School Law Practice Seminar

Thursday, October 14, 2010

Seminar Committee Chair*: Elizabeth B. Valerio, Deutsch, Williams, Brooks, DeRensis & Holland, P.C., Boston, Mass.

12 noon – 4:00 p.m.  ◊  NSBA State Association Member Legal Counsel: Luncheon Meeting

Your hosts: Pilar Sokol, Deputy General Counsel, New York State School Boards Association, Latham, N.Y. and Lisa Soronen, NSBA Senior Staff Attorney (Note: This meeting is open to NSBA State Association staff and State Association outside counsel only.)

2:00 p.m. - 4:15 p.m.  ◊  Early Bird Session #1: Labor Relations

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

“Bargaining with the Board and Beyond”

As any new negotiator quickly learns, negotiating with the client can be just as difficult as negotiation with the union. Discuss with a panel of experienced negotiators how to effectively negotiate with the client. Then discuss and “role play” in small groups based on your experience level.

2:00 - 3:00 p.m.  ◊  “How Do You Manage the Client?”

Panel: Richard J. Guercio, Guercio & Guercio, LLP, Farmingdale, N.Y, Jay Fernow, Fagen Friedman & Fulfrost, Los Angeles, Calif., and John Gierak, Clark Hill, PLC, Birmingham, Mich.

3:15 - 4:15: p.m.  ◊  “Problem Solving Breakout Groups”

Discussion Leaders: Elizabeth B. Valerio, Deutsch, Williams, Brooks, DeRensis & Holland, P.C., Boston, Mass. and S. Campbell Badger, Drummond Woodsum & MacMahon, Portland, Ore.

4:15 - 4:45 p.m.  ◊  Session Wrap Up

Justin Petrarca

2:00 p.m. - 4: 30 p.m.  ◊  Early Bird Session #2: Special Education

Your host: Denise Bainton, DeConcinni McDonald Yetwin & Lacy, PC, Tucson, Ariz.

2:00 – 3:00 p.m.  ◊  “Money Saving Tips for Special Education”

School districts across the country are facing a continuing budget crisis. In trying to deal with limited dollars, school districts should examine special education programs and practices to identify cost savings. Session will cover diverse areas such as referrals, evaluations, IEPs, and the over-inclusion of personnel at meetings thus requiring substitutes. Even one good tip for your school district can be worth the price of admission to this program.

Kathleen S. Mehfoud and Jason H. Ballum, Reed Smith, LLP, Richmond, Va.

3:15 - 4:15 p.m.  ◊  “Ensuring District Control of IEP Meetings: “No” is Not a Four Letter Word”

Ensuring district control of IEP meetings begins well before the meeting and does not end until well after the meeting is over. Here is a protocol to follow to prevent parents and advocates from taking over or sabotaging the meeting.

Georgiana O. Miranda, McKee, Giuliani & Cleveland, Montpelier, Vt.

5:00 p.m.-6:00 p.m.  ◊  Opening General Session

Welcome: Thomas E. Wheeler, II, Council chair, Frost Brown Todd, Indianapolis, Ind.
Your host: Elizabeth B. Valerio, Deutsch, Williams, Brooks, DeRensis & Holland, P.C., Boston, Mass., Seminar chair

“Greetings and Introductions”

Timothy C. Duffy, Executive Director, Rhode Island Association of School Committees

Greetings

Deborah A. Gist, Commissioner, Rhode Island Department of Elementary and Secondary Education

Keynote Address: "Lincoln: Lawyer and Mediator -- A Study in Political Courage"

Hon. Frank J. Williams, Chief Justice (Ret.), Rhode Island Supreme Court

Frank J. Williams was appointed Chief Justice of the Rhode Island Supreme Court in 2001 after serving for 5 years as Associate Justice of the Superior Court. He served as Chief until retiring in 2008, when he took “senior” status as a jurist without administrative duties. Williams received his J.D. from Boston University School of Law. In his long career of public service, Williams served as a solicitor and arbitrator for a number of Rhode Island towns and communities. Chief Justice Williams is also one of the nation’s leading scholars on the life and times of Abraham Lincoln. His latest book, Lincoln Lessons: Reflections on America’s Greatest Leaders, with William D. Pederson, was published in 2009. We look forward to welcoming the Chief Justice to the 2010 School Law Practice Seminar.

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

Friday...

Friday, October 15, 2010

9:00 a.m. – 12 noon  ◊  General Session

Your host: Elizabeth Valerio

9:00 – 9: 50 a.m.  ◊  “NSBA Legal Advocacy & Supreme Court Update”

Two of the biggest 2009-2010 Supreme Court decisions that impact schools were non school district cases: City of Ontario, Calif. v. Quon and Christian Legal Society v. Martinez. Join Francisco M. Negrón, Jr., NSBA Associate Executive Director & General Counsel for an informative presentation about these decisions, and other cases on the 2010-2011 national school law docket.

10:00 – 10:50 a.m.  ◊  “Central Falls: Reform’s Testing Ground”

Central Falls has become the testing ground for what many consider the “nuclear option” in school reform – firing the staff and starting over. Join us to explore the legal ramifications.

Stephen M. Robinson & Vicki J. Bejma, Robinson & Clapham, Providence, R.I.

11:00 – 11:50 a.m.  ◊  “Why Schools Need to Focus on Copyright Violations: Pitfalls & Opportunities”

Since the passage of the TEACH Act, questions continue to be raised about the limits of “fair use” in the school setting, the instructional use of copyrighted materials, and the copyright issues raised by the use of You Tube, Moodle, and other course bundles, Webcasts, and Internet teaching tools. We will examine the risks in allowing educators to violate copyright laws in the classroom and at other school functions. We’ll also discuss how schools can protect and even market trademarked items such as mascots and logos.

Leslie Robert Stellman, Hodes, Pessin & Katz, P.A., Towson, Md.

12 noon - 1:15 p.m.  ◊  Lunch on Your Own

12 noon – 1:30 p.m.  ◊  In house Counsel Luncheon Networking Meeting – (Note: Participation is reserved for school district in house counsel members.)

Your hosts: JoAnne Nelson Shepard, District General Counsel, Jackson Public School District, Jackson, Miss. and Sonja Trainor, NSBA Senior Staff Attorney

1:30 - 3:45 p.m.  ◊  Concurrent Session #1: School Law Boot Camp

Your host: Dean Pickett, 2009-2010 COSA chair, Mangum Wall Stoops & Warden, PLLC, Flagstaff, Ariz.

1:30-1:50 p.m.  ◊  “23 Things a School Attorney Really Needs to Know”

Dean Pickett

2:00 - 2:50 p.m.  ◊  “A School Law Primer on Student Discipline”

School districts have the right to adopt reasonable rules and regulations to control student conduct; they are necessary to ensure order and safety and to set the parameters of appropriate behavior. The rights of school officials to adopt and enforce reasonable rules of student conduct are however, not unlimited as students enjoy certain constitutional, statutory, and regulatory protections from arbitrary and unreasonable discipline. Due to time constraints, this “boot camp” session will not cover discipline of special education students.

Julie C. Fay, Anne H. Littlefield, and Leander Altifois Dolphin, Shipman & Goodwin, LLP, Hartford, Conn.

2:55 - 3:45 p.m.  ◊  “A School Law Primer on Teacher Discipline”

Teacher discipline is usually governed by state law, board policies, administrative regulations, and collective bargaining agreements. Tenure can create other expectations of continued employment. This “boot camp” session will review the primary forms of teacher discipline such as dismissal, non-renewal, suspension, reprimand/warning, or fine.

Darcy L. Kriha and Jackie F. Wernz, Franczek Radelet, P.C., Chicago, Ill.

1:30 - 3:45 p.m.  ◊  Concurrent Session #2: General School Law

Your host: Rod Malone, Tharrington Smith, Raleigh, N.C.

1:30 – 2:30 p.m.  ◊  “Detective, Prosecutor and Jury: The Role(s) of In House Counsel in an Internal Investigation”

Internal investigation of discrimination or harassment claims, financial or academic misconduct, or employee alleged wrongdoing, etc. can be a lengthy and time consuming issue for the school district in house counsel. Knowing when/whether to hire a third party investigator, employ other experts, involve Child Protective Services, or the local police can be complex. Learn about this vital topic from a seasoned in house counsel and your colleagues.

W. Douglas Thorne, Director of Employee and Student Relations, Elkhart Community Schools, Elkhart, Ind.

2:45 - 3:45 p.m.  ◊  “Virtual Character Assassination – Protecting Students and Teachers from Cyber-bullying and Defamation”

When texting, social networks, electronic forms and video websites are used to target individuals, school staff needs to know the legal as well as the practical means to stop and/or punish the perpetrators and secure the cooperation of Internet providers and web administrators. Session with cite U.S. laws as well as reference practice in Ontario.

Grant Bowers and Giselle Basanta, Toronto District School Board, Toronto, Ontario, Canada

1:30 - 3:45 p.m.  ◊  Concurrent Session #3: Labor Relations

1:30 - 2:30 p.m.  ◊  “Alternatives to Seniority-Based Layoffs: Trends and Strategies”

Explore how school boards nationwide are moving away from the sole use of seniority in conducting teacher layoffs. Participants will learn strategies for implementing this new approach and for handling collective bargaining and employment law issues that may arise from the use of non-seniority based layoff factors.

Frederick L. Dorsey, Siegel, O’Connor, O’Donnell & Beck, P.C and Daniel P. Murphy, Connecticut Department of Education, Hartford, Conn.

2:45 - 3:45 p.m.  ◊  “Collective Bargaining in Uncertain Times”

The uncertainty surrounding when national, state and local economies will improve presents a challenge for school board budgets. This session will provide pragmatic advice for negotiating collective bargaining agreements and concessions in uncertain times. Current salary trends, changes in health insurance plans and other cost-saving measures will be reviewed.

Richard A. Mills and Rebecca R. Santiago, Shipman & Goodwin, LLP, Hartford, Conn.

4:00-5:00 p.m.  ◊  Reception

Saturday...

Saturday, Oct. 16, 2010

8:30 a.m.-12 noon  ◊  General Session

Your host: Patrice McCarthy, COSA chair-elect, Connecticut Association of Boards of Education, Hartford, Conn.

8:30 - 9:20 a.m. “Review of Recent Federal and National Issues Affecting the Practice”

Are you wondering what legal issues might be coming to a school district near you? COSA attorneys will discuss trends and recent case law and regulatory developments affecting the practice of school law. Learn what COSA resources will help you stay up-to-date and advise your clients on new and developing school law trends.

Lisa Soronen and Sonja Trainor, Senior Staff Attorneys, National School Boards Association

9:30-10:45 a.m.  ◊  “Public Comment at School Board Meetings – The First Amendment in Practice”

Enjoy an interactive and fun session consisting of a summary of First Amendment case law on the right of citizens to express their concerns to local school boards in pubic sessions. A skit will provide an opportunity for “citizens” to address a “mock school board.” Attendees will help the moderator determine whether the speech at issue may be prohibited or controlled or must be allowed, consistent with First Amendment principles.

Session Leader: Allison Schafer, COSA secretary, and Legal Counsel/Director of Policy, North Carolina School Boards Association, Raleigh, N.C.

11:00 a.m. – 12 noon  ◊  “When This Marriage Can’t Be Saved: Ethical Issues in Severing the Relationship Between Board and Superintendent”

When the school board decides to part ways with the superintendent, the board attorney is often caught in the middle. Whether pursuing a dismissal for cause or negotiating a separation agreement, a myriad of ethical issues arise when the typically collaborative, professional relationship between the superintendent and the board’s attorney becomes adverse. This session will provide legal guidance on adhering to the rules of ethical conduct in this situation, as well as practical advice on how to maintain civility and respect throughout the separation process, whether through dismissal or negotiated agreement.

Dana Fattore Crumley & Shelli L. Anderson, Franczek Radelet, PC, Chicago, Ill.

12 noon  ◊  Adjourn