Legal issues for school administrators

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Legal issues for school administrators

• Ryan Owens CCOSA General Counsel

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Our Umbrella Principle

• 1. A school administrator must acknowledge that
  they hold the publics trust in carrying out
  their duties each and every day.
• 2. A school administrator who acts with honesty
  and integrity, both in the open and behind closed
  doors, lives in a less stressful world!
• 3. A school administrator who understands that
  education empowers people will strive to push
  their students and staff toward personal success.

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Oklahoma School Law Book

• The Oklahoma School Law Book is a helpful tool
  for decision makers.
• Reading the book cover to cover is NOT helpful
  for users

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Chapters worth your time

• Chapter 6 Personnel
• Chapter 7 Students
• Chapter 8 Instruction
• Chapter 11 Transportation
• Chapter 12 Safety and Security

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STUDENT ISSUES
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STUDENT ENROLLMENT

• Student who reside in the school district must be
  allowed to enroll.
• Schools can use discretion when enrolling
  non-resident students.

• Residence determined by residence of person with
  legal custody.
• Schools must adopt a policy when deciding whether
  to allow a student to establish residency by
  affidavit.

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ENROLLMENT CONTINUED

• Students have the right to enroll in school.
• Student records requested from sending district.
• Birth Certificate to verify age.
• Document establishing residency in school
  district.
• Certificate of vision screening and
  immunizations.

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Family Law

• Remember that family law issues are for a judge
  to decide.
• Parental rights can only be terminated by a court
  with jurisdiction and absent a termination of
  rights you must respect each parents role in the
  life of their child.

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Reporting Child Abuse and Neglect

• Remind your staff that any person having reason
  to believe that a child under 18 is the victim of
  neglect or abuse has an affirmative duty to
  report that information to D.H.S.
• Develop a plan that involves you, as the school
  administrator, and your superintendent in these
  situations.

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When can I search?

• A school employee may search a students personal
  property and / or search the student ONLY upon a
  reasonable suspicion that the student possesses
• Dangerous Weapons
• Controlled Dangerous Substances
• Intoxicating Beverages
• Low-point Beer
• Missing or stolen property

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Know your limits

• I would advise you NOT to do the following

• This is okay.

• Removing anything except cold weather outerwear.
• Searching student property without reasonable
  suspicion.
• Holding on to student property or any discovered
  contraband.

• Searching lockers, desks or other school property
  without notice and without students present.
• Searching student property when you have
  reasonable suspicion.
• Same sex searches of the student in question
  witnessed by an authorized person.

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Corporal Punishment

• CCOSA recommends that all members review their
  districts policy on the use of corporal
  punishment as a method of behavior management.

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Exemption From Physical Education

• Schools no longer have to provide physical
  education to students who are
• Placed into in-house suspension
• Placed into detention class
• Under in-school restriction
• Subject to an administrative disciplinary action.

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SEXTING

• What is Sexting?

• Understanding What Is Legally Acceptable for
  Administrators

• Contact police and parents immediately.
• Do not store pictures or messages for police.
• Do not transmit pictures or messages.

• The sending of nude or obscene emails
  /photographic text messages by one minor child to
  another.
• New phenomena among adolescent students.

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ADMINISTRATIVE ISSUES
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Non-Renewal or Termination of Administrators

• TENURED TEACHERS

• ADMINISTRATORS

• Evaluations by Certified Administrator
• Admonishment / Plan of Improvement
• Recommendation of Termination for Limited Reasons
• Board hearing not sooner than 20 days nor later
  than 60 days after notification
• Board Action Required
• Trial De Novo of Board Decision

• Evaluations by Superintendent or Board If You Are
  The Superintendent
• Plan of Improvement
• Termination / Non-renew letter from
  Superintendent or Board
• 10 Days to Request Hearing
• Board Decision Final!!!

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How private is this conversation???
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Oklahoma Open Records Act

• APPLIES TO THE FOLLOWING
• Public bodies School Districts
• Keeping Records all types of documents
• Employing Public Officials any employee of a
  public body

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What Can They Legally Discover???
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Be careful of The Internets

• Facebook and Myspace have created a new issue for
  professionals from all walks of life.
• Get ahead of this problem by warning teachers,
  staff and students to use discretion when putting
  photos on the internet and/or posting/writing on
  social network sites and blogs.

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Other resources available to you
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THANK YOU

• If you have any further questions please contact
  Ryan Owens, CCOSA General Counsel
• 405-524-1191
• owens_at_ccosa.org