Program

Thursday, October 11, 2012

11:00 a.m. – 3:00 p.m.  ◊  State Association Counsel Luncheon Meeting

Your host: Phillip Hartley, Harben, Hartley & Hawkins, Gainesville, GA

(Reserved for NSBA State Association inside and outside counsel only.)

11:00 a.m. – 2:00 p.m.  ◊  In House Counsel Luncheon Meeting

Your host: JoAnne Nelson Shepherd, Jackson Public School District, Jackson, MS

(Reserved for COSA member in house counsel and COSA member government attorneys.)

Concurrent Early Birds

2:00 p.m. – 4:20 p.m.  ◊  Early Bird Session: #1 School Law Boot Camp

Your host: Dean Pickett, Past COSA Chair, Tri-District Legal Counsel, Tempe-area School Districts, Tempe, AZ

2:00 p.m. – 2:30 p.m.  ◊  24 Things a School Attorney Really Needs to Know

There are some fundamental principles of successful school law practice that are usually learned only through experience and mentoring. This interactive session offers guidance to help new school attorneys as they get started and to reinforce some basics for experienced practitioners.

Dean Pickett

2:30 p.m. – 3:20 p.m.  ◊  Legal Pointers on School Safety: A School Law Primer

The continuing interest in school safety is fueled not only by a number of tragic events around the country, but also by the more common, but less extreme violence, physical and verbal, that occurs far too frequently. Review what schools can do to reduce the risks of violence and make schools a safer and more welcoming place for our children to learn. This session, led by NSBA Senior Staff Attorney Sonja Trainor, National School Boards Association, Alexandria, VA, will focus on threat assessment, law enforcement in schools, communication links, and liability concerns.

3:30 p.m. – 4:20 p.m.  ◊  Legal Pointers on Student Discipline: A School Law Primer

School districts have the right to adopt reasonable rules and regulations to control student conduct, however, the rights of school officials in this regard are not unlimited. Students enjoy certain constitutional, statutory, and regulatory protections from arbitrary and unreasonable discipline. Review the basics about the scope of a school’s authority within the context of students’ rights from NSBA Senior Staff Attorney Leza Conliffe, National School Boards Association, Alexandria, VA

2:00 p.m. – 3:50 p.m.  ◊  Early Bird Session: #2 Special Education

Your host: Diane Marshall-Freeman, Fagen, Friedman & Fulfrost, LLP, Clovis, CA

2:00 p.m. – 2:50 p.m.  ◊  Legally Efficient Special Education Meetings: Holding One’s Tongue to Accomplish Insightful Results

Sometimes school staff spend more time in meetings than in the actual delivery of services to students with disabilities. Learn how to advise your district on the legal methods of getting meetings scheduled, conducted, and concluded while controlling the length and number of meetings and participants using “HOT AIR” principles.

Kathleen S. Mehfoud & Jason H. Ballum, Reed Smith, LLP, Richmond, VA

3:00 p.m. – 3:50 p.m.  ◊  Due Process Pre-hearing Prep for the Successful Special Education Practitioner

IDEA’s requirements of complaint specificity, resolution meeting, and resolution period provide school districts with better notice and opportunity to resolve the due process complaint before a due process hearing may occur. From initial pleadings through the resolution meeting and resolution period, this session will offer practical tips to help special education attorneys put forward a positive and successful case.

Elena M. Gallegos & Evelyn Howard-Hand, Walsh, Anderson, Gallegos, Green & Treviño, P.C., Albuquerque, NM

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

Your host: Justin Petrarca, COSA Secretary, Scariano Himes & Petrarca, Chicago, IL
Greetings: Joe Guillen, Executive Director, New Mexico School Boards Association

Can Schools Be Both Safe and Free? New National Guidelines on Harassment, Bullying and Freedom of Expression

Marc Stern, Associate General Counsel for the American Jewish Committee and Laura Schauer Ives, Legal Director, ACLU New Mexico, will be joined by Margaret A. Chidester, Past COSA Chair, Irvine, CA, to discuss "Harassment, Bullying and Freedom of Expression: Guidelines for Free and Safe Public Schools," a new consensus document endorsed by 17 national educational and religious organizations, including NSBA. Stern was the primary drafter of the document, produced by The First Amendment Center's Religious Freedom Education Project, headed by Charles Haynes. This session will focus on applying the guidelines and developing strategies for handling controversies. NSBA Senior Staff Attorney Sonja Trainor will moderate.

6:00 p.m. – 7:30 p.m.  ◊  Reception at the Patina Gallery, 131 West Palace Avenue.

Thank you to our sponsor, the Cuddy Law Firm. Please note: space is limited.

7:30 p.m. – 9:30 p.m.  ◊  “Dine Around Santa Fe”

Friday...

Friday, October 12, 2012

8:45 a.m. – 12 noon  ◊  General Session

Your host: Justin Petrarca
Greetings: Elena M. Gallegos, Walsh, Anderson, Gallegos, Green & Treviño, P.C.

9:10 a.m. – 10:00 a.m.  ◊  Don’t Filter Me: Examining the Children’s Internet Protection Act and the New Era of First Amendment Claims

From the attorneys who defended the district in PFLAG v. Camdenton School District, this presentation will examine CIPA and the new wave of challenges from students and website publishers who claim that the filtering of certain websites by school district Internet filters violates their First Amendment rights.

Thomas A. Mickes and Betsey A. Helfrich, Mickes Goldman O’Toole, LLC, St. Louis, MO

10:10 a.m. – 11:00 a.m.  ◊  Section 504 and the New Era of Non-discrimination

Just when school districts thought they knew the standards, Congress swept the case law aside, and OCR issued new guidance regarding compliance with Section 504 of the Rehabilitation Act. Review the latest law and troubleshoot sample policies and forms to withstand agency scrutiny and lead educators in compliant practices.

Kathleen Sullivan and Elizabeth (Beth) Friel, Colorado Association of School Boards, Denver, CO

11:10 a.m. – 12:00 a.m.  ◊  An Update from the Courts: A Snapshot of the NSBA Legal Advocacy Agenda & Selected Federal Cases

NSBA General Counsel Francisco M. Negrón, Jr. guides you through NSBA’s Legal Advocacy Agenda and discusses major decisions and upcoming cases that reflect key policy concerns in public education. Topics to be addressed include diversity, healthcare, immigration, student rights, vouchers and more.

Francisco M. Negrón, Jr., Associate Executive Director & General Counsel, National School Boards Association, Alexandria, VA

12 noon - 1:15 p.m.  ◊  Buffet Lunch Provided by COSA

1:30 p.m. – 3:45 p.m.  ◊  Afternoon Concurrent Sessions

Concurrent #1

Your host: Leslie R. Stellman, Pessin Katz Law, P.A., Towson, MD

1:30 p.m. – 2:30 p.m.  ◊  Flores & You

The Supreme Court remanded to the lower courts the question of whether Arizona still needed to be under an EEOA consent decree since it adopted structured English immersion as an instructional approach for English language learners (EEL). Academic research, however, raises serious questions about the effectiveness of this approach. Explore with the author of NSBA’s amicus brief in the Supreme Court, the district court proceedings in Flores and learn how the resolution of that case may impact the instruction of ELL students nationwide.

John W. Borkowski, Hogan Lovells US LLP, South Bend, IN

2:45 p.m. – 3:45 p.m.  ◊  Public School Districts and Undocumented Students: A Legal Perspective

One of the most controversial topics reaching the level of a national debate during this election year is the immigration of undocumented adults and children into the U.S. Another emerging issue is the school district’s relationship with federal and sometimes state law enforcement agencies. School administrators must be aware of the various legal issues associated with undocumented immigrant children but avoid conduct that could be interpreted as discouraging these children from enrolling in public school districts. This presentation will discuss these emerging issues and how the school attorney can provide needed guidance.

John F. Kennedy and Andrew M. Sanchez, Cuddy & McCarthy, LLP, Santa Fe & Albuquerque, NM

Concurrent #2

Your host: JoAnne Nelson Shepherd, Jackson Public School District, Jackson, MS

1:30 p.m. – 2:30 p.m.  ◊  Job Descriptions that Withstand Scrutiny Under Legal Fire

This interactive presentation will help take the guesswork out of creating or reviewing a legally sound job description for your school district client’s employees. Sample job descriptions that have and have not survived legal challenges, a checklist for drafting or reviewing job descriptions, and sample legal memoranda for many federal laws will be provided.

Wesley Eby Johnson, Phil Marzec and Juan J. Cruz, Escamilla, Poneck & Cruz, LLP, San Antonio, Texas

2:45 p.m. – 3:45 p.m.  ◊  Harnessing the Invisible – An Update on Intentional Discrimination Under the Federal Employment Laws

2011 and 2012 have provided many changes for employers with regard to effectively managing employees and avoiding claims of discrimination. This session will cover hot topics and new developments in discrimination laws including Title VII, ADEA, Cat’s Paw Doctrine, ADA, etc.

Victoria M. Phipps and M. Kaye DeWalt, Littler Mendelson, P.C., Houston, Texas

Concurrent #3

Your host: Lisa Brown, Thompson & Horton, Houston, TX

1:30 p.m. – 2:30 p.m.  ◊  Brave New World – A Primer on Intellectual Property and Confidentiality Issues in the Modern Age

This session will identify how to respond to allegations of infringement of intellectual property rights in this digital age (from school mascots and logos to testing protocols and publication excerpts), as well as how to balance confidentiality rights of parents, employees, and applicants versus school districts’ right to critical information.

Cory Kirby, Brian Smith and Harold Eddy, Harben, Hartley & Hawkins, Gainesville, GA

2:45 p.m. – 3:45 p.m.  ◊  Technology in the Classroom: How To Advise Districts Regarding Staff and Student Use

With Facebook and Edmodo advancing the social media tool in the classroom, districts are grappling with issues regarding student access, education process and technology policies. As districts shed their technology phobia and embrace social media, the internet, and online groups as part of their education paradigm, they are seeking your guidance on the legal rules at play. This session addresses responsible use and digital literacy, the impact of technology on the length of the teacher workday, and student technology access as it relates to common core standards and data driven teacher evaluation reform. The session will also discuss cyberbulling updates, search and seizure issues and collective bargaining obligations that are triggered by technology in the classroom.

Namita Brown, Fagen Friedman & Fulfrost LLP, Oakland, CA

4:00 p.m. – 5:00 p.m.  ◊  Reception

Thank you to our sponsor: Walsh, Anderson, Gallegos, Green & Treviño, P.C.

Saturday...

Saturday, Oct. 13, 2012

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

Your host: Justin Petrarca
Greetings: John F. Kennedy, Cuddy & McCarthy, LLP

8:40 a.m. - 9:30 a.m.  ◊  Should I Stay or Should I Go? Helping Boards Navigate the Issue of Board Member Recusal

When should a board member recuse him or herself from board deliberation or action? This session will cover the legal and practical issues involved when one or more board members should, or must, decline from participating with the rest of the board. Topics to be covered include providing client guidance on how to avoid real, or the appearance of, bias or conflict, how to have the difficult conversation about recusal, and how to recognize when a voluntary recusal may be advisable.

Chris Elizalde and Dorcas Green, Walsh, Anderson, Gallegos, Green & Treviño, P.C., Austin, TX

9:40 a.m. - 10:30 a.m.  ◊  Keys to the Kingdom? Defining the Limits of Board Member Access to District Records

This discussion will address responding to board member demands for access to the board’s documents and staff. A review of pertinent legal authority will include the interplay between confidentiality, open government, and board authorizing laws. Practical solutions will be offered, including sample policies, litigation experience and board mechanisms for responding to the board member.

James Petrungaro, Scariano Himes & Petrarca, Chicago, IL

10:40 a.m. – 12:10 p.m.  ◊  Reel Ethics: Legal Ethics for School Lawyers

Film clips from movies about lawyers will be used to illustrate, discuss, and debate ethical dilemmas that school lawyers commonly face.

Lisa Brown & Janet Horton, Thompson & Horton, Houston, TX

12:10 p.m.  ◊  Adjourn

Thursday...