Thursday, April 8, 2010

◊  Preliminary Program

1:00 p.m. – 7:00 p.m.  ◊  School Law Seminar Registration

1:00-4:00 p.m.  ◊  Early Bird Session – Labor Relations for the Seasoned Practitioner

Your host: Justin Petrarca, chair, COSA Labor Relations Committee, Scariano, Himes & Petrarca

Managing Work Stoppages and Strikes

As the prospect of pay raise diminishes, the likelihood of work stoppages and strikes increases. Discuss how to manage these issues with two experienced labor relations attorneys and a communications expert.

Justin Petrarca, Scariano Himes & Petrarca, Michael Loizzi, Hodges, Loizzi, Eisenhammer, Rodick & Kohn, and Holly Bartecki, Senior Vice President, Creative & Strategic Development, Jasculca/Terman & Associates, Inc.

Trends in Bargaining During Difficult and Changing Times

The economic crisis has had far-reaching implications for collective bargaining on issues such as layoffs, ranking teachers, receiving “Race to the Top” funds, and health care reform. Discuss with a panel of labor relations attorneys from across the country how these and other current issues are being addressed at the bargaining table.

Moderator: Gregory J. Guercio, Law Offices of Guercio & Guercio, LLP

Panel: Benjamin J. Ferrara, Past Council chair, Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C., James C. Hanks, Past Council chair, Ahlers & Cooney, P.C., Barbara A. Ruga, Clark Hill PLC, and Ronald D. Wenkart, Orange Co. Board of Education

4:00-6:30 p.m.  ◊  Opening General Session

Welcome to Chicago

A. Dean Pickett, Council chair, Mangum, Wall, Stoops & Warden, P.L.L.C.

Your host: Thomas E. Wheeler, II, Council chair-elect and chair 2010 School Law Seminar Program Committee*, Frost Brown Todd, LLC

A tribute in memory of Patricia E. Baker (1947-2009), Deputy Executive Director & General Counsel, Kansas Association of School Boards and 1989-1990 Council chair. The Council will announce the creation of the KASB/NSBA Patricia E. Baker Scholarship Fund and several Council colleagues will remember Pat.

Look b4u Leap! – Employment Considerations Before Jumping into the World of Web 2

The Web 2.0 Era and the prevalent use of Facebook, MySpace, Twitter and other social networking sties, especially among young teachers, raises a number of questions. E-due diligence, monitoring, discipline and termination of employees are just some of the issues to be explored.

Rachael E. Rolf and Deryl W. Wynn, McAnany, Van Cleave & Phillips, P.A.

“Sexting” in Schools: Handling Discipline in Light of Technology Changes

Learn legal and practical tools to deal with technology-related discipline issues. View the issues from both the board and administrator’s perspective - relevant in light of recent cases where administrators were targeted for investigations.

Stephanie E. Jones, Hodges, Loizzi, Eisenhammer, Rodick & Kohn and Sara Boucek, Associate Director and General Counsel, Illinois Association of School Administrators

Friday...

Friday, April 9, 2010

7:30 a.m. – 9:00 a.m.  ◊  Continental Breakfast

8:15 a.m. – 4:30 p.m.  ◊  Full Day of Programming & Reception

Presentation of the COSA Award for Lifetime Achievement

Dean Pickett, COSA chair

AARA and Equity: The Legal Impact National Standards and Assessments May Have on Funding and Discrimination Claims by Students

Learn about claims students have brought against school districts for failure to provide equal educational opportunities, the role assessments and standards have played, historical civil rights/discrimination framework played out in the “assessment wars,” and an analysis of the impact national common core standards and national assessments could have on the legal rights of students and legal obligations of districts.

Elizabeth Eynon-Kokrda, Baird Holm, LLP, COSA Secretary

Enforcement Priorities for OCR in the Obama Administration

Join us for an analysis by topic of the compliance review and investigations conducted by Office for Civil Rights during the first year of the new Administration.

John W. Borkowski and Maree Sneed, Hogan & Hartson LLP

The Path to Litigation Success in Student Related Matters: How to Navigate the Trap of Discovery

School districts and their attorneys need to pay increasing attention to the demands placed on them when involved in litigation involving students. Learn how to respond to electronic discovery requests, but also how to see and obtain discovery from a student or their family.

James Keith, Adams & Reese, Mary Kay Klimesh, Seyfarth Shaw, and Andrew Manna, Church, Church, Hittle & Antrim

First Concurrent Session

Your host: Patrice McCarthy, Council vice-chair, Connecticut Association of Boards of Education

With Strings Attached: Boosters, PTO/PTA, Foundations and Fundraisers

School districts increasingly rely on the support of charitable organizations, booster clubs, and foundations to support school activities. This session will focus on promoting productive relationships between schools and fundraisers including use of funds, use of public resources, free speech/establishment clause concerns, tax exemptions, and liability concerns.

Peter K. Wilson, Jr. and Dean M. Frieders, Mickey, Wilson, Weiler, Renzi & Andersson, PC

How to Create a Virtual School: the Legal Issues

Many school districts today are creating “virtual” schools in which students take courses on-line and teachers instruct from venues distant from the district. Some issues to consider are intellectual property, student discipline, academic dishonesty, personnel, and contract issues, and more. Take home sample contracts, policies and documents that will help guide your district as it moves into the modern educational age.

Jeffrey J. Horner, Bracewell & Giuliani LLP

Tips on Helping School Districts Move Through Tough Economic Times: A Town Meeting

In the school attorney’s role as “counselor,” there are many ways that the school district lawyer can assist his/her client in dealing with difficult management decisions required by these tough economic times. From dealing with labor unions, to furloughs, adequacy litigation, and even fundraising strategies, discuss with this panel some ways the school attorney can help.

Moderator: Patrice McCarthy, COSA Vice-chair, Connecticut Association of Boards of Education

Panelists: Pilar Sokol, New York State School Boards Association, Thomas E. Wheeler, II, COSA Chair-Elect, Frost Brown Todd, LLC, and Stanley B. Eisenhammer, Hodges, Loizzi, Eisenhammer Rodick & Kohn, Chicago, Ill.

Second Concurrent Session

Your host: Andrew M. Sanchez, Cuddy McCarthy

Restraints, Holds, and Time-Out Rooms: The Special Education Director’s Perspective & the School Attorneys’ Perspective

Take home tools to advise school officials in the appropriate use of restraints, holds, and time-out rooms with students. Using scenarios, this legal team will discuss and analyze sticky fact patterns from both points of view.

Edward Sullivan, Mary Jo Dare, Allison Fetter-Harrott, and Amy M. Steketee, Baker & Daniels LLP

Playing the Trump Card in School: When Do the Rights of a Special Education Student Trump the Rights of Other Students?

There are newer complex issues facing school staff beyond inclusion of students with disabilities such as accommodating children with severe allergies (peanuts, the environment, or pet dander) and providing for the education of children with severe behaviors in general classes when the student's presence disrupts the education of other students. To what extent do schools have to go to be “allergen free” zones? Should disruptive special education students be allowed to remain in a class if their presence adversely affects the education of the other students? These complex legal questions will be investigated and suggestions provided for balancing the rights of all.

Kathleen S. Mehfoud, Reed Smith L.L.P

New Provisions of Section 504

The ADA Amendments Act of 2008 increased the number of individuals who qualify for accommodation under both the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. Learn about the new provisions of Section 504 that require your attention.

Patricia J. Whitten, Franczek Radelet P.C.

4:30 – 5:30 p.m.  ◊  School Law Seminar Reception

Held in honor of Edgar H. Bittle, Ahlers & Cooney, P.C., recipient of the COSA Lifetime Achievement Award.

Thank you to our sponsors: Ahlers & Cooney, P.C.; Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C.; Franczek Radelet, P.C.; Frost Brown Todd, LLC; Hodges, Loizzi, Eisenhammer, Rodick & Kohn; Klein, Thorpe & Jenkins, Ltd.; Mickey, Wilson, Weiler, Renzi & Andersson, P.C.; Odelson & Sterk, Ltd.; Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd.; and Scariano, Himes & Petrarca, Chtd.

Saturday...

Saturday, April 10, 2010

7:30 a.m. – 9:00 am  ◊  Continental Breakfast

8:30 a.m.-12:00 noon.  ◊  Morning General Session

Your host: Elizabeth Eynon-Kokrda, Council secretary, Baird Holm, LLP

COSA Business Meeting & Elections

Presiding: A. Dean Pickett, Council Chair

A Comprehensive Legal Advocacy Update

Review recent Supreme Court cases and the likely effect the newest Justice will have on school districts. Consider how decisions on topics from school finance for English Language Learners to strip searching students will impact policy in your school district, and learn more about Justice Sotomayor’s perspective on school district issues.

Francisco M. Negrón, Jr., NSBA Associate Executive Director & General Counsel

Perils and Pitfalls of Representing “Split Boards:” Ethical Challenges for the School Board Attorney

Join this nuts-and-bolts discussion of ethical challenges facing school board attorneys representing contentious and divided boards. Explore issues such as loyalty, confidentiality, whistle blowing and other aspects of institutional lawyer-client relationship.

David B. Rubin, David B. Rubin, P.C., past COSA chair

Preventing & Defending Against Catastrophic Injury Lawsuits in Athletics

Catastrophic injury verdicts can easily exceed school district insurance limits, thereby, putting general funds at risk. What should a school district do to protect itself? Hear a brief survey of jury verdicts and case study and learn what actions your district should take before a catastrophic injury.

Michael A. Patterson & Donald F. Austin, Patterson Buchanan Fobes Leitch & Kalzer, Inc. P.S.

12 noon  ◊  Adjourn

Networking...

 

Thursday, April 8  ◊  Networking Opportunities

8:30 a.m – 2:00 p.m.  ◊  State Association Counsel Meeting

Annual networking meeting of counsel to NSBA State Association Members

Your hosts: Elizabeth Ewing, Virginia School Boards Association and Lisa Soronen, NSBA Senior Staff Attorney

11:00 a.m – 2:00 p.m  ◊  In House Counsel Luncheon and Facilitated Discussion

Your host: Jack Lance, Rockdale Co. School District, Conyers, Ga.

Friday, April 9  ◊  Networking Opportunities

4:30 – 5:30 p.m.  ◊  School Law Seminar Reception

Extended Programming...

Extended Legal Programming

Extended Legal Programming at McCormick Place, Saturday, April 10 – Monday, April 12

Add two additional days of informative legal sessions presented by Council members by registering for NSBA’s Annual Conference & Exposition to be held at McCormick Place. Here is a brief summary of the program line up. Please refer to the NSBA conference website for complete information on these sessions and to register for the School Law Seminar AND the NSBA 70 th Annual Conference & Exposition. Register for the NSBA Annual Conference & Exposition by Dec. 30, 2009 for the NSBA early registration discount.

Monday, April 12, 8:00-9:15 a.m.  ◊  National Education Spotlight

The Year in Review: Sotomayor, the Supreme Court, and Public Schools

Join NSBA’s General Counsel Francisco M. Negrón, Jr. in a discussion about recent Supreme Court cases and the likely affect the newest Justice will have on school districts. Recently, the Court has decided five cases directly involving school districts on topics ranging from school finance for English Language Learners to strip searching students. Consider how these decisions impact policy in your school district, and learn more about Justice Sotomayor’s perspective on school district issues.

Additional 75 Minute Sessions

• Can You See Me Now? The Growing Problem of “Sexting” in the Public Schools
• Cyberbullying: Focus on the Legal Issues
• Do Good Guy Ever Win Title VI and Title IX Cases?
• From the Courts to the Courts: Athletic Risk Management
• Legal Literacy for School District Administrators: The Essential School Law Program
• Public Participation 9-1-1: Let’s End Disruptive Meetings
• Reauthorizing, Revising or Reforming the No Child Left Behind Act
• Religion and Public Schools
• School Law: Are You Smarter Than a Board President?
• Ten Practices to Avoid Liability
• What School Board Members Need to Know About Special Education Law
• You Are Wearing THAT to School? Regulating Student Dress and Freedom of Expression

Note: The Council has not applied for Continuing Legal Education (CLE) credit for NSBA conference sessions offered at McCormick Place. However, some states allow attorneys to claim attendance at these sessions. They will be presented by attorneys and written materials will be posted on the web.