Events

COSA School Law Seminar Program

2019 School Law Seminar
Philadelphia 201 Hotel
201 N 17thSt.
March 28 – March 30, 2019

 

Thursday, March 28

Time and Location

Session

Topic and Presenter

9:00 a.m. – 1:30 p.m.
 

Work-Alike Luncheon Meetings(Separate Registration Required)

Host: Tiffany Richardson, South Carolina School Boards Association, Columbia, SC

State Association Counsel

9:00 a.m. – 1:30 p.m.
 

Work-Alike Luncheon Meetings (Separate Registration Required)

Host: Grant Herndon, Schools Legal Service, Bakersfield, CA

In House Counsel

9:00 a.m. – 1:30 p.m.
 

Work-Alike Luncheon Meetings (Separate Registration Required)

Host: Andrew Manna, Church, Church, Hittle & Antrim, Noblesville, IN

New To the Practice

2:00 p.m. – 3:00 p.m.
 

Early Bird Workshop 1
Students and Special Ed

Host: Jim Walsh, Walsh, Gallegos, Trevino, Russo & Kyle, Austin, TX

 

Discipline of Students with Disabilities and Those Who May be Eligible: Guiding School Districts Through Recent Standards
Walking school district clients through the procedural requirements for discipline of students who are served under the IDEA/Section, or may be eligible, can be daunting. A special education law veteran simplifies, clarifies, and updates you on the law, while providing practical tips on advising schools on this complex topic.  We’ll discuss multiple short-term suspensions, manifestation determinations, providing services, and more.

Presenter: Jim Thomeczek, Thomeczek & Brink, St. Louis, MO

3:00 p.m. – 4:00 p.m.
 

Early Bird Workshop 1: Students and Special Ed

Host: Randy Bennett, Tennessee School Boards Association, Nashville, TN

OCR Investigations: A View from Inside the Agency and the Nation-wide ExperienceLearn how OCR’s focus, investigative approach, findings, and corrective action determinations are taking place in different regions.  We will identify trends, similarities, differences, and outcomes from different areas of the country. 

Moderator:  Phil Hartley, Harben, Hartley and Hawkins, Gainesville, GA

Panelists: Leslie Gomez, Cozen O'Connor, Philadelphia, PA; Kenyatta Braggs, Walsh Gallegos Treviño Russo & Kyle, Austin, TX; Aleks Rushing, Husch Blackwell, St. Louis, MO; Lenore Silverman, Fagen Friedman & Fulfrost, Oakland, CA

2:00 p.m. – 3:00 p.m.
 

Early Bird Workshop 2: Labor & Employment

Host: Marc Terry,  Mirick O’Connell, Worcester, MA

Janus And Its Aftermath:  How The Court “Fair Share” Decision Affects Labor Relations In Public Schools
With the Supreme Court having found “fair share” requirements unconstitutional, school districts have seen a shift in union strategies and have faced new questions from clients.  In addition, the judiciary is now addressing the constitutionality of “exclusive representation.”  Bring your experiences to the conversation as we explore, among other things, changes in public sector union membership, advocacy, issue emphasis, as well as legislative and judicial developments. 

Presenter:  Mike Julka, Boardman & Clark, Madison, WI

3:00 p.m. – 4:00 p.m.
 

Early Bird Workshop 2: Labor & Employment

Host: Lisa Freiley, Willamette Education Service District, Salem, OR

The Education Spring:  Teacher Strikes and Walkouts 

The New York Times credited “pent-up rage over years of pay freezes and budget cuts” as fueling several widespread teacher walkouts in targeted states this spring. School attorneys who advised from the center of the storm discuss the background to such concerted actions and the options for resolution.  In addition, they will provide check-lists and wisdom you can use if and when the storm hits your state.

Presenter: Julie Miller, Oklahoma State School Boards Association; Chris Thomas, Arizona School Boards Asociation 

4:00 p.m. – 4:45 p.m.

Refreshments and Networking

 

4:45 p.m. – 6:15 p.m.

Opening General Session

Host: Phil Hartley, Harben, Hartley & Hawkins, Gainesville, GA

Greetings: Nathan G. Mains, Executive Director, Pennsylvania School Boards Association, Mechanicsburg, PA

School Law in the New Roberts Court
With the confirmation of long-time swing vote Anthony Kennedy’s replacement Brett Kavanaugh, the Supreme Court is poised to swing predictably conservative in the coming years. This session will feature insights and predictions about the new Roberts Court and its likely impact on school law.

Presenter:  Jeffrey Rosen, President and CEO, National Constitution Center

6:30 p.m.
 

Dine Around Philadelphia

 

Friday, March 29

Time

Session

Topic and Presenter

7:30 a.m. – 9:00 a.m.
 

Continental Breakfast

 

8:30 a.m. - 9:30 a.m.
 

General Session

Host: Stuart Knade, Pennsylvania School Boards Association, Mechanicsburg, PA

Culture Wars in the Public Schools: What Have the Courts Said?
The public school is often Ground Zero in our nation’s culture wars. Going back at least as far as Brown v. Board of Education, courts have grappled with our most controversial issues, as they show themselves in the every-day of a school building.This session will highlight key rulings and the analysis that supports them, and will prepare school attorneys to talk about difficult political and social issues, through a legal lens, with their clients.

Presenter: Jim Walsh, Gallegos Treviño Russo & Kyle, Austin, TX 

9:45 a.m. - 10:45 a.m.
 

General Session

Host: Jim Keith, Adams & Reese Law Firm, Ridgeland, MS

The State of Federal Law on Student Records Privacy: Where We Are and Where We’re Going
Michael Hawes, who heads the Department of Education’s Privacy Technical Assistance Center, discusses recent initiatives and guidance from the Department. COSA FERPA guru Tom Myers provides the practical application.
Presenter: Michael Hawes, Director of Student Privacy Policy, U.S. Department of Education; Tom Myers, Brackett & Ellis, Fort Worth, TX

11:00 a.m. – 11:20  a.m

COSA Awards Presentation 

Host: Jim Hanks, Ahlers & Cooney, Des Moines, IA

 

11:30 a.m. – 12:30 p.m.

General Session

Host: Justin Petrarca, Scarino, Himes & Petrarca, Chicago, IL

The Public Inquiry Process:  A New and Innovative Way to Address Difficult Conflicts
In 2017, the Illinois State Board of Education conducted the country’s first ever Public Inquiry into allegations of systemic violations of special education laws.  The process included community input, public access to all evidence, and a public hearing. Because it may serve as a model for other states, this presentation will describe the process and offer practical guidance for attorneys responding to a public inquiry.

Presenters: Nancy Krent, past COSA Chair and current adjunct professor, Loyola Law School, Chicago Kent College of Law, and Nicki Bazer, Franczek P.C. and Chicago, IL

12:30 p.m. – 1:30 p.m.

Lunch Discussion Forum (Separate Registration Required)

Host: Mike Smith, Lozano Smith, Fresno, CA

Q&A on Tech and Data Privacy

Bring your questions and your wisdom!

Presenter: Michael Hawes, Director of Student Privacy Policy, U.S. Department of Education

2:00 p.m. – 3:00 p.m.
 

Concurrent Session 1: School Safety

Host: Andy Sanchez, Cuddy McCarthy, Albuquerque, NM

Arming School Staff: Policy and Liability Issues
This session provides attendees with an objective look at policy and liability issues surrounding arming school staff.  The presenters will discuss current laws, legislative proposals, federal grant guidance, best practices, potential liability issues, and specific policy approaches regarding staff training.

Presenters:  Joy Baskin, Texas Association of School Boards, Austin, TX; Hope Blackburn, Scarinci Hollenbeck, Lyndhurst, NJ

3:00 – 4:00 p.m.
 

Concurrent Session 1:
School Safety

Host: Steve Bounds, Maryland Association of Boards of Education, Annapolis, MD

 

SROs and Working with Law Enforcement
With school safety front-of-mind for many districts, school resources officers have become a preferred conduit between schools and law enforcement. Learn a variety of ways SRO arrangements can be structured to suit the needs of individual districts, and get up-to-date on the latest recommendations issued by the federal government. We will address liability concerns, training, and SRO involvement in behavior plans.

Presenter: Margaret-Ann Howie, Baltimore County Public Schools, Towson, MD; Mac Hardy, Director of Operations, National Association of School Resource Officers

4:00 p.m. – 5:00 p.m.
 

Concurrent Session 1:
School Safety

Host: Erin Gilsbach, Steckel and Stopp, Slatington, PA

 

Advising Schools in Suicide Prevention, Response, and Liability Concerns
Informed by recent data on youth suicide rates, we’ll examine issues of key importance to school attorneys as they counsel school leaders ahead of, during, and after such tragedies. We’ll tackle the legal issues: confidentiality under federal and state law, prevention and response protocols for both suicidal and homicidal threats, policy, and Section 1983/tort liability. We’ll also discuss some of the human issues, like the impact of school violence and bullying, and how a school district addresses these issues while a community grieves the loss of a child. 

Presenters:  Haley Percell, Oregon School Boards Association, Salem, OR; Michelle Markle, and Student Services Director, Parkrose School District, Portland, OR

2:00 p.m. – 3:00 p.m.
 

Concurrent Session 2: Discrimination and Employee Discipline

Host: Chris Borreca, Thompson & Horton, Houston, TX

Special Education Law Update: Zirkel's Top 10
In one hour, get up-to-date on significant developments in the law on educating students with disabilities.  We’ll cover the evolution of “FAPE” since Endrew F., medical marijuana and other treatments, exhaustion cases since Frye and more.

Presenter:  Perry Zirkel, Lehigh University, Bethlehem, PA

3:00 p.m. – 4:00 p.m.
 

Concurrent Session 2: Discrimination and Employee Discipline

Host: Michele Eaddy, Thrun Law Firm, East Lansing, MI

 

What’s New with Title IX, and How Does It Matter to School Attorneys?

Schools must be especially prepared to respond to allegations of sexual or gender-based harassment effectively, and lawfully, in light of the #MeTooK12 movement, concerns about due process, and OCR’s evolving enforcement philosophy, not to mention DOE’s new proposed Title IX regulations and the agency’s apparent willingness to consider funding cuts. In this session, two experienced school attorneys will discuss the current legal trends and provide practical tips for school attorneys on best serving K-12 clients, and their Title IX coordinators.

Presenters:  Sarah Orman, Texas Association of School Boards, Karla Schultz, Walsh Gallegos Treviño Russo & Kyle, Austin, TX

4:00 p.m. – 5:00 p.m.
 

Concurrent Session 2: Discrimination and Employee Discipline

Host: Melissa Barber, Caplan & Earnest, Boulder, CO

 

Teacher Discipline in an Era of Teacher Shortage: Restorative Practices
Teacher and educator shortages require the lawyer to be more creative in providing advice to school administrators when dealing with employee discipline and inadequate classroom performance. In this session, explore alternatives to traditional discipline of education employees that will help administrators “professionally grow” educators through formal or informal discipline. Come away with practical alternatives to more traditional discipline measures.
 

Presenters:Jeff Stratman,Alhambra Elementary School District,Phoenix, AZ; Susan Plimpton Segal Partner, Gust Rosenfeld P.L.C. Phoenix, AZ

5:00 p.m. – 6:30 p.m.
 

School Law Seminar Reception

Host: Diane Marshall-Freeman, Fagen, Friedman & Fulfrost, Sacramento, CA

 

Saturday, March 30

Time

Session

Topic and Presenter

7:30 a.m. – 9:00 a.m.
 

Continental Breakfast

 

7:30 a.m. – 8:15 a.m.

Breakfast Discussion

Host: Phil Hartley, Harben, Hartley & Hawkins, Gainesville, GA

Changes to ED and DOJ and What They Mean for School Lawyers

Presenters:  John Borkowski, Husch Blackwell, Chicago, IL; Tom Wheeler, Frost Brown Todd, Indianapolis, IN (former Deputy Attorney General for Civil Rights, U.S. Dept. of Justice)

8:30 a.m. - 9:30 a.m.
 

General Session

Host: Diane Marshall-Freeman, Fagen, Friedman & Fulfrost, Sacramento, CA

 

NSBA Legal Advocacy Update
In this popular session, NSBA Chief Legal Officer Francisco Negrón updates you on significant Supreme Court cases affecting public schools, and NSBA’s amicus and other legal advocacy work nationwide.

Presenter:  Francisco Negrón, Chief Legal Officer and General Counsel, NSBA

9:45 a.m. - 10:45 a.m.
 

General Session

Host: Diane Marshall-Freeman, Fagen, Friedman & Fulfrost, Sacramento, CA

 

EdTech Legal Update: What School Attorneys Need to Know
EdTech trends are constantly changing, and they always pose a wide variety of legal issues, from COPPA/CIPA compliance concerns to intellectual property issues to student issues regarding safety, bullying, harassment, suicide prevention, and more.   In this session, Erin Gilsbach will cover such topics as:  1:1 and BYOD initiatives; Mobile Gaming Trends Such as Fortnite and the WHO’s New “Gaming Addiction” Diagnosis; Telehealth and Teletherapy Services; Popular School Contracts with Web-Monitoring Programs; Google/GAFE/GSuite Litigation Update; Crowdfunding; and more!

Presenter: Erin Gilsbach, Steckel & Stopp, Slatington, PA

11:00 a.m. – 11:20 a.m.

COSA Annual Business Meeting and Elections

Presiding: Diane Marshall-Freeman, Fagen, Friedman & Fulfrost, Sacramento, CA

Presenting: Pilar Sokol, New York State School Boards Association, Latham, NY

 

11:30 a.m. – 12:30 p.m.
 

General Session

Host: Pilar Sokol, New York State School Boards Association, Latham, NY

 

Legal Ethics for School Attorneys: Board Member Criminal Misconduct
Popular COSA Presenter Lynn Rossi Scott will tackle challenging scenarios – all true! – involving school attorney ethical questions arising in the face of school board member criminal misconduct.  Don’t miss this Legal Ethics hour!

Presenter:  Lynn Rossi Scott, Brackett & Ellis, Fort Worth, TX

1:30 p.m. – 3:00 p.m.

COSA Guided Tour

Separate Registration Required

National Constitution Center, Independence Hall, Liberty Bell

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