Why Your School Board
Attorney Should be a COSA
Member
Lester B. Johnson, III, Savannah-Chatham
County Public School system;
Phillip L. Hartley, Managing Partner,
Harben, Hartley & Hawkins, LLP
A Day In the Life of a School
Attorney…
Freedom of
Information Act
Open
Meetings
Act
Only COSA Supports Only
Public School Board Attorneys
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COSA is the only professional membership
organization supporting exclusively attorneys
representing K-12 public school boards and state
school boards associations.
3000+ attorneys and growing
COSA Members At A Glance
Practice Type
Number
% of total
membership
2455
80%
State School Boards Associations
103
3%
School District In House Counsel
(our fastest-growing category)
500
16%
Law Firms and Government Agencies
Total Membership
3058
NSBA Council of School
Attorneys -- Mission
To support school attorneys in their
representation of public school boards by
providing leadership in legal advocacy for public
schools.
NSBA Council of School Attorneys
-- Purposes
a)
b)
c)
d)
To provide a national forum for the discussion of legal
issues and problems encountered by school attorneys
in providing legal counsel, advice, and representation to
school boards and school board associations;
To promote and develop a closer relationship and
better understanding between school attorneys and
their clients, school boards and school board
associations;
To provide a means by which school attorneys can
advocate on behalf of public schools; and
To be the leader and nationally recognized educator
and authority on school law.
What does COSA membership mean
for a school attorney?
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You are up-to-date
You are plugged in to
formation of school law
at the national level
You have access to a
nation-wide network of
school attorneys
You have the resources
of NSBA behind you
COSA Members are Up-ToDate and Informed
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Publications
Newsletters
Journals
Email updates
Blogs
COSA Members Help Shape School
Law at the National Level
NSBA Amicus program
• COSA Working groups on
issues including Data
Privacy and IDEA
Reauthorization
• Advisory
Group on
NSBA
Advocacy
•
COSA Members Have Access to a
Nationwide Network of School
Attorneys
•
NSBA Connect
discussions – we’re
the most active group
at NSBA and one of
the most active
discussion groups in
the country using this
platform.
COSA Members
Are Part of the
NSBA Network
•
Legal,
Federal and
Public
Advocacy
•
State
Association
Member
Services
NSBA Legal Advocacy
Ensuring Courts Understand School Board
Concerns
NSBA is a “friend of the court” in key cases,
explaining how the court’s decision will affect the
policies and day-to-day operations of schools.
• Containing Federal Agency Incursion on Local
Board Authority
NSBA is challenging unprecedented federal agency
overreach through public comment, conversations,
strategy sharing and programming
• Informing the Public about School Law
NSBA is the public’s premier source for
school law updates.
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COSA at work: A Case Example
LONG V. MURRAY COUNTY
SCH. DIST. (11TH CIR. 2013)
Long v. Murray County Sch. Dist.
(11th Cir. 2013)
Tragic Facts:
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Murray County junior Tyler
Long committed suicide at
home on Oct. 17, 2009.
Tyler, was diagnosed with
Asperger’s Syndrome in
2005.
Tyler was the subject of
many instances of teasing
and bullying which were
reported to school officials
IEP addressed social needs
and bullying.
School Had:
• No-harassment policies
• STEP discipline process
• Online complaint form
But No:
• Specific mention of
disability harassment
• Specific charge from the
school leadership on antibullying processes.
• Confidential drop box
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The lawsuit…
Parents claimed:
• School deliberately
indifferent to known
harassment under 504/ADA
and therefore liable.
Three Expert Witnesses
testified:
• School was not diligent
recognizing and responding
to bullying
• School failed to prevent
harassment, by failing to
meet generally accepted
standards for schools
and administrators
• Psychological autopsy
analysis concluded suicide 15
caused by bullying.
After the trial court granted judgment in
favor of the school district, the parents
appealed…
US DOJ/ED filed briefs in support of the parents,
arguing deliberate indifference existed when
school is ineffective in preventing sustained
disability discrimination.
• Determination of DI should include use of
“known” prevention strategies by school.
• Arguments tracked OCR’s expansive
enforcement standard on bullying and
harassment.
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The district’s (COSA) attorneys asked for
help from NSBA. NSBA’s brief asked the
Court of Appeals:
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Not to expand the existing Supreme Court
peer harassment standard (Davis v. Monroe
County Board of Education)
Not to conflate Davis standard with OCR
enforcement standards.
Not to expand Davis’ actual
notice requirement by triggering school
upon any report of peer “bullying.”
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11th Circuit rules for school district…
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School district was not deliberately indifferent to
peer harassment.
Deliberate indifference standard in Davis applies
to § 504 and (ADA) claims.
Upheld district court ruling that the school
district was not liable for student-on-student
harassment under either federal antidiscrimination disability statute.
Importance of case: failure of remediation is not a
per se indicator of deliberate indifference.
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In Conclusion….Why Your School
Board Attorney Should be a
Member of COSA:
School law updates
and publications
• Connection to 3000+
school attorneys
• Tailored continuing
legal education
• Link to NSBA
Advocacy
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Find Out More About COSA:
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http://www.nsba.org/services/councilschool-attorneys-cosa
Informative video, membership form, and benefits
information
Contact Sonja Trainor, COSA Director, with any
questions: strainor@nsba.org.
Working with and through our State
Associations, to advocate for equity and
excellence in public education through school
board leadership.
www.nsba.org