Ms. Brown Schafer is the director of policy and legal counsel for the North Carolina School Boards Association. She attended law school at Wake Forest University and has practiced school law and been a member of the NSBA Council for more than 20 years. She has served as chairperson, vice-chairperson, secretary-treasurer and a member of the executive council of the North Carolina Council of School Attorneys. Ms. Brown Schafer has attended the annual policy conferences and the Education Adequacy Conference. Her state association presentations include: Who Gets to Play? – An Introduction (Sports Law Seminar) 2004 and Instruction About Religion vs. Religious Instruction – What Kinds of Instruction are Permissible in the School Setting? (The Law on Religion in the Schools) 2002. She served on the NSBA Council board of directors from 2004-2008 and chaired the Council Committee on Law School Programs.

Sonja H. Trainor is a senior staff attorney at the National School Boards Association, where she edits publications including Legal Clips and Leadership Insider, serves as a resource for members of the Council of School Attorneys, and presents on topics including technology issues and free speech. Before joining NSBA, Ms. Trainor practiced law with Hodges, Loizzi, Eisenhammer, Rodick & Kohn in the Chicago area, representing school districts in a variety of matters including special education, student discipline, and teacher dismissals. Ms. Trainor graduated with honors from Washington University in St. Louis with a B.A. in English Literature and Educational Studies. She received her law degree in 1996 from the University of Illinois College of Law in Champaign-Urbana, where she also served as a research assistant for the chair of the College of Education’s Department of Educational Organization and Leadership. Ms. Trainor resides in the Washington, DC area with her husband and three elementary-aged children, all of whom attend public schools.

Mr. DeVita is Division Counsel for the 60,000-pupil Loudoun County Public Schools which is the fastest growing school division in Virginia. He previously served as Chief Legal Counsel for the Cleveland Metropolitan School District and as General Counsel for the Akron Public Schools. Practicing law for more than 27 years, Mr. DeVita has variously served as a staff attorney for the Dayton Public Schools and the City of Dayton, Ohio, as well as engaged in private practice. He is also a colonel in the United States Air Force Reserves. Mr. DeVita is the Senior Individual Mobilization Augmentee (IMA) to the Staff Judge Advocate for Air Combat Command’s 12 AF/JA, Davis-Monthan AFB, Arizona, effective 1 April 2007. The Twelfth Air Force area of responsibility includes Central and South America. He oversees the officer and enlisted reservist cadre attached to Twelfth Air Force (ACC). Prior to the current position, he was the Senior IMA for the United States Air Force Warfare Center (ACC), Nellis AFB, NV. His previous attachment was as the Executive Officer for the Mobilization Assistant to the Air Force Materiel Command Staff Judge Advocate. He served as needed in managing more than 100 attorneys and paralegals throughout the nation.

Lisa Soronen’s work as a senior staff attorney for the National School Boards Association (NSBA) includes amicus curiae advocacy on appellate cases affecting public schools and providing legal resources and support to state school board associations, local school boards, and the NSBA Council of School Attorneys (COSA), the national professional association for attorneys who represent school districts. She serves as editor of, and frequent contributor to, Inquiry & Analysis, the monthly journal of COSA; as federal regulations editor for NSBA’s weekly Legal Clips e-newsletter; and as editor of numerous other NSBA legal publications. She has represented NSBA in testimony before the U.S. Congress and in many other venues related to school law and policy.

Prior to joining NSBA, Ms. Soronen was staff counsel with the Wisconsin Association of School Boards and served as a state appellate court clerk in that state. She earned her J.D. at the University of Wisconsin Law School and is a graduate of Central Michigan University.

Patrice McCarthy is Deputy Director and General Counsel for the Connecticut Association of Boards of Education, where she has served for 28 years. She is a graduate of Mount Holyoke College and the University Of Connecticut School Of Law. She currently serves as Chair-elect of the National School Boards Association Council of School Attorneys, and is a Past President of the Connecticut School Attorneys Council. She also served as President of the Connecticut Chapter of the American Society for Public Administration, and on the Executive Committee of the Labor and Employment Law Section of the Connecticut Bar Association. Patrice has served as chairman of the Connecticut Alliance for Arts Education, and is an evaluator of American and International schools abroad for the New England Association of Schools and Colleges. In 2007 she received the Federation Member Distinguished Service Award from the National School Boards Association. She has been a frequent presenter at national, regional and state conferences.

Daniel P. Murphy serves as Director of the Division of Legal and Governmental Affairs for the Connecticut State Department of Education where he oversees a staff of attorneys responsible for all legal and legislative functions of the department. He directs the staff and operations of the agency’s legal division and is responsible for all division activities including personal oversight of the teacher and administrator negotiations process for local and regional boards of education. Mr. Murphy received his law degree from Seton Hall University.

Alissa Ocasio serves as the Legal Advisor to the Boston Public Schools, a school district comprising of 134 schools, approximately 4,700 employees, 56,700 students and 10,800 students with special needs. In this role, Ms. Ocasio serves as part of the Management Team for the City of Boston’s Corporation Counsel charged with representing the City of Boston and its various departments. Ms. Ocasio has represented the school district, superintendents, and school committee since 2002, handling civil litigation, civil rights, employment discrimination, special education, municipal procurement and contract matters. In 2003, Ms. Ocasio successfully defended the school district in the case of Jane Doe v. Boston Public Schools which set precedent in the First Circuit on the recovery of attorneys fees in cases brought under the Individuals with Disabilities Education Act (IDEA). Ms. Ocasio also teaches a course in school law for Boston Principal Fellows and is a guest lecturer for the “Schools and the Law” course at Harvard University Graduate School of Education. Prior to joining the Boston Public Schools, Ms. Ocasio worked as an associate in a private defense law firm specializing in civil litigation and insurance defense. In addition, she served as a legal intern with the Suffolk County Probate and Family Court assisting Justices and court mediators in family matters. Ms. Ocasio is currently an active member of the Boston Inn of Court, Boston Bar Association and Women’s Bar Association of Massachusetts. She received her J.D. from Suffolk University Law School and a B.A. from Boston College. Ms. Ocasio is also a graduate of the Boston Public Schools.

Pilar Sokol is deputy general counsel to the New York State School Boards in Latham, New York where she lectures for the Association and other organizations on legal issues affecting public education. She is a frequent contributor to NYSSBA’s OnBoard newspaper, and the chief legal editor of NYSSBA’s School Law publication; she also authors amicus curiae briefs filed by NYSSBA on behalf of its members. Ms. Sokol is a graduate of Albany Law School where she was a member of the Albany Law Review; prior to joining NYSSBA, she clerked for the New York State Supreme Court, Appellate Division Third Department. First joining NYSSBA in 1989, she returned following a two year absence to work with the law firm of Shaw, Perelson, May & Lambert LLP representing school districts in New York’s Hudson Valley area. Before attending law school, Ms. Sokol worked on Wall Street for over 12 years, primarily in the area of investor relations.

Deborah Rigsby is responsible for developing and promoting legislative strategies that represent the federal interests of local school boards. Her current assignments include advocacy for education funding, tax-exempt financing and school construction. She is a former president of the Committee for Education Funding—a nonpartisan coalition of nearly 100 organizations from the education community. Prior to joining NSBA, she was a senior legislative counsel at the National League of Cities, advocating federal legislative priorities for more than 17,000 cities and towns in the areas of homeland security and municipal finance. Deborah was also an aide to the City Council of Jackson, Mississippi, where she worked on issues including community development and affordable housing. A former journalism scholar of The Freedom Forum in Arlington, Virginia, Deborah has a Bachelor’s degree in Mass Communications from Jackson State University and a Master’s degree in Political Management from George Washington University.

Francisco M. Negrón, Jr. is Associate Executive Director and General Counsel of the National School Boards Association. Negrón is a national legal advocate for public schools, leading NSBA's nationally recognized Legal Advocacy Program, which files more amicus briefs in the United States Supreme Court and in federal & state appellate courts across the country each year than all education associations combined. Negrón also leads the 3,000-member Council of School Attorneys, the national network of lawyers representing K-12 public schools.

A proud product of our public schools, Negrón has served as the general counsel for the State Education Office of the District of Columbia, as a school board attorney in Pensacola, Florida, and as staff counsel to the Florida affiliate of the American Federation of Teachers. He received his Juris Doctorate from the Florida State University College of Law and also holds a bachelor’s degree in international studies from the University of West Florida. He is a member of the Bars of the United States Supreme Court, the District of Columbia, Florida, Virginia, and all federal circuit courts of appeals.

Negron regularly conducts workshops in matters related to school law across the nation and appears in national media outlets as a commentator and legal advocate for public education.

NSBA Council of School Attorneys' 2011 School Law Seminar

Held in Conjunction with NSBA's 71st Annual Conference & Exposition

School Law Seminar Registration – Pick up your badge, seminar materials and NSBA Conference materials if you are pre-registered for the School Law Seminar at the COSA registration desk at the Hilton San Francisco Union Square, 333 O’Farrell St., San Francisco. On-site registration for the School Law Seminar can also be accomplished at the Hilton. Registration hours are Thursday, April 7 from 12 noon - 7:00 p.m.; Friday, April 8 from 7:00 a.m. - 4:30 p.m.; and Saturday, April 9 from 7:30 a.m. - 12 noon.

Preliminary Program – All programming is hosted at the Hilton San Francisco Union Square.
New Session Added to the Program.

COSA’s Financial Hardship Policy

Thursday, April 7

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

Your hosts: Pilar Sokol , Deputy General Counsel, New York State School Boards Association, Latham, N.Y. and Lisa Soronen , Senior Staff Attorney, National School Boards Association.

(Note: Separate registration required. This meeting is open to NSBA State Association staff and State Association outside counsel only.)

10:00 a.m. – 2:00 p.m. ◊ In House Counsel Luncheon & Facilitated Discussion

Your hosts: Margaret-Ann F. Howie, Baltimore County Public Schools, Towson Md. and Sonja Trainor , Senior Staff Attorney, National School Boards Association

(Note: Participation is reserved for school district in house counsel and government attorney COSA members.)

2:30 p.m. – 4:15 p.m. ◊ Early Bird Concurrent Session: Labor Relations

Your host: Justin Petrarca, Chair, Council Labor Relations Committee, Scariano, Himes & Petrarca, Chicago, Ill.

Bargaining Over Money in Difficult Economic Times

Never has understanding compensation, bargaining total compensation, and compensating employees creatively been as important as it is now as school district budgets continue to shrink. Discuss with a panel of experienced labor negotiators data, talking points, and solutions that negotiators can use at the table to keep compensation within budget.
Moderator: Michael A. Loizzi, Hodges, Loizzi, Eisenhammer, Rodick & Kohn, Arlington Heights, Ill.

Panelists: Brian Hungerford, The Hungerford Law Firm, Oregon City, Ore., Barbara A. Ruga, Clark Hill, Grand Rapids, Mich., and Jeffrey T. Sultanik, Fox Rothschild, Blue Bell, Penn.

Handling Grievances

Grievances may be on the rise due to union’s frustrations over not being to achieve its goals at the bargaining table. This session will cover everything from what to do when you first receive notice of the grievance to arbitrating the grievance.
Namita S. Brown, Fagen, Friedman & Fulfrost, Oakland, Calif.

2:30 p.m. – 4:15 p.m. ◊ Early Bird Concurrent Session: Special Education

Your host: Allison Schafer , Council Secretary, North Carolina School Boards Association, Raleigh, N.C.

Settling Due Process Disputes: Navigating Between Scylla & Charybdis

Special education attorneys who attempt to sail between the sea monsters Scylla and Charybdis quickly learn that settling due process disputers is fraught with difficulty and takes an emotional toll on everyone. Parents and schools tend to be deeply entrenched by the time the hearing request is filed. Learn practical advice from a veteran special education attorney and litigator.
John A. Relias, Franczek Radelet P.C., Chicago, Ill.

When Students with Disabilities Are Aggressive: How to Maintain Safety and Meet Legal Obligations

Violent acts or threats occur daily in schools; students with disabilities may be involved. Learn about legal requirements for student discipline, program changes, staff safety and privacy as they concern the prevention and intervention steps allowed by law.
Susan E. Torgerson, Kennedy & Graven, Chtd., Minneapolis, Minn.

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

Welcome to San Francisco: Thomas E. Wheeler, II, Council Chair, Frost, Brown & Todd, Indianapolis, Ind.

Your host and moderator: Patrice McCarthy , Council Chair-elect, Deputy Director & General Counsel, Connecticut Association of Boards of Education, Wethersfield, Conn.*

The Changing Face of School Governance – “Turnaround Schools,” Mayoral Takeovers: Coming to a School District Near You?

Learn about trends in school governance, including “turnaround” schools and mayoral takeovers, from NSBA Director of Federal Legislation, Advocacy & Issues Management, Deborah Rigsby . A panel of veteran attorneys will then share their experience and provide guidance on the role of the school board attorney in these challenging situations.
Panelists: Stephen L. DeVita , Division Counsel, Loudoun County Public Schools, Ashburn, Va.; Alissa Ocasio , Legal Advisor, Boston Public Schools, Boston, Mass.; and Diane Pappas, Associate General Counsel, Los Angeles Unified School District, Los Angeles, Calif.

Free to Be Mean – Balancing the First Amendment and Hateful Student Behavior

Increasingly, protecting one student from victimization awakens other claimants who contend that the district has squelched their protected speech. Electronic media heightens the challenges. Look at an approach to addressing potentially harmful or hateful student conduct without offending First Amendment principles.
Todd A. Clark and Karla A. Schultz, Walsh, Anderson, Brown, Gallegos & Green, P.C., Austin, Texas

Thank you to the Connecticut Association of Boards of Education and the following Connecticut law firms who provided support for the reception to welcome Patrice McCarthy as the incoming COSA chair.
Silver Level Sponsors: Berchem, Moses & Devlin, P.C. and Shipman & Goodwin LLP
GEM Sponsors: Siegel, O’Connor, O’Donnell, & Beck, P.C. and Sullivan, Schoen, Campane & Connon, LLC

Friday...

Friday, April 8

7:30 a.m. – 8:30 a.m. ◊ Continental Breakfast

8:15 a.m. – 12 noon ◊ General Session

Your host: Patrice McCarthy

Presentation of Lifetime Achievement Award – Thomas E. Wheeler, II, COSA Chair presiding

OCR Enforcement of Bullying and Harassment Claims Against School Districts

Russlynn H. Ali, Assistant Secretary for Civil Rights is Secretary Duncan’s primary advisor on civil rights. She will address the Office for Civil Rights’ anti-bullying enforcement approach, including strategies and investigation procedures. Ms. Ali will discuss suggested anti-bullying policies and other preventative measures districts should take to protect themselves against claims and unfavorable findings by OCR. A brief Q&A session will follow her presentation.

What Healthcare Reform Means for School Entities

The 2010 Patient Protection & Affordability Act and Healthcare & Education Reconciliation Act will have significant implications on the compensation policies, plans, and collective bargaining agreements for public schools throughout the nation, even though the implementation of some provisions may not happen for years. Help your school district clients prepare for implementation requirements by learning about the long-term implications of these Acts.
Sarah K. Ivy and Jeffrey T. Sultanik, Fox Rothschild, LLP, Blue Bell, Penn.

Ethical “Lawyering” in the Digital Age

Computer technology, electronic communication, videoconferencing and social media have greatly transformed the legal profession in recent years. Examine how our ethics rules are being reshaped to keep pace with the digital age, without sacrificing the time-honored values they were designed to protect.
David B. Rubin, Past Council Chair, David B. Rubin, P.C., Metuchen, N.J.

12 noon – 1:30 p.m. ◊ Lunch on Your Own

1:30 p.m. – 4:30 p.m. ◊ Concurrent Session I – Labor & Employment

Your host: Laura Schulkind, Liebert Cassidy Whitmore, San Francisco, Calif.

Negotiating Education Reform: Context, Process and Results

This session will examine the context, process and results of teacher negotiations in several large, urban school districts where the parties purported to be negotiating “reform.” Can the choice of the negotiation process utilized in certain contexts drive reform outcomes?
James J. Zuehl and Sally J. Scott, Franczek Radelet, Chicago, Ill. and Floyd J. Dugas, Bercham, Moses & Devlin, Milford, Conn.

Teacher Tenure Reform in Colorado: Practical Lessons for Other States

Colorado recently adopted legislation vastly altering the teacher tenure landscape. Rather than bestowing and maintaining tenure based on years of service, it will only be granted to and maintained by teachers demonstrating student achievement based on objective data. Learn about this legislation and the challenges states considering like reform will inevitably face.
Martin Semple past Council chair and M. Brent Case, Semple, Farrington & Everall, P.C., Denver, Colo.

“Seniority Based Layoffs” on Life Support? Reforming Seniority Systems to Promote Student Achievement

“Reduction- in-Force” provisions in most educator contracts mandate seniority based layoffs. With the economic crisis requiring unprecedented layoffs, seniority based policies have encountered close scrutiny. During this collaborative program, learn about political and legal reform efforts at the federal, state, and local level including the experience of one Connecticut school district and Los Angeles Unified School District.
Anne H. Littlefield and Christopher Tracey, Shipman & Goodwin LLP, Hartford, Conn, Jill Cutler Hodgman, Chief Labor and Legal Services Officer, Hartford Public Schools, Hartford, Conn., and Mary L. Dowell, Liebert Cassidy Whitmore, Los Angeles, Calif.

1:30 p.m. – 4:00 p.m. ◊ Concurrent Session II - The “Business” of Public Schools

Your host: John W. Borkowski, Hogan Lovells US LLP, South Bend, Ind.

Raising Money for Public Education on a Local Level Through Non-Traditional Sources

This session will explore the legal implications faced by local boards of education in seeking funding from non-traditional and controversial sources such as corporate sponsorships and charitable donations from religious as well as secular entities. Understand recent trends and analyze potential liabilities and other legal implications of fundraising outside of the traditional realm.
Frederick L. Dorsey, Siegel, O’Connor, O’Donnell & Beck P.C. and Daniel P. Murphy , Connecticut State Department of Education, Hartford, Conn.

Cutting Edge School Facilities: Going Green, Innovation, and Litigation Trends

Explore better-designed school facilities that increase student performance. Investigate zero-carbon buildings surrounded by streams that treat and recycle wastewater and generate enough electricity to be self-sufficient. These school construction experts will also give examples from across the country and analyze legal challenges that have confronted school construction pioneers.

Randall O. Parent (San Francisco, Calif.), Christopher M. Fallon (Los Angeles, Calif.), and Eileen O’Hare Anderson (Fresno, Calif.), Liebert Cassidy Whitmore

4:30 p.m. - 6:00 p.m. ◊ School Law Seminar Reception

Thank you to our Gold Level Sponsors: Ferrara, Fiorenza, Larrison, Barrrett & Reitz, P.C. and Scariano, Himes & Petrarca, Chtd.

Saturday...

Saturday, April 9

7:30 a.m. – 8:30 a.m. ◊ Continental Breakfast

8:30 a.m. – 9:00 a.m. ◊ COSA Business Meeting and Elections

Thomas E. Wheeler, II, Council Chair, presiding

9:00 a.m. – 10:00 a.m.

Your host: Elizabeth Eynon-Kokrda, Council Vice-chair, Baird Holm, LLP, Omaha, Neb.

National School Law Docket – A View from the High Court

Join NSBA Associate Executive Director & General Counsel, Francisco M. Negrón , Jr., for a survey of the major cases on the national school law docket both in the Supreme Court and in other appellate courts throughout the country. Take a behind-the-scenes peek at the nation’s highest court and explore how the appointment of the high court’s newest associate justice is expected to change the court’s outlook. Don’t miss this informative and exciting look inside the world of school law ranging from the latest employment cases to constitutional issues!

10:15 a.m.-12 noon ◊ Concurrent Session I

Your host: Seamus Boyce, Church, Church, Hittle & Antrim, Noblesville, Ind.

Play Ball: Hiring and Supervising Athletic Coaches

The high profile nature of hiring and managing athletic coaches makes this a topic in education law. Review the federal statutes and regulations affecting the appropriate hiring of coaching staff, their responsibilities and standards of ethical conduct, and the potential liability school districts face when sound hiring practices are not used.
Dulcinea Grantham and Michael E. Smith, Lozano Smith, Walnut Creek, Calif.

Take Five: Liability For Peer Bullying & Hazing Under the Davis Five-Part Test

We know from media headlines and court decisions that bullying can fall under the umbrella of harassment. The case of Davis v. Monroe County Board of Education, and subsequent federal court decisions have helped to define a five-part test which is utilized for the standard of addressing bullying by peer harassment. This presentation will provide a holistic view of the standard for peer harassment liability as viewed through the eyes of the courts. The cases provided in this presentation explain what schools have experienced, how they have reacted and the results of those cases utilizing the five-part test.
David Day , Seamus Boyce and Andrew Manna, Church, Church, Hittle & Antrim Noblesville, Ind.

10:15 a.m.-12 noon ◊ Concurrent Session II

Your host: Elizabeth Eynon-Kokrda

Blowing the Whistle: A Time Out to Discuss the False Claims Act

Recent Supreme Court cases and subsequent legislation (Fraud Enforcement and Recovery Act of 2009) have given the False Claims Act the potential to cross into any school program with federal funding. Here’s what you’ll need to know to handle the risk, especially with the influx of American Reinvestment and Recovery Act funds pouring into school systems.
Joseph E. Hoffer, Rogers, Morris & Grover, LLP, San Antonio, Texas

When Parents/Guardians, School Groups and the General Public Come Knocking – Practical Tips for Addressing School Access Issues

Recent court decisions and new technologies have changed school access issues. Get “must have” information and practical tips for dealing with parent or guardian requests for access to classrooms and/or student records. Also learn how to handle public and school group requests for recognition, access to facilities, and requests to post advertisements on school hosted websites and social networking venues.
Tracey L. Schneider, Stafford Township Board of Education, Manahawkin, N.J. and Lisa Soronen, NSBA Senior Staff Attorney

12 noon ◊ Adjourn

The Council reserves the right to make adjustments to the School Law Seminar program.

*2011 School Law Seminar Committee: Chair Patrice McCarthy, Elizabeth Eynon-Kokrda, Allison Schafer, Elizabeth B. Valerio, John W. Borkowski, Seamus Boyce, Laura Schulkind, and Thomas W. Wheeler, II, ex officio

The Council will apply for 11 CLE credits including one hour of ethics in all states with mandatory CLE. Credit awarded varies from state to state.