Transcript FIRST DISTRICT RESA VETERAN BOARD MEMBER TRAINING

Legal Issues for the General Assembly
and the End of the School Year
February 5, 2013
Athens, Georgia
Phil Hartley
Harben, Hartley & Hawkins, LLP
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Move on, but don’t forget what
we learned
The Support of Your Community
The Message is Important
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 Involving Parents, Involving the
Community
 Charter is Not a Negative Word
 There are So Many Other Options
 Communication is the Key
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Tuition Tax Credits
Expanding Vouchers
New State Charters
Flexibility for Districts?
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What is the trigger?
Unacceptable, lower 20%, performance standards
How Many Parents (or Teachers) Must Decide?
Majority or 60%
Then What?
Charter
Remove Personnel
Parent Choice within the District
Monitor or Management Team
School Improvement Plan
Restructure School Governance
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
Evaluations

Teacher Authority and Discipline
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 Started with QBE and mandated
evaluations developed by the State
 Why that Didn’t Work
 Local Control and HB 1187
 Tying Evaluations to Pay and Certification
 A New State Model and RTTT
 Mandated Evaluations Developed by the
State
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Who will be evaluated: Teachers of record,
principals, everyone else
 Multiple measurements, including student
achievement
 “Fair , rigorous, transparent, and valid measures”
 State Assessments, SLO’s, Growth analysis
 How much will it count?
 Classroom observations and student assessments
 "Exemplary," "Proficient," "Needs Development," or
"Ineffective,"

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Certification
 Step increases and merit pay
 “A rating of “Ineffective” shall constitute evidence
of incompetency”
 “Local school systems shall base decisions
regarding retention, promotion, compensation,
dismissals, and other staffing decisions, including
transfers, placements, and preferences in the
event of reductions in force, primarily on the
results of the evaluations”

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§ 20-2-210. Annual performance evaluation
(b) Annual teacher evaluations shall at a minimum take into
consideration the following:
(1) The role of the teacher in meeting the school's student
achievement goals, including the academic gains of students
assigned to the teacher;
(2) Observations of the teacher by the principal and assistant
principals during the delivery of instruction and at other times as
appropriate;
(3) Participation in professional development opportunities and the
application of concepts learned to classroom and school activities;
(4) Communication and interpersonal skills as they relate to
interaction with students, parents, other teachers, administrators,
and other school personnel;
(5) Timeliness and attendance for assigned responsibilities;
(6) Adherence to school and local school system procedures and
rules; and
(7) Personal conduct while in performance of school duties.
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 Frustration with Principals and
Assistant Principals
 Frustration with Tribunals and Boards
 Frustration with Juvenile Courts
 Frustration with Special Education
Rules
 Frustration with Parents
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§ 16-11-127.1. Carrying weapons within school safety zones, at school functions,
or on school property
(a) As used in this Code section, the term:
(2) "Weapon" means and includes any pistol, revolver, or any weapon
designed or intended to propel a missile of any kind, or any dirk, bowie knife,
switchblade knife, ballistic knife, any other knife having a blade of two or
more inches, straight-edge razor, razor blade, spring stick, knuckles,
whether made from metal, thermoplastic, wood, or other similar material,
blackjack, any bat, club, or other bludgeon-type weapon, or any flailing
instrument consisting of two or more rigid parts connected in such a manner
as to allow them to swing freely, which may be known as a nun chahka, nun
chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever
configuration, having at least two points or pointed blades which is designed
to be thrown or propelled and which may be known as a throwing star or
oriental dart, or any weapon of like kind, and any stun gun or taser as defined
in subsection (a) of Code Section 16-11-106. This paragraph excludes any of
these instruments used for classroom work authorized by the teacher.
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(b) (1) Except as otherwise provided in subsection (c) of this Code
section, it shall be unlawful for any person to carry to or to
possess or have under such person's control while within a
school safety zone or at a school building, school function, or
school property or on a bus or other transportation furnished by
the school any weapon
(2) Any license holder who violates this subsection shall be
guilty of a misdemeanor. Any person who is not a license
holder who violates this subsection shall be guilty of a felony
and, upon conviction thereof, be punished by a fine of not more
than $10,000.00, by imprisonment for not less than two nor
more than ten years, or both.
(4) A child who violates this subsection may be subject to the
provisions of Code Section 15-11-63.
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(c) The provisions of this Code section shall not apply to:
(6) A person who has been authorized in writing by a duly
authorized official of the school to have in such person's possession
or use as part of any activity being conducted at a school building,
school property, or school function a weapon which would
otherwise be prohibited by this Code section. Such authorization
shall specify the weapon or weapons which have been authorized
and the time period during which the authorization is valid;
(17) Teachers and other school personnel who are otherwise
authorized to possess or carry weapons, provided that any such
weapon is in a locked compartment of a motor vehicle or one
which is in a locked container in or a locked firearms rack which is
on a motor vehicle; or
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(19) Designated school administrators under Code Section 16-11-127.3.
“the board of education … may designate one or more administrators at each
school… to possess and carry firearms within a school safety zone or school
building, at a school function, or on school property or on a bus or other
transportation furnished by the school, including carrying such firearms
concealed.”
“Such administrators… shall: (1) Obtain a weapons carry license; and (2)Attend and
successfully complete the basic training course for peace officers or a training
course developed specifically for school administrators”
“Each administrator … shall annually qualify with each firearm that he or she
intends to possess or carry … with the county sheriff's department or a
municipal police department in the county in which the school at which he or
she is an administrator is located.”
“The board of education shall pay for the costs of all necessary and recurring
training”
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Concussion Legislation
Carbon Monoxide Monitoring Requirements
Bullying and Cyber Bullying Changes
Creation of Ministerial Duties
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EEOC
More diligent in investigations
More findings of discrimination and
retaliation
Are they filing more lawsuits?
DOJ
More parallel investigations with OCR/EEOC
GNETS programs in Ga.
Legislation by Amicus Briefs
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Bullying/Harassment
More, longer, diligent investigations
Legislation by Regulation
Legislation by Waivers
Legislation by Dear Colleague Letters
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"Students with disabilities who cannot participate in the school
district’s existing extracurricular athletics program – even with
reasonable modifications or aids and services – should still have
an equal opportunity to receive the benefits of extracurricular
athletics. When the interests and abilities of some students
with disabilities cannot be as fully and effectively met by the
school district’s existing extracurricular athletic program, the
school district should create additional opportunities for
those students with disabilities. . . . In those circumstances, a
school district should offer students with disabilities
opportunities for athletic activities that are separate or
different from those offered to students without disabilities.
These athletic opportunities provided by school districts
should be supported equally, as with a school district’s other
athletic activities."
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March 20, 2013 – right after GCASE,
newest issues in Special Education
March 21, 2013 – focus on tribunals,
safety, and enrollment
March 22, 2013 – focus on
hiring/contracts, nonrenewal,
personnel files, EEOC/FMLA
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