Transcript 2015 GAINS Conference

2015 GAINS Conference
Legal Issues Update
May 7, 2015
Presented by: Cory O. Kirby
Harben, Hartley & Hawkins, LLP
Gainesville, Georgia
SR 287 – Opportunity School District
November 16, 2015 Ballot
( ) YES
( ) NO
Shall the Constitution of
Georgia be amended to allow
the state to intervene in
chronically failing public schools
in order to improve student
performance?
Opportunity School District (SB 133)
Constitutional amendment
OSD Superintendent appointed by Governor
Reports solely to Governor
“(d)” The OSD Superintendent is authorized to
waive specifically identified [SBOE] rules,
regulations, policies, and procedures, or
provisions of Chapter 2 of this title for
opportunity schools.”
Can superseded any contract
Opportunity School District (SB 133)
Cont’d
Four Intervention models:
1.
2.
3.
4.
Direct management
Shared governance
Change to charter school (OSD)
Close
Opportunity School District (SB 133)
Cont’d
In 2/3, principal/governing board makes
finance, personnel & curriculum decisions
In 1, OSD Superintendent makes all choices
What about current employees?
ISSUES IN THE GENERAL
ASSEMBLY
IT’S ALL ABOUT THE MONEY
Funding Task Force
Charter System, IE2, and Flexibility
Transportation Excise Tax
SB2 – Expanding PSO
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Insurance for Classified Personnel
Proposed FY16 Budget
“Effective January 1, 2016, eliminate SHBP coverage
for non-certified public school employees, as
defined in OCGA 20-2-910, who work, on average,
fewer than 30 hours per week.”
20-2-910
"Public school employee" means an "employee" as
defined in paragraph (20) of Code Section 47-4-2
[those not eligible for TRS].
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What should you do?
Be aware of the issue and how it progresses during this
year and next
Begin exploring viable options
Coverage through the ACA exchange
Combining work arrangements
But be careful of simple answers that may result in
further complications
Pay raises and hourly rate consequences
Impact on salary schedules
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HB 62 – Scholarship for Special Needs Students
Remember:
1. Parent can choose to enroll child in school
outside attendance zone or resident school
system
2. Must have certain disabilities
3. Maximum amount of scholarship – cost of
educational program child would have been
provided in resident school
•
Calculation = Lesser of 3 or tuition and fees of
participating school
New: One-year residency requirement waived for
participants on active duty stationed in Georgia
BEER
Now that I have your attention…
HB 85
• Grocery store may sell wine and
malt beverages within 100 yards of
school building and grounds
• Minimum of 10,000 square fee
• At least 85% reserved for sale of
food
Georgia High
School Graduation Test
GONE
HB 91 – Retroactive Diplomas
Effective now, GHSGT and writing test no longer
required and will no longer be given
Student lacking a diploma solely as result of not
passing test in the past can petition local board
If eligible, but for test, shall issue diploma and may
date it on issuance date or retroactively
New graduates do not count for graduation rates
Notice to be given for the next 3 years
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Questions to be determined
What date to put on diploma?
Effect on HOPE scholarship eligibility
Can the student decide the date?
What about current students who can no longer
take the test?
How do they count for graduation rate?
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HB 131 – Cyberbullying
Acts which occur … by use of data or software that is accessed
through a computer. computer system. computer network. or other
electronic technology of a local school system.
Acts … which occur through the use of electronic communication,
whether or not such electronic act originated on school property or
with school equipment, if (1) directed specifically at students or
school personnel. (2) maliciously intended for the purpose of
threatening the safety of those specified or substantially disrupting
the orderly operation of the school, and (3) creates a reasonable fear
of harm or has a high likelihood of succeeding in that purpose.
For purposes of this Code Section electronic communication includes
but is not limited to any transfer of signs. signals. writings. images.
sounds. data or intelligence of any nature transmitted in whole or in
part by a wire. radio electromagnetic. photo electronic or photo
optical system.
Effective on Governor’s signature
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Transportation Bill (HB 170)
July 1, 2015 – after expiration of current or renewed
ESPLOST
Amount of 1% of retail price when fuel is $3.00/gallon
.26/gallon tax on gas
.28 /gallon tax on diesel
Child Abuse Reporting (HB 268)
Specifically covers volunteers in education
Kicks in upon receipt of “reliable information”
that abuse has occurred
Receivers of information – person in charge –
report made
Cannot change information
Report – oral or fax within 24 hours
HB 198 – Suicide Prevention
DOE Rule requiring training in suicide awareness
and prevention for certified staff
Policy required at local level, DOE to provide
model
No cause of action, no standard of care
established
But still be careful of ministerial duty creation
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HR 620 – Renewable Energy
“WHEREAS, in addition to reducing energy costs
and teaching students about real-world energy
issues, including the need to reduce the use of
fossil fuels, the community as a whole gains an
awareness of the value of renewable energy;”
“WHEREAS, new and existing school buildings can
be made more energy efficient in three primary
areas: lighting systems and controls; mechanical
systems such as heating, cooling, ventilating,
and water heating equipment; and the building
envelope including the walls, floor, and roof;”
SB 126
“ (a) A physician licensed to practice medicine in
this state, an advanced practice registered nurse
acting pursuant to ... Code Section 43-34-25,
and a physician assistant acting pursuant to …
subsection (e.1) of Code Section 43-34-103 may
prescribe auto-injectable epinephrine in the
name of a public or private school for use in
accordance with Code Section 20-2-776.2 and in
accordance to protocol specified by such
physician, advanced practice registered nurse,
or physician assistant.”
SB 126 – Cont’d
“(a) A physician licensed to practice medicine in
this state, an advanced practice registered nurse
acting pursuant to … Code Section 43-34-25,
and a physician assistant acting pursuant to …
subsection (e.1) of Code Section 43-34-103 may
prescribe levalbuterol sulfate or albuterol
sulfate in the name of a public or private school
for use in accordance with Code Section 20-2776.3.”
SB 126 – Cont’d
Designate an employee trained in
possession/storage and administration of
levalbuterol sulfate
Trained in recognizing symptoms of respiratory
distress
May administer when, in good faith, believing it is
necessary
Immunity
Board must adopt policy
Tribunals and Suspensions
Push to Eliminate or Reduce OSS, especially
expulsions
Pressure from Federal Dear Colleague Letters
Pressure from certain interest groups
Pressure from accountability measures
Challenges to Tribunal Process
Push to Make Alternative Schools Equal to
Regular Schools
Will There Be State Legislation?
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Other Legal Matters
HB 502: Cleans up remaining confusion over
4/15 v. 5/15
SB 100: Removes attendance from TAADRA
SB 164: encourages PBIS (think USDOE Dear
Colleague letters)
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Issues from the Courts
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Floyd County Board of Education v. Day
Floyd County Superior Court
“The Court finds that as a previously tenured employee, Ms. Day has a
protected property interest which cannot be taken by mere legislative
enactment. A taking of her tenure rights must have been accomplished
by some form of due process action by her employer. Since her tenure
rights are vested, execution of a Charter School Agreement to which she
is not a party cannot take those rights from her. But, here, as the SBOE
found, she was provided with her due process rights.”
“[T]he SBOE was in error to use this hearing as a basis for determination
of whether the Local Board correctly followed provisions of the Charter
Agreement in implementation of the RIF. The SBOE has a specific
procedure set forth in OCGA § 20-2-2068 for it to seek a determination
whether or not a Local Board has complied with a Charter School
Agreement.”
Mandated Reporting after
May v. State
HS Teacher told by former student of past
relationship with parapro, no report, charges
brought
For institutional workers (school employees)
obligation only extends to children to whom
the reporter “attends”
Report to “person in charge” the only required
report – discussion of policy reasons why this is
preferable
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May Implications
Does it just affect criminal prosecutions?
What about the PSC?
Standard 9: Required Reports - An educator
shall file reports of a breach of one or more of
the standards in the Code of Ethics for
Educators, child abuse (O.C.G.A. §19-7-5), or
any other required report.
Review of local protocols
Can we have a different local rule and enforce
it?
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Boston v. Athearn (Georgia Court of
Appeals)
“Under Georgia law, liability for the tort of a minor child is
not imputed to the child’s parents merely on the basis of the
parent-child relationship. Parents may be held directly
liable, however, for their own negligence in failing to
supervise or control their child with regard to conduct which
poses an unreasonable risk of harming others.”
“The Athearns’ argument does not take into account that, as
Dustin’s parents, they continued to be responsible for
supervising Dustin’s use of the computer and Internet after
learning that he had created the unauthorized Facebook
profile.”
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Questions
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