Thursday, October 15, 2009

1:30-4:30 p.m.  ◊  Early Bird Session: Labor Relations  ◊  Spanish Room

Your hosts: Justin Petrarca, Scariano Himes & Petrarca, Chicago, Ill. and the COSA Labor Relations Committee

1:30-2:20 p.m.  ◊  Effectively Bargaining Innovative Compensation

New trends in teacher compensation may offer an alternative to the traditional salary schedule. Perhaps innovative changes that tinker with rather than overhaul the salary schedule can be used? The faculty will also focus on effectively “selling” changes to the salary schedule—both big and small—at the bargaining table.

Martin Semple, Semple Miller Mooney & Farrington, Denver, Co. and Frederick L. Dorsey, Siegel, O’Connor, O’Donnell & Beck, Hartford, Conn. (invited)

2:30-3:20 p.m.  ◊  Mystery and Art of the Collective Bargaining Process

Moderator: Justin Petrarca
Panel: Gregory J. Guercio, Guercio & Guercio, Farmingdale, N.Y., John E. Britton, Britton, Smith, Peters & Kalail Co. LPA, Cleveland, Ohio, and Elizabeth B. Valerio, Deutsch, Williams, Brooks, et al., Boston, Mass.

3:30-4:20 p.m.  ◊  Writing Clear Contract Language: A Practical Approach

How do you know what contract language means? How do you know the language you drafted will be applied as you intended and not have unintended consequences? This session, ideal for both negotiators and non-negotiators who advise districts about contract language, will cover the do’s and don’ts of writing clear contract language.

Lisa Freiley, Director of Legal, Labor & Employment Services, Oregon School Boards Association, Salem, Ore. and Ron Wilson, Executive Director, North American Association of Educational Negotiators, Salem, Ore.

1:30-4:30 p.m.  ◊  Concurrent Early Bird Session  ◊  Congress Room

A “Mini” School Law Boot Camp

These two courses were originally developed by NSBA staff attorneys for A School Law Primer, a 12 part “basics” series for attorneys new to the practice of school law, or for attorneys to use for school board member in service training.

Your host: John W. Borkowski, Hogan & Hartson, Washington, D.C.

1:30-2:45 p.m.  ◊  School Board Authority

Public education is a state function. However, with a few states as exceptions, local school boards control it. The authority of school boards is derived from state, constitutional, statutory, and /or administrative provisions. This session will provide a refresher course on the scope of authority and potential liability of school boards.

Elizabeth Kaleva, Kaleva Law Offices, Missoula, Mont.

3:00-4:15 p.m.  ◊  Employee Rights

Public employees have rights conferred by state and federal constitutions, state and federal laws and regulations, and contracts. This session focuses on the rights to which public employees are entitled under the federal Constitution and selected federal laws. Employees’ due process rights and discipline will be covered in a future session.

Morgan A. Godfrey and Shamus P. O’Meara, Johnson & Condon, P.A., Minneapolis, Minn.

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

Welcome: Dean Pickett, Council chair, Mangum, Wall, Stoops & Warden, P.L.L.C., Flagstaff, Ariz. and Elizabeth Eynon-Kokrda, Council secretary and chair, 2009 School Law Practice Seminar Committee*, Baird Holm L.L.P., Omaha, Neb.

Greetings: Martharose Laffey, Executive Director, Washington State School Directors’ Association, Olympia, Wash.

A Review of the Supreme Court‘s School Law Docket

Join Mr. Negrón for a snapshot review of this year's Supreme Court school law docket. Student strip searches, discrimination claims under competing statutes and reimbursement for unilateral placements under the IDEA are a few of the high court decisions to be explored in this dynamic session.

Francisco M. Negrón, Jr., NSBA Associate Executive Director and General Counsel, Alexandria, Va.

Keynote Address

Be among the first to hear about the legal aspects of the Obama Administration’s education plan directly from the new U.S. Dept. of Education General Counsel ,Charlie Rose. A former COSA member and school law practitioner, Mr. Rose will present a session that is sure to offer valuable insight for the school law practitioner about the new administration's education agenda.

Charles P. Rose, General Counsel, U.S. Dept. of Education, Washington, D.C.

7:00-9:00 p.m.  ◊  “Dine Around Seattle”

Friday...

Friday, October 16, 2009

8:30 a.m. - 12 noon  ◊  General Session  ◊  Spanish Room

Your host: Elizabeth Eynon-Kokrda

Greetings: Ron English, Seattle Public Schools, President, Washington State Council of School Attorneys

8:30-9:30 a.m.  ◊  The Legal Implications of Boundary Invasions and Sexual Grooming Misconduct in the Schools

Sexual misconduct by school employees can be nearly eliminated with strong board policies and intelligent staff training. Numerous issues will be addressed including but not limited to the scope of the sexual misconduct problem in schools, boundary invasions and sexual grooming, public records act disclosures, as well as what to do when a new report of sexual misconduct by an employee arises.

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

9:45-10:45 a.m.  ◊  Liability for Student E-mails, Internet Use, and ‘Sexting’

Karen Haase, Harding & Schultz, P.C., L.L.O., Lincoln, Neb.

11:00-a.m. - 12 Noon  ◊  Search and Seizure in the New Millennium

The Supreme Court’s decision in Safford Unified School District v. Redding will provide updated guidance on the scope of student searches. This session will review Safford and apply its lessons to student searches, as well as the legal standards for using canines and for searching electronic communication devices.

Lisa Swem, Thrun Law Firm, P.C., East Lansing, Mich.

12 noon-1:15 p.m.  ◊  In house Counsel Luncheon Meeting

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

1:30-4:30 p.m.  ◊  Afternoon General Session

1:30-2:20 p.m.  ◊  Workplace Privacy Issues – How Far Can an Employer Go?

Use of the Internet by employees, e-mail abuse, productivity, employer liability and their implications for workplace privacy are just some of the issues that this session will cover. Also discussed will be federal statutory limitations under the Wiretap Act, Stored Communications Act, and Computer Fraud & Abuse Act. Common law claims against the employer, applicant screening and background checks, pre-employment medical testing, reference checks, etc. will also be investigated.

Thomas E. Wheeler, Council chair-elect, Frost Brown Todd LLC, Indianapolis, Ind.

2:30-3:20 p.m.  ◊  Making a Federal Case Out of Who Picks Up the Child at School: Parents’ Constitutional Rights to Participate in a Child’s Education

Custody issues between divorced parents are generally a matter of state law. Parents also have an interest in the education of their children which rises to the level of a constitutionally protected interest. Who gets to participate in decisions affecting a child’s education or who gets to visit the school or participate in the school activities are issues that school administrators are sometimes asked to resolve. This session will cover the federal constitutional and federal statutory issues as well as the claims and defenses that arise in such controversies.

Drew Bracken and Miriam Van Heukelem, Ahlers & Cooney, P.C., Des Moines, Iowa

3:30-4:20 p.m.  ◊  Shall We Pray? An Update on Prayer and Moments of Silence in Public Schools

Almost 10 years after the Supreme Court outlawed student prayer at football games in Doe v. Santa Fe, this session will explore practical responses to the continuing cases litigating prayer at school events, challenges of school-sponsored moments of silence and struggles to balance the rights of student expression against legitimate Establishment Clause concerns.

Shellie Hoffman Crow, Walsh, Anderson, Brown, Aldridge, & Gallegos, Austin, Tex.

1:30-5:00 p.m.  ◊  Afternoon Concurrent Session

1:30- 2:20 p.m.  ◊  From Eligibility to Hearing: The Ins and Outs of Section 504

From eligibility determinations to mandatory procedural safeguards, this session will explore the various legal requirements and practical aspects of Section 504 of the Rehabilitation Act of 1973. New eligibility criteria under the ADA Amendments Act of 2008 will be examined and practical tools and tips including a step-by-step procedure will be provided.

Dana Fattore Crumley and Amy K. Dickerson, Franczek Radelet, Chicago, Ill.

2:30-3:20 p.m.  ◊  Financing School Construction & Renovation – The American Recovery and Reinvestment Tax Act of 2009

The ARRA creates several new financial tools to assist school districts in financing new construction and renovation of facilities. In addition to the renewal and enhancement of the Qualified School Construction Bond program for renovation of existing facilities, the Act also creates new Qualified School Construction Bonds as well as Build America Bonds.

Timothy A. Stratton, Ice Miller, LLP, Chicago, Ill.

3:30-4:45 p.m.  ◊  Building a Better Construction Contract, School Specific Amendments to the 2007 AIA Contract

In a continuation of their groundbreaking efforts, a committee of experienced school attorneys, acting through the Texas Council of School Attorneys, has completed school-specific sample amendments to the 2007 version of the most common AIA construction contracts. The committee will discuss their most important changes to the 2007 contracts.

Paul Taylor, Thomas E. Myers, Lynn Rossi Scott, Wayne D. Haglund, Robert E. Luna and Lee M Simpson, Texas Council of School Attorneys

5:00-6:00 p.m.  ◊  Reception

Thank you to our reception sponsors, Patterson Buchanan Fobes Leitch & Kalzer, Inc., P.S.

Saturday...

Saturday, Oct. 17, 2009

8:30 a.m.-12 noon  ◊  General Session  ◊  Spanish Room

Your host: Marilee Scarbrough, Director of Legal Services, Washington State School Directors’ Association, Olympia, Wash.

8:30-9:30 a.m.  ◊  Ethical Issues Surrounding the Settlement Process

A consideration of ethical issues that can arise during settlement, including questions of authority, confidentiality in negotiations, broken settlements, settlements involving multiple defendants, and settlements with pro se plaintiffs.

Lisa A. Brown, Thompson & Horton LLP, Houston, Tex.

9:45-10:45 a.m.  ◊  School District Contracting: Best Practices for School Attorneys, Superintendents and Boards of Education

This session explains how NOT to contract and procure goods and services. It will show how to use the procurement process effectively for starting and finishing the negotiating process with a contract that states clearly what is expected of both parties and provides some protection to the school district in the case of disputes or failures. Tools will be provided that can be immediately implemented in the attendee’s school district.

Jack Lance, Rockdale Co. School District, Conyers, Ga.

11:00 a.m. - 12 noon  ◊  How to Handle Problems Implementing School Hardware and Software Contracts

Illustrative “war stories” based on actual experience will be used to show how to deal with real world problems that arise when government technology contracts are implemented. Practical solutions – short of litigation – to recurring issues will be discussed.

J. T. (Tom) Tokarz, Henrico County Public Schools, Henrico, Va.

12 noon  ◊  Adjourn

 

12:30-4:30 p.m.  ◊  State Association Counsel Luncheon Meeting

Your host: Elizabeth Ewing, General Counsel, Virginia School Boards Association, Charlottesville, Va.

*2009 Seminar Committee: Chair, Elizabeth Eynon-Kokrda, Shellie Hoffman Crow, Gregory Guercio, Jack Lance, Patrice McCarthy, Lisa Swem, and Maurice Watson