Events

School Law Practice Seminar Agenda

Thursday, October 19

Time and Location

Session

Topic and Presenter

9:00 a.m. – 1:30 p.m.
Location:  Belmont

Work-Alike Luncheon Meetings

State Association Counsel

9:00 a.m. – 1:30 p.m.
Location:  Armitage

Work-Alike Luncheon Meetings

In House Counsel

9:00 a.m. – 1:30 p.m.
Location:  Sheffield

Work-Alike Luncheon Meetings

Law Firm Management

2:00 p.m. – 3:00 p.m.
Location:  Avenue Ballroom

Early Bird Workshop 1
Foundations in School Law

Title IX Overview and Recent Interpretations
Former COSA Chair Andy Sanchez provides an overview of Title IX of the Education Amendments Act of 1972 and the body of case law interpreting it.  You’ll learn how the simple prohibition of discrimination “on the basis of sex” is now interpreted in multiple and complex legal concepts: student-on-student sexual harassment, the three-prong text in athletics, and LBGTQ rights to name a few. Come away with a Title IX analysis flow chart and updates on the latest cases. This session will be useful to new practitioners, or as a refresher for those who don’t practice frequently in this area.
Speaker:  Andy Sanchez, Cuddy & McCarthy, Albuquerque, NM

3:00 p.m. – 4:00 p.m.
Location:  Avenue Ballroom

Early Bird Workshop 1
Foundations in School Law

10 Things Every School Attorney Should Know About Federal Funding of Education
The federal contribution to local K-12 education is roughly 8%, a small but significant source of dollars.  Through direct funding programs like Title I, IDEA, Head Start, Title IV and indirect aid in the form of E-rate discounts and qualified bond programs, the federal government wields significant influence over public schools.  An in house school district attorney will present ten things you must know to have a basic grounding in federal funding streams, including how these streams may be affected by political winds in Washington.
Speaker: Amber Elias, Denver Public Schools 

2:00 p.m – 3:00 p.m.
Location:  Marriott Ballroom

Early Bird Workshop 2
Labor and Collective Bargaining

Employee Speech and Protected Concerted Activity in Today’s Public Schools
Over the past several years, the National Labor Relations Board has arguably expanded the scope of protected, concerted activities and repeatedly held that seemingly unrelated employer policies interfere with employees’ rights to engage in such activities.  Where are our public labor relations agencies on these issues?  Are they following the NLRB’s lead and, if so, what does it mean for public school districts?  This program will begin with a review of employees’ First Amendment rights.  It will then move to an in-depth discussion of protected, concerted activities including an examination of current trends.  The presenter will also offer some practical tips to help your public school clients manage employee communications.
Marc L. Terry, Mirick, O'Connell, DeMallie & Lougee, Westborough, MA

3:00 p.m. – 4:00 p.m.
Location:  Marriott Ballroom

Early Bird Workshop 2
Labor and Collective Bargaining

Past Practice:  The Long and Windy Road
What constitutes a past practice? How is past practice used by both labor and management? Is it possible to eliminate past practices? If so, how?  A labor law veteran leads this discussion on effective use of this important labor law principle.
Speaker: Lisa Freiley, Southern Oregon Education Service District, Medford, OR

4:00 p.m. – 4:30 p.m.
Location:  Halsted Foyer

Refreshments and Networking

 

4:30 p.m. – 6:00 p.m.
Location:  Marriott Ballroom

Opening General Session

Federal Civil Rights Enforcement in Public Schools: Priorities of the Administration
Senior officials with the Administration share priorities for civil rights enforcement in public schools.  Join your colleagues for this unique opportunity to hear from decision-makers at the Departments of Education and Justice.  Bring your questions!
Moderator:  Jay Worona, New York State School Boards Association, Latham NY 
Speakers: Candice Jackson, Acting Assistant Secretary for Civil Rights, U.S. Department of Education; Tom Wheeler, Former Acting Assistant Attorney General, Civil Rights Division, U.S. Department of Justice

7:00 p.m.
Location:  Off-site

Dine Around Chicago
Sign up here for this seminar tradition; limited slots will be available onsite.

 

Friday, October 20

Time

Session

Topic and Presenter

7:30 a.m. – 9:00 a.m.
Location:  Halsted Foyer

Continental Breakfast

 

7:30 a.m. – 8:15 a.m.
Location:  Marriott Ballroom

Breakfast session
(not eligible for CLE credit)

Supporting Schools in Disaster Recovery
In the wake of the devastation wrought by hurricanes Harvey and Irma this season, public schools must reopen and serve students.  In this session, COSA members experienced with natural disaster planning and recovery efforts will lead a discussion about advising school boards through these significant challenges.  Come away with NSBA/COSA resources on emergency planning and response.
Discussion leaders:  Joy Baskin, Texas Association of School Boards, Austin, Texas and other panelists

8:30 a.m. - 9:30 a.m.
Location:  Marriott Ballroom

General Session

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.
Speaker:  Francisco Negrón, Chief Legal Officer and General Counsel, NSBA

9:45 a.m. - 10:45 a.m.
Location:  Marriott Ballroom

General Session

Immigration Law for School Attorneys
An immigration specialist provides a framework for school attorneys of key issues and legal standards in the area of immigration and enforcement in schools.  This session is designed as a pre-requisite to the one following it, in which current specific enforcement efforts will be analyzed.
Speaker:  Tejas Shah, Franczek Radelet, Chicago, IL 

11:00 a.m. - 12:15 p.m.
Location:  Marriott Ballroom

General Session

Federal Immigration Enforcement:  Sanctuary Districts, Safe Zones, Records, Plyler and DACA
The panelists will examine schools' legal obligations and responsibilities toward students impacted by recent immigration enforcement actions, and consider how schools can provide a safe, secure learning environment for students from all backgrounds. The panel will explore “sanctuary” policies, and offer insights on advising school board clients in this politically-charged area.  They will also provide an overview of the current status of DACA, and strategies for schools enrolling DACA recipients. Speakers: Karlie Dunsky, Tejas Shah, and Darcy Kriha, Franczek Radelet, Chicago, IL

12:30 p.m. – 1:30 p.m.
Location:  3rd Floor, DuPage, Cook, Kane and McHenry Rooms

Lunch Discussion Forum

Separate registration required for boxed lunch; a limited number will be available onsite.

Participate in roundtable discussions on topics of interest to you.  Planned topics are subject to change with current events.

  1. New to the Practice of School Law
  2. Data Privacy
  3. Special Education
  4. Schools Choice - Charters, Vouchers, etc

 

2:00 p.m. – 2:50 p.m.
Location:  Marriott Ballroom

Concurrent Session 1
Students

Special Education Goes to the Supreme Court: Analysis and Impact of Endrew F. and Fry​
The Supreme Court decided two special education cases last term:  Endrew F., expanding the Rowley “FAPE” standard; and Fry, interpreting IDEA’s exhaustion requirement.    Two COSA attorneys frequently on the front lines of special education law in schools will explore how the rulings, as well as policy shifts in Washington, have affected our advice to schools in their daily special education obligations.
Speaker: Stephanie Jones, Illinois State Board of Education and Jennifer Deutch, Hodges, Loizzi, Eisenhammer, Rodick & Kohn LLP, Arlington Heights, IL

3:00 p.m. – 3:50 p.m.
Location:  Marriott Ballroom

Concurrent Session 1
Students

Transgender Law and Litigation Update
Join two COSA attorneys on the front lines of litigation regarding transgender student rights for an update on the rapidly evolving law in this area.
Speaker: Lenore Silverman, Fagen Friedman & Fulfrost, Sacramento, CA and Jennifer Smith, Franczek Radelet, Chicago, IL (proposal 26)

4:00 p.m. – 4:50 p.m.
Location:  Marriott Ballroom

Concurrent Session 1
Students

From Black Armbands to Red Ball Caps:  Navigating Student Speech in Politically Charged Times
Since Tinker, school attorneys have navigated the Supreme Court’s admonition that students do not “shed their constitutional right to freedom of speech at the schoolhouse gate,” while still helping districts preserve order and efficiency in schools. This session will provide practical guidance on balancing these interests in today’s politically-charged climate.  Come away with a flow-chart that will help you identify and address student free speech issues.
Speakrs: Katherine Nash and Michelle Basi Tueth Keeney Cooper Moham & Jackstadt, St. Louis, MO

2:00 p.m. – 2:50 p.m.
Location:  Avenue Ballroom

Concurrent Session 2
Employees and Operations

Investigating Inappropriate Relationships
Two veteran school lawyers share their lessons from the trenches in investigating actual claims of inappropriate relationships.  They give practical advice on the nuts and bolts of investigating such claims, addressing questions like: Will the lawyer participate or guide from a distance? Where does an investigation begin -- alleged victim? perpetrator? witnesses? What about preserving evidence, especially from computers and cell phones? What is the role of law enforcement? Do alleged perpetrators have a right to confidentiality or due process? And what do we do with suspected employees pending an investigation? 
Speakers:  Jim Keith and John Hooks, Adams and Reece, Jackson, MS

3:00 p.m. – 3:50 p.m.
Location:  Avenue Ballroom

Concurrent Session 2
Employees and Operations

Accommodating Employees with Mental Health Challenges – the Federal Framework and Practical Considerations
In this session, we will explore the delicate balancing act required of employers to monitor employee mental health concerns and to offer appropriate accommodations and leave, while being careful not to discriminate. The presenters will review the applicable law, and explore practical considerations in this frequently-arising topic.
Speakers:  Andrew Manna and Amy Matthews, Church Church Hittle & Antrim, Noblesville, IN

4:00 p.m. – 4:50 p.m.
Location:  Avenue Ballroom

Concurrent Session 2
Employees and Operations

Advising Schools on Digital Platforms:  Privacy, Liability, and School District Bargaining Power
Since 2013, 36 states have passed 73 student data privacy bills into law; and nearly 200 have been introduced in state legislatures in the past year.  As this patchwork of state law grows, and federal law remain relatively static, schools are implementing digital platforms for learning and records management.  In this session, we’ll discuss a framework for advising school districts in their efforts to digitize and individualize learning opportunities, and to make data collection and management efficient and safe. Is it time to move toward a uniform privacy amendment applicable across states to ensure consistent interactions with vendors regarding data privacy and security? 
Speakers: Mark Williams (Oakland) and Cynthia Smith (Sacramento) Fagen Friedman & Fulfrost, California

5:00 p.m. – 6:30 p.m.
Location:  To Be Announced

School Law Practice Seminar Reception

 

Saturday, October 21

Time

Session

Topic and Presenter

7:30 a.m. – 9:00 a.m.
Location:  Halsted Foyer

Continental Breakfast

 

8:30 a.m. - 9:45 a.m.
Location:  Marriott Ballroom

General Session

Student Privacy v. Parent Rights – Must We Keep Secrets from the Parents?  May We Keep Secrets from the Parents?
Do students have a right to privacy in public schools? If so, how should school employees respond when students ask not to share information with parents? Recent controversies over transgender students provide a prominent example of this dilemma. This session, presented by a dynamic father-daughter team, will explore a legal framework for analyzing student privacy in a variety of contexts.
Speakers:  Sarah Orman, Texas School Boards Association, Austin, TX; Jim Walsh, Walsh Gallegos Treviño Russo & Kyle PC, Austin, TX

10:00 a.m. - 11:00 a.m.
Location:  Marriott Ballroom

General Session

Student Privacy, Technology, and the FERPA Framework
A COSA veteran leads a conversation with Kathleen Styles, Chief Privacy Officer at the U.S. Department of Education.  Bring your questions about the Department’s approach to tricky questions (e.g. video) arising under FERPA and PPRA, and learn about new resources from the Family Policy Compliance Office and the Privacy Technical Assistance Center.
Moderator:  Mary Kay Klimesh, Seyfarth Shaw, Chicago, IL
Speaker: Kathleen Styles, Chief Privacy Officer, U.S. Department of Education

11:15 a.m. – 12:15 p.m.
Location:  Marriott Ballroom

General Session

Legal Ethics:  Advising a Politically Charged or “Split” Board
In the seminar grand finale, explore dilemmas faced by school attorneys representing boards in turmoil in politically charged times.   Our esteemed presenters will boil down complex and difficult situations faced by school attorneys into simple ethical considerations.  Learn strategies for keeping a calm head in a political storm.
Speaker:  David Rubin, David B. Rubin, Attorney at Law, Metuchen, NJ; Randall Bennett, Tennessee School Boards Association, Nashville, TN

Afternoon
Location: Off-site

Optional off-site activity:
Architectural boat tour
Separate registration required

Cost for the Architectural Boat Tour is $46; Spaces are limited. Contact Elizabeth Foskey (efoskey@nsba.org) for Information and Updates

 

Go to top