Spring Bootstrap Conference
April 24, 2008
Legal Issues Update
Presented by:
Phil Hartley & Cory Kirby
Harben, Hartley & Hawkins, LLP
Wachovia Center, Suite 750
340 Jesse Jewell Parkway
Gainesville, Georgia 30501
Telephone: (770) 534-7341; Facsimile: (770) 532-0399
E-mail: phartley@hhhlawyers.com and
ckirby@hhhlawyers.com
1
Legal Update on the 2008
Session of the General
Assembly
• Best news is what was avoided
• Expansion of vouchers
• Expansion of Open Records Act and
Open Meetings Act
• Ethics Board for each School District
• Whole Board Recall
• SHAPE bill
• BRIDGE bill
2
HB 602 – Board Member
Selling to Board
• Present law – no board member shall sell
to any county board … supplies or
equipment
• Exceptions – Banking
• New law - can sell if there are fewer than
3 sources of supplies/equipment within
county
• Any purchase greater than $10,000 must
be approved by Board in open meeting
3
HB 250 – PSC Referrals
• Educators can be referred for convicted
drug and sexual offenses, even if not a
felony
• PSC can open investigation on referral by
superintendent immediately without
notification to Commission, for student
allegations of sexual offense against
teacher
4
HB 1321 – Falsifying Reports
of Inappropriate Behavior by
Teacher Toward Student
• Add offense to list in student code of conduct
• PSC to establish state mandated student
reporting process
• LSS required to implement and follow state
mandated process
• Must include state process in student &
employee handbooks or policies
• PSC to develop training on educator sexual
misconduct; all certified staff must be trained
5
SB 345 – Interstate Compact
on Educational Opportunity
for Military Children
• Member states agree to remove barriers to
educational success caused by frequent
moves and parent deployment
• Many aspects already addressed in Georgia
law or SBOE enrollment or special ed rules
• Specifies procedures to facilitate enrollment,
records transfer, placement, extracurricular
participation, graduation waivers, exit exams,
and transfers during senior year, among other
things
6
Brief Reminders
• HB 296: Special Elections requires
more careful planning for SPLOST
renewals
• HB 426: Report to DOT on rail
crossings without active warning
devices on active bus routes
• SB 327: Retired Teachers Return to
Work, but remember tenure and
discrimination issues
7
And what about Charter
Schools?
• HB 881 if it is not vetoed
• Role of the Local Board
• Must be submitted prior to or concurrently with
charter to Commission
• Rejection by local board does not bar
consideration by Commission
• Commission must consider support or
opposition of local board
• Local Board’s decision is directed not just at
charter but also at Commission
8
Legal issues and challenges
• The State Constitution: management and
control v. state special schools
• Local tax funds going to a state school
without voter approval in an amount
determined by the Commission
• Role of the cosponsor
• Conversion of existing startups or state
charters to commission charters
9
Is it time to adopt a new
403(b) Plan?
• Must have by January 1, 2009
• Must meet 403(b) regs AND
• Must be administered according to the
actual plan
10
Provisions of the Plan
•
•
•
•
Eligibility
Universal availability
Terms, conditions and limitations
Optional provisions
– Hardship
– Loans
– Non-spousal rollovers
– Service providers
11
The Plan
• Options:
– Draft own plan
– Use plan provided by service provider (with
some modifications)
12
Update on Status of
Consortium v. State of
Georgia
• The Battle of the Experts
– Depositions to be completed by end of
this month
• The Court is Asked to Decide as a
Matter of Law
– Motions for summary judgment to be
filed by end of May
• Trial begins October 21, 2008
13
What will be the impact of
• Austerity Cuts
• The Focus on Per Student
Calculations in Recent Legislation
• The Work of the IE2 Commission
• The Tax Cut Battles
• The Upcoming Election
14
QUESTIONS?
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