Transcript Document

Middle Georgia RESA
Legal Update
for Administrators
September 28, 2009
Cory O. Kirby
Harben, Hartley & Hawkins, LLP
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Legislation From the Gold Dome
Parental Choice Within
the School District
HB 251
O.C.G.A. § 20-2-2131
(a)(1) Beginning in school year 2009-2010, the parent of a
student enrolled in a public elementary or secondary
school in this state may elect to enroll such student in a
public school that is located within the school system
which the student resides other than the one to which the
student has been assigned by the local board of education
if such school has classroom space available after its
assigned students have been enrolled. The parent shall
assume the responsibility and cost of transportation of the
student to and from the school.
HB 251
O.C.G.A. § 20-2-2131
(a)(1) Beginning in school year 2009-2010, the parent of a
student enrolled in a public elementary or secondary
school in this state may elect to enroll such student in a
public school that is located within the school system
which the student resides other than the one to which the
student has been assigned by the local board of education
if such school has classroom space available after its
assigned students have been enrolled. The parent shall
assume the responsibility and cost of transportation of the
student to and from the school.
HB 251
O.C.G.A. § 20-2-2131
(a)(1) Beginning in school year 2009-2010, the parent of a
student enrolled in a public elementary or secondary
school in this state may elect to enroll such student in a
public school that is located within the school system
which the student resides other than the one to which the
student has been assigned by the local board of education
if such school has classroom space available after its
assigned students have been enrolled. The parent shall
assume the responsibility and cost of transportation of the
student to and from the school.
HB 251
O.C.G.A. § 20-2-2131
(a)(1) Beginning in school year 2009-2010, the parent of a
student enrolled in a public elementary or secondary
school in this state may elect to enroll such student in a
public school that is located within the school system
which the student resides other than the one to which the
student has been assigned by the local board of education
if such school has classroom space available after its
assigned students have been enrolled. The parent shall
assume the responsibility and cost of transportation of the
student to and from the school.
HB 251
O.C.G.A. § 20-2-2131
(a)(1) Beginning in school year 2009-2010, the parent of a
student enrolled in a public elementary or secondary
school in this state may elect to enroll such student in a
public school that is located within the school system
which the student resides other than the one to which the
student has been assigned by the local board of education
if such school has classroom space available after its
assigned students have been enrolled. The parent shall
assume the responsibility and cost of transportation of the
student to and from the school.
Intradistrict Choice – HB 251
Took effect 7/1/09
 Universal streamlined process developed
by the District, including, at a minimum,
the process developed as model by SDOE
 Notice to parents by July 1 every year
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HB 251 – Student Transfers
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NCLB/State Accountability Provisions
Unsafe School Option
Systems under court supervision
Other court orders
IDEA/Special Ed placements
Medically Fragile students
Placement of homeless students
Placement of migrant students
Inter-district contracts
DHR & DJJ placements
SB 10 students
Students in foster care
Local tuition policies: student
currently enrolled & future enrollees
Students in newly annexed areas
Emancipated Students
Open campus schools
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Magnet schools
System implementing student choice
Enrollment of siblings
Enrollment of twins
Enrollment of employee’s children
Proximity/distance enrollments
Curriculum transfers
Seniors who move to another zone but
remain in current school
Parent requests for transfer due to lack of
available permanent classroom space
Student transfer requests as victim of
violent crimes
School Attendance Protocol Committee
findings
2 year old pre-enrollment
Enrollment of students with discipline
problems
Discipline & suspension issues
SDOE Model
Each district will define “classroom space
available”
 Uses SB 10 definition of available space as
model
 Must give priority to desegregation orders,
IDEA, NCLB
 May define other priorities with the district
plan
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Nepotism – HB 251
No person with relative on the board or employed
as superintendent, principal, assistant principal or
system administrative staff is eligible to serve on
the BOE
 Relative: spouse, child, sibling, parent(or spouse)
 Applies only to BOE members elected or
appointed after 7/1/09
 “Nothing… shall affect the employment of any
person employed on or before 7/1/09 … or when
immediate family member becomes a board
member”
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And Superintendents too…
No person with relative on the board or
hired or promoted to principal, assistant
principal or system administrative staff is
eligible to be employed as Superintendent
 “Nothing… shall affect the employment of
any person employed on or before 7/1/09
… or when immediate family member
becomes superintendent”
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HB 455
May 15 deadline
 Teachers who earn leadership degrees after
7/1/10, but who are not employed in a
leadership position (as defined by SBOE),
will not be paid for the leadership
certificate
 Stay tuned for interpretations
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HB 229 – SHAPE
2011-2012 – annual fitness assessment
program, as approved and funded by SBOE,
1X /year for students in 1-12, only through
a PE course taught by certified PE teacher
in which student is enrolled
 Measure level of physical fitness, report to
parent and aggregate by school to SBOE
 SHAPELIEST SCHOOL – state recognition
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HB 243 – National Board
Certified
Any person enrolled on 3/1/09 shall be
eligible for salary increases, subject to
appropriation
 After 7/1/09, only those shall be eligible
 2010 appropriation based on 10% of base
salary for T4, 1st year
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HB 193 – New definition of
“school year”
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Changes requirement for 180-day school
year for students and allows “equivalent
determined in accordance with SDOE
guidelines”
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SB 114 – Children of Military Families
Policies Affected
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School Admissions
Transfer &
Withdrawals
Absences and Excuses
Transferring Credits
Graduation
Requirements
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Student Records
Immunization
Promotion &
Retention
Entrance Age
Extracurricular
Activities
Scheduling for
Instruction
SB 8 – Epi Pen Administration
Each local board of education shall adopt a policy
authorizing a student to carry and self-administer
prescription auto-injectable epinephrine. Such policy
shall provide that in order to carry and selfadminister prescription auto-injectable epinephrine,
the student’s parent shall provide a written
statement from physician and release to consult with
physician and from liability
 Provisions to protect the safety of all students from
misuse or abuse
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Federal Legislation
The New Americans with
Disabilities Act (Effective Jan. 1, 2009)
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A disability is defined as: (this is not a change)
– A physical or mental impairment that substantially
limits one or more major life activities;
– A record of such an impairment; or
– Being regarded as having such an impairment.
Shift in Focus
Is there a disability?
Is there a reasonable
accommodation?
Shift in Focus
Is there a disability?
Is there a reasonable
accommodation?
Shift in Focus
Is there a disability?
Is there a reasonable
accommodation?
Major Life Activity
Performing manual tasks
Working
Reading
Bending
Thinking
Breathing
Eating
Hearing
Lifting
Communicating
Concentrating
Standing
Seeing
Caring for one’s self
Speaking
The operation of a
major bodily function
Sleeping
Walking
Learning
Major Life Activity
Performing manual tasks
Working
Reading
Bending
Thinking
Breathing
Eating
Hearing
Lifting
Communicating
Concentrating
Standing
Seeing
Caring for one’s self
Speaking
The operation of a
major bodily function
Sleeping
Walking
Learning
Major Life Activity
Performing manual tasks
Working
Reading
Bending
Thinking
Breathing
Eating
Hearing
Lifting
Communicating
Concentrating
Standing
Seeing
Caring for one’s self
Speaking
The operation of a
major bodily function
Sleeping
Walking
Learning
New ADA and Section 504:
Both Effective 1/1/09
Personnel Issues
Importance of job
descriptions and
documentation
 Is every employee
entitled to
accommodation plan?
 Retaliation claims and
recent RIFs
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Student Issues
Section 504 made
consistent with ADA
 What about response
to intervention?
 Can RTI save us from
IEP for every child?
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When is a RIF Policy NOT
NOT Needed?
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At Will Employees
 Nonrenewal of Nontenured Teachers
 Normal Attrition and Reassignment
 What about Fairness & Politics?
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Fair Dismissal Act
1. Incompetency;
2. Insubordination;
3. Willful neglect of duties;
4. Immorality;
5. Inciting, encouraging or counseling students to violate any valid
state law, municipal ordinance, policy or rule of the board;
6. Reduction
Reduction of
of staff
staff due
due to
to loss
loss of
of students
students or
or cancellation
cancellation of
of
programs;
programs;
7. Failure to secure and maintain necessary educational training;
or
8. An other good and sufficient cause.
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Challenging the Decision to RIF
"A reduction in force
involves the efficient
administration of the
school system and the
need to adjust how the
school system is
operated, regardless of
when the need arises."
State Board of Education
“Decisions such as whether
to institute a RIF are
legislative in nature and
will not be overturned by
the courts unless they
amount to a gross abuse
of discretion.”
Georgia Court of Appeals
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“nothing in this policy shall be construed to extend to any employee
substantive or procedural rights not required under state law.
Specifically, nothing in this policy shall extend to professional personnel
any expectation of re-employment or due process rights greater than
are available under the Fair Dismissal Law of Georgia. This policy is not
to be construed to mandate the promotion or transfer of an employee
to any other position with the School District, even though the
employee who is to be terminated may be qualified or certified for a
higher or other position.”
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“When the Superintendent determines that the
application of this reduction in force policy is
necessary, it shall be his or her primary
responsibility to prepare for presentation to the
Board of Education a plan for reduction in force
(RIF) in the affected program area(s).”
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“In making recommendations for termination,
nonrenewal or downgrading of employee
positions, the Superintendent may determine
the group of employees to which the RIF will be
applied or may consider any position or
employee of the Board of Education.”
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“Factors to be considered by the Superintendent in
devising a RIF plan shall include, first and foremost, the
professional expertise, effectiveness and overall job
performance of individual employees. Only where
demonstrated competence and expertise are equal
among employees shall other factors such as tenure
status, level of certification, and length of continuous
service with the Board by considered in order to make
recommendations for the termination, nonrenewal or
downgrading of an employee’s position.”
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Right to Recall
Illegal Discrimination or
Other Federal Claims
Issues after the RIF
Unemployment
References
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Teacher Evaluation:
It’s Not Just for Tenured Teachers
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Documentation & Evaluation in
Light of Education Reform
Legislation
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What has been the impact of education reform
acts on evaluating teacher performance?
 Significant shift from evaluating teacher
performance to evaluating student
achievement.
 History of evaluating teachers focused on
whether teachers had mastered certain discrete
techniques.
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QBE and Teacher Evaluation
20-2-210: All personnel…shall have their
performance evaluated annually by appropriately
trained evaluators.
 [Educators] who have deficiencies and other needs
shall have professional development plans.
 Progress relative to completing the [PDP] shall be
assessed [ as part of ongoing evaluation].
 “Cumulative evaluative record”
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QBE: Assessing Teacher
Performance
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Identify competencies associated with
effective teaching
 Assumption: If teacher can demonstrate
these competencies, students will learn
 Evaluation: Observing teacher performance
& determining whether teacher complies
with duties and responsibilities
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QBE: Assumptions about
Evaluations
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All teachers in all school districts would be
evaluated using the same criteria if administrators
received the same training
 Fundamental purpose of teacher evaluation to
improve instruction—not to document failure to
perform
 Teachers would model techniques, methodologies
teacher training programs touted as effective
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What Results from QBE
Evaluations?
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Many administrators were not well trained
to evaluate teachers
 Teachers learned the expected routine
 Evaluations became paper work burden—
not an effective teacher improvement
program
 Satisfactory = minimally acceptable
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QBE Evaluations: Results
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Minimum time spent in observing teachers
 GTDRI seldom used effectively
 Evaluations were not accurate reflection of
teacher performance or adherence to duties
and responsibilities
 Evaluations could not be used for
documentation
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More Results of QBE
Evaluations
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Evaluations became barriers to adverse
employment decisions
 Evaluations were a teacher’s best defense
 Teachers resented any “needs
improvement” indicators
 GTEP evaluations regarded as a “joke”
 Over 95% of all teachers did not need
improving in any area
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Legislative Response to QBE
Evaluations
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1995: Legislature struck requirement that
SBOE shall adopt regulations and
standards.
 New language: local units of administration
are authorized to use the models developed
by the State Board of Education.
 School systems now decide how much—if
any– of the GTEP procedures to retain
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The A+ Education Reform Act
of 2000 and Evaluations
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20-2-210 amended again by the omnibus HB 1187
to address teacher evaluations.
 Act mandates that annual teacher evaluations must
“at a minimum take into consideration” seven
discrete factors.
 School leaders must use these factors and other
relevant factors in assessing quality of instruction
and effectiveness of teachers [and other
employees].
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The Steps in the Evaluation
Process
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Identification
 Remediation
 Confrontation
 Documentation
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ARE STUDENTS
LEARNING?
1. The role of the
teacher in meeting
– The school’s
student
achievement goals
– The academic gains
of students assigned
to the teacher
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ARE TEACHERS
TEACHING?
2. Observations of the
teacher by the
principal and
assistant principals
– During the delivery of
instruction
– At other times as
appropriate
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IS THE TEACHER
LEARNING?
3. Participation in
professional
development
opportunities
– Application of
concepts learned
to classroom and
school activities
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HOW DOES THE TEACHER
RELATE TO OTHERS?
4. Communication and
interpersonal skills
– Interaction with students and
parents
– Interaction with other
teachers, administrators and
other school personnel
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DOES THE TEACHER COME
TO WORK AND ON TIME?
5. Timeliness and attendance for
assigned responsibilities
– Showing up and on time is essential to be
effective
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DOES THE TEACHER
FOLLOW RULES?
6. Adherence to school and local school
system procedures and rules
This would include
– Special education IEP’s and procedures
– SST plans and procedures
– Discipline procedures
– Assessment of students
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DOES THE TEACHER BEHAVE?
7. Personal conduct while in the
performance of school duties
– Does the teacher behave in a professional
manner at all times
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With students especially, but also
With parents, other teachers and administrators?
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HOW TO DETERMINE IF
STUDENTS ARE LEARNING
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Evaluators should make every effort to
– Utilize wide range of student achievement
assessments
– Utilize the teachers’ own testing of students
– Assessments set by the local board
– Assessments required by state law or rule
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EVALUATING TEACHERS BASED
UPON STUDENT PERFORMANCE
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Student assignments and tests as a measure
of student achievement
 Teachers’ grades as a guide to assessing
teacher performance
 Student achievement as measured by
CRCT, other standardized assessments
 Promotion/Retention and Teacher
Effectiveness
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WHEN EVALUATIONS MUST
BE COMPLETED?
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The evaluator must
complete evaluation
for each professional
person by April 1 of
each year, and
 The superintendent is
accountable to ensure
this is done
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Which Teacher Falls Below
the Acceptable Standard?
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Which teacher am I longing for his/her
retirement?
 Which teacher’s students do other teachers
not want because they didn’t learn anything
the previous year?
 Which teacher would I not let teach my
child?
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Beginning with the Principal’s
Principles
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Improving teacher performance is the most
important responsibility of the school leader
 Allocation of time for evaluating teacher
performance: The 90/10 and 10/90 rule
 Goal: To ensure that each child has a competent
and effective teacher, and
 To support and enable each teacher for whom the
leader is responsible to become fully proficient
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Enlisting Support for the
Process
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Do you have the support of the best teachers?
 How effective teachers can assist in implementing
teacher improvement strategies
 Developing a team approach to teacher evaluation
and improvement plan
 Keeping the Board and Superintendent Informed
(The Teachers Will)
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What is effective
documentation?
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Clear, concise and unambiguous language
 Language that conveys the intent of the
writer
 What message will the unintended reader
receive?
 Documentation as the most effective
witness
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Is Documentation
Harassment?
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Legal v. Illegal harassment?
 How to deflect allegations of harassment
 The boss is not always right—but is always
the boss
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How Much and How Long?
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How thick must the file be?
 How long must we document?
 Quality vs. Quantity
 How long must students endure?
 Tying documentation to student
achievement
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A Review of Sample
Documentation that Worked
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The ineffective teacher and how to direct
effectiveness
 The chronically absent or tardy teacher
 The ineffective communicator
 Enlisting the help of others
 The rule breaker
 Get a commitment from the teacher
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Inspiring a resignation
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Counseling or Coercing?
 Advising or Intimidating?
 Accepting resignations
 Can you make a deal?
 When do you need the lawyer?
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US Supreme Court: Safford
Unified v. Redding
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Strip search of middle school student was
too intrusive given the threat imposed by
the pills and the lack of information they
would be found
 Watch out for the footnote about bookbags
 Does a clear notice to the student and parent
help?
 Involvement of the SRO
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Decision of the Georgia
Supreme Court
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Supreme Court finds a ministerial duty and
upholds Court of Appeals in Smith v.
McDowell
 A principal’s directive creates a ministerial
duty
 What effect does the admission of the
secretary that she had no discretion have?
 Why does it matter?
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Your Turn:
What Questions Did Not Get
Answered?
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ADJOURN
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