of Duty? No
Improvement Plan
Handout, p. 16
4.
D. J. v. Mercer County Board
of Education
Immunizations
Handout, p. 16
5.
Raleigh County Board of
Education v. Moye
Accounts Payable Supervisors
Handout, p. 16
8.
King v. Nease
FOIA Fees
Handout, p. 17
9.
Kanawha County Board of
Education v. Kimble
Misconduct in Any Area of Employment
Handout, p. 17
Recent Decisions of the
Grievance Board
Handout, p. 18
4. Morris v. Harrison County
(cruelty)
6. Clark v. Putnam
(back pay limitations)
7. Shaffer v. Kanawha
(service overtime is extra-duty)
12. Bennett v. Tucker County
(evaluations & improvement plans)
14. Woods v. Nicholas County
(drug free work place)
20. Shaffer v. Kanawha County
(harassment)
21. Dinger v. Mercer County
(fixing errors)
23. Bohan v. Lewis County
(cancelled trips)
24. Ellison v. Fayette
(off duty misconduct)
26. Byers v. Wood
(attendance is correctable)
27. Nestor v. Kanawha County
(service schedule changes)
32. Adkins v. Cabell County
(off duty misconduct)
33. Lucas v. Monroe County
(probationary non-renewal)
37. Fields v. Mingo County
(probationary non-renewal)
38. Smith v. Berkeley County
(marijuana is immoral)
44. Graham v. Wetzel County
(service employee evaluations)
49. Hilton v. Wood County
(willful neglect of duty”
A Word to the Wise About
Due Process in Suspending
Students from School
Lesson learned in Circuit Court
The “three step”
procedure for suspending
students under West
Virginia’s Safe Schools
Act, West Virginia Code §
18A-5-1a
1. “At the commencement of
the informal hearing, the
principal shall inquire of the
pupil as to whether he or she
admits or denies the charges”
2. “If the pupil does not admit
the charges, he or she shall
be given an explanation of the
evidence possessed by the
principal and an opportunity to
present his or her version of
the occurrence”
3. “At the conclusion of the
hearing or upon the failure of the
noticed student to appear, the
principal may suspend the pupil
for a maximum of ten school
days, including the time prior to
the hearing, if any, for which the
pupil has been excluded from
school”
The 3-steps required by the Safe
Schools Act
1.
2.
3.
Allow student to admit or deny
If doesn’t admit, explain the
evidence, then allow student to give
his/her version
At conclusion (or if student does not
appear), principal may suspend
But buried in Policy 4373
is a different provision!
“At this hearing, the principal
must explain why the student is
being suspended, and the
student must be given the
opportunity to present reasons
why s/he should not be
suspended.”
So it’s a FIVE-step process?
1.
2.
3.
4.
5.
Allow student to admit or deny
If doesn’t admit, explain the evidence,
then allow student to give his/her
version
Explain why student is being suspended
Allow student to give reasons why
he/she shouldn’t be suspended
At conclusion (or if student does not
appear), principal may suspend
10 “Red Flag” Legal Issues
for school administrators in
2014-2015
#1
Addressing
employee
absenteeism
#2
Bullying and
harassment
#3
Unauthorized use of
funds
#4
Misconduct outside
of school and work
#5
Evaluations and
improvement plans
#6
Divulging student
information
#7
Student suspensions
#8
Private matters that
come to school
#9
Searches of students
and their
possessions
#10
Technology-assisted
misconduct
Thank you for taking time to
improve your understanding of
the school laws
And thank you for all you do to improve
student achievement in West Virginia’s
schools