Services

Recorded Webinars

 

NSBA’s Council of School Attorneys offers online legal education for attorneys who represent public school boards. Topics include timely updates on recent changes to federal law, as well as “bread-and-butter” topics school attorneys address in their everyday practice. Proud to celebrate 50 years of legal advocacy for public schools in 2017, COSA is offering all recorded webinars for $50. Upon purchase, you will receive an email with a link to the recorded webinar good for 30 days. Webinar recordings are the for the purchaser's use only and are not to be shared. CLE credit varies by state. Please contact Caryn N. Pierce to determine if CLE is available in your state for the recorded webinar you are interested in.

Special Education for the Non-Special-Education Attorney Part One: The IDEA/504 Framework and How It Arises in Multiple Contexts*

Learn to spot special education issues that arise in your day-to-day advice to clients.  This session will begin with a review of the IDEA, Section 504 and the ADA as well as the US Supreme Court's recent decision in Endrew F. It will then examine the caselaw that is developing after Endrew F. as lower courts begin to interpret and apply the new legal standard governing what schools must provide to students in order to meet their obligations to provide a free, appropriate public education.  Finally, the session will highlight common issues related to special education including least restrictive environment, bullying and harassment, child find, and the participation of disabled students in extracurriculars and activities.  Discipline will be discussed in Part 2 of this two-part webinar series on April 19, 2018.

*This session is designed for the non-special education attorney and those new to the practice of school law.

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Public Records Requests:  Practical Tips on Advising School Boards

In the age of technology and transparency, public records requests can be tricky. School attorneys must advise their clients in a legal environment that is quickly evolving.  Learn the legal framework and invaluable practice tips from a veteran school attorney who has been advising in this area for decades.  A valuable session on a recurring topic for school attorneys new and seasoned!

PresenterLes Stellman, Pessin Katz Law, Towson, MD

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The Intersection of Family and School Law:  Decision-Making for Students When the Parent Role is Not Clear

As school begins, you are likely fielding questions about permissions, consent, transportation, release and other administrative necessities that require parent involvement and sign-off. But who is the “parent” is not always clear. Take a close look at practical considerations and legal realities of decision-making for students in tricky situations: Does Grandpa have any rights to the child? Can Mom’s significant other attend the P/T conference? Can Dad eat lunch with the child on his non-possession days? Who gets to make the educational decisions for the child? Who is a "parent" under IDEA and FERPA?  How do you advise administrators when the parents don’t agree to any of this? How do you advise administrators when they are subpoenaed to a family law hearing?  Even if you have been advising schools for years, the speaker’s perspective and expertise provide a fresh look at a recurring topic.

Presenter:Kathy Mehfoud and LaRana Owens, Reed Smith, Richmond, VA

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Section 504 "FAPE" Regulations in Courts and in Practice

8_11cosa.pngThe regulations implementing Section 504 of the Rehabilitation Act were originally promulgated in the 1970's.  Since then, as attorneys representing K-12 public schools, we have attempted to interpret, apply and advise school leaders on the "Free Appropriate Public Education" standard these regulations lay out. How did this "FAPE" standard arise? And how do we interpret it along alongside the one laid out in the Individuals with Disabilities Education Act and its regulations?  Does "Section 504 FAPE" exist, or is this 40+-year-old standard lie outside the scope of the statute?  Join a COSA member who has written, spoken, and advised school boards on this complex topics for decades to discuss courts' interpretations of the 504 statute.

Host: Sonja Trainor, Director, NSBA Council of School Attorneys, Alexandria, VA 
Presenter: Ron Wenkart, General Counsel, Orange County Department of Education, Costa Mesa, CA

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The Supreme Court's October 2016 Term: Key Decisions Affecting Public Schools
Join the NSBA General Counsel and legal team for a run-down of key decisions affecting public schools from the High Court's October 2016 term. We'll also look ahead to cases granted cert., and cases of interest to schools arising in the circuits.


Host: Sonja Trainor, Director, NSBA Council of School Attorneys, Alexandria, VA
Presenters: Francisco Negrón, NSBA General Counsel; Naomi Gittins, NSBA Deputy General Counsel

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Cameras in the Classroom: Special Ed, Live Feeds, Wearable Devices, and New Laws
Recorded 6/22/17
Cameras and audio recording devices are finding their way into public school classrooms in a variety of ways. Parents of students with disabilities request audio/video/GPS feeds from their children due to safety concerns. Police and security officers in schools wear body cameras to record incidents. Texas recently enacted state laws requiring cameras in special education settings at parent request, and encouraging police body cameras. Are other states following suit? Has there been any guidance or clarity in the law on video recording taken by schools? And how should schools address requests by parents for live recording devices worn by their children in the classroom? Two school attorneys well-versed in this area will update you on the latest laws, trends, and practical advice.
Host: Sonja Trainor, Program Director, NSBA Council of School Attorneys, Alexandria, VA
Presenters: Sarah Orman, Texas Association of School Boards, Austin, TX; Sara Clark, Ohio School Boards Association, Columbus, OH

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Legal Ethics for School Attorneys
Recorded 5/24/17
This lively and thought-provoking look at legal ethics through the eyes of a school attorney will inform, educate and entertain you, and provide an hour of ethics credit in many jurisdictions. Join a popular COSA presenter for an hour of professional responsibility through a school law lens.
Host: Sonja Trainor, Program Director, NSBA Council of School Attorneys, Alexandria, VA
Presenter: Ali Tomberlin, Tomberlin Beechler, Winston-Salem, NC

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Regulating Employee Speech Under Garcetti and Progeny: Political Speech, Academic Freedom, and Religious Expression
Recorded 5/17/17 * Please note we encountered some technical difficulties in the first five minutes of this recording.
After the wave of National Anthem opt-outs by professional, college and high school athletes, school attorneys are asking – how far does Garcetti go? In this encore performance of a session recently given at the School Law Seminar, a veteran school attorney provides the latest updates on this pillar case on the regulation of public employee speech.
Host: Tammy Carter, Senior Staff Attorney, National School Boards Association, Alexandria, VA
Presenter: Michael Smith, Lozano Smith, Fresno, CA

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Hot Topics in School Technology
Recorded 5/03/17
Get up-to-date on the cutting edge legal topics in school technology with COSA member Erin Gilsbach, a frequent presenter and authority on these issues. Ms. Gilsbach will provide an in-depth (and sometimes humorous) look at the education technology legal issues of today, offer best-practice and policy/procedural tips for legal-defensibility, and give a preview of the education technology trends on the horizon. She will address ransomware, employee cell phones, COPPA, third party service-providers of email and other applications, livestreaming, and much more.
Host: Sonja Trainor, Program Director, NSBA Council of School Attorneys, Alexandria, VA
Presenter: Erin Gilsbach, King Spry Herman Freud & Faul, Bethlehem, PA

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What's a School to Do? Undocumented Students, Sanctuary Districts, and ICE Activities
Recorded 4/26/17
Join NSBA Chief Legal Officer Francisco Negron and COSA member Jollee Patterson for an informative and timely webinar exploring the legal landscape surrounding undocumented students and current immigration enforcement processes. These dynamic presenters will discuss the latest developments in the new administration's position on immigration and how that may translate to undocumented students attending public schools, review the interplay between Plyler and various federal laws and agency guidance, and explore potential avenues for school districts as they seek to limit legal liability while complying with constitutional requirements in this challenging and fluid area of law.
Host: Leza Conliffe, Senior Staff Attorney, National School Boards Association, Alexandria, VA
Presenters: Francisco Negrón , Chief Legal Officer, National School Boards Association, Alexandria, VA; Jollee Patterson, Senior Counsel, Miller Nash Graham & Dunn, Portland, OR

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The "Right" to a Service Animal in School: Students, Employees, and Guests
Recorded 2/23/17
Since the Department of Justice published final regulations under Title II of the ADA requiring public schools to “modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability,” courts have begun to address the many questions those regulations created. What about the “reasonable accommodation/fundamental alteration” analysis normally required under Title II? Is exhaustion of administrative remedies under the IDEA required if FAPE is not at issue? The speaker will review the current state of the law on these questions and more, including the likely ruling of the Supreme Court on the latter question this term.
Host: Naomi Gittins, Deputy General Counsel, National School Boards Association, Alexandria, VA
Presenters: Kathy Mehfoud and Patrick Andriano, Reed Smith, Richmond, VA

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Student Harassment and Violence: Advising Schools on Handling Complaints, Restraining Orders, and Separation
Recorded 1/25/17
When a student is accused of harassing or victimizing another student or staff, schools are often at the center of the resulting investigation, as well as any discipline or criminal penalties that result. Many federal and state legal concepts are implicated in these complex fact scenarios: Title IX investigation requirements, privacy of education records, public records laws, due process, potential tort claims, anti-bullying laws, to name a few. The practical concerns are sometimes equally important, including how and when to discuss the investigation and its results with parents, how and when to separate students, and how to direct and train staff to deal with these situations. A school attorney well-versed in these tricky situations offers a review of applicable law, and practical advice.
Host: Tammy Carter, Senior Staff Attorney, National School Boards Association, Alexandria, VA
Presenters: Maryam Brotine, Assistant General Counsel, Illinois Association of School Boards

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An Anti-Christ to Yoga Update on Religion and K-12 Public Schools
Recorded 12/7/16
Recent student religion-based litigation provides updated guidance for school attorneys in applying constitutional guarantees to current technology and trends. In this session, we provide practical tips for advising school districts proactively to prevent costly First Amendment litigation and insight into lessons learned from litigating and resolving student religious rights lawsuits.
Host: Sonja Trainor, Director, NSBA Council of School Attorneys
Presenters: Craig Wood and Katie Payne, Walsh Gallegos Treviño, Russo & Kyle, Austin, TX

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A School Attorney’s Guide to ADA Accommodations for Employees
Recorded 11/16/16
Join us for an encore performance from two experienced presenters from the October School Law Practice Seminar. You notice that your physical education teacher has started using a cane. Should you offer him a reserved parking space close to the gym? Should you send flowers and a card to an employee who is on medical leave and tell her to get well soon? Should an aide who claims PTSD from a student assault be permitted to bring her therapy dog to work? How do you balance the need for consistent instruction with your only Chinese teacher’s request for intermittent leave for chemotherapy? Treat yourself to a fun session navigating real public school fact-patterns with two veteran attorneys. Come away with clear insights for advising your school clients on how to remain on solid ground when addressing employee disability issues.
Host: Tammy Carter, Senior Staff Attorney, National School Boards Association, Alexandria, VA
Presenters: Linda Yoder and Anne Littlefield, Shipman & Goodwin, Hartford, CT

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Navigating the Brackish Waters of Section 504/ADA/IDEA
Recorded 11/03/16
Public schools serve students with disabilities under the umbrella of several overlapping laws, each with its own complex regulations and body of case law. As a school attorney, you need to be able to flag potential procedural and service-related issues for your school clients doing their best to serve students with disabilities within the thicket of applicable law. Join us for an overview of the many arenas in which Section 504, Title II of the ADA, and IDEA overlap: evaluations, “FAPE”, communication, parent rights, exhaustion of remedies, and more. This session is a broad overview appropriate for attorneys new to school law, or those who practice outside of the special education arena.
Host: Naomi Gittins, Deputy General Counsel, National School Boards Association, Alexandria, VA
Presenter: Christine Scheef, North Carolina School Boards Association, Raleigh, NC

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Website Accessibility for School Districts: OCR Enforcement Activity and Best Practices
Recorded 9/22/16
The Department of Education’s Office for Civil Rights has received hundreds of complaints alleging schools’ failure to make web sites accessible to individuals with disabilities. Resolution agreements with OCR require extensive policy implementation and review, training, website audits, development and implementation of a corrective action plan, and monitoring. An experienced attorney who has handled these complaints provides an overview of the legal issues, resolution agreement terms typically required by OCR, and best practices to advise clients interested in being proactive, including widely accepted standards for website accessibility. You’ll gain unique perspective from a practicing attorney who uses website accessibility technology on a daily basis.
Host: Sonja Trainor, Director, NSBA Council of School Attorneys
Presenters: Kimberly Davis, Udall Shumway, Mesa, AZ; Joshua Loevy, Lathrop & Gage, St. Louis, MO

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Transgender Student Litigation Update
Recorded 9/13/16
Join NSBA Chief Legal Officer Francisco Negrón and NSBA COSA Director Sonja Trainor for an informative update on the latest developments in the area of transgender students and gender identity litigation, as of September 2016. This webinar aims to help school lawyers understand the confusing legal landscape by untangling the web of lawsuits and conflicting court rulings, and by exploring a landmark case on petition review by the High Court.
Host: Sonja Trainor, Director, NSBA Council of School Attorneys
Presenters: Francisco Negrón, NSBA Chief Legal Officer

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DOL’s Final Overtime Rules: Will They Really Break Your School District’s Budget?
Recorded 6/16/16
In 2016 the U.S. Department of Labor issued its final regulations changing specific requirements to the overtime rules for white-collar workers, impacting who is/is not eligible for overtime pay. This webinar discusses the changes to the minimum salary thresholds for the overtime exemption categories, the triennial automatic update to those salary thresholds, what categories of employees may be affected, the impacts of such changes on school districts as employers, and what actions school districts might consider.
Presenters: Jim Keith, Adams and Reese LLP, Jackson, MS; Leza Conliffe, NSBA Senior Staff Attorney

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Student Data Privacy: What Changes Are Ahead?
Recorded 5/19/16
Nearly every state has considered or passed bills addressing student data privacy in recent years. In this webinar, Sonja Trainor, Director of NSBA's Council of School Attorneys, and Amelia Vance, Project Director, Education Data & Technology, National Association State Boards of Education*, will update you on recent proposals at the federal level, including bills that would amend the Family Education Rights and Privacy Act, as well as the slew of proposals and legislation at the state level. Learn how the state initiatives fit into national trends, and what you might expect from federal and state policy-makers in the near future.
Host: Naomi Gittins, Deputy General Counsel, National School Boards Association
Presenter: Sonja Trainor, Director, NSBA Council of School Attorneys; Amelia Vance, Project Director, Education Data & Technology, National Association State Boards of Education*
*Amelia Vance is now with the Future of Privacy Forum.

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Ethics and the Life of a Lawyer
Recorded 4/27/16
A legal career has a distinct life cycle, from newly hatched associate, through growing practitioner, then “adult” partner, and ending as distinguished retiree. Different ethical matters take center stage at different times in this cycle, and this presentation will examine a few of those issues, starting with issues of competence and zealous representation as a young lawyer, through the concerns with marketing and advertising as one’s practice develops, and ending with some of the common issues relating to closing down a practice.
Host: Sonja Trainor, Director, NSBA Council of School Attorneys
Presenter: Nancy Krent, (retired) Hodges, Loizzi, Eisenhammer, Rodick & Kohn, Arlington Heights, IL

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ESSA: What Every School Lawyer Needs to Know Now
Recorded 3/10/16
The Every Student Succeeds Act fundamentally changes the federal role in K-12 public education. With more authority now resting at the state and local level, there is great opportunity for community-based decision making in areas like testing, accountability measures, and teacher qualifications. Join the NSBA Legal and Federal Advocacy teams for a look at key ESSA provisions your school board clients are asking about, and some insights into the ongoing regulatory process.
Host: Sonja Trainor, Director, NSBA Council of School Attorneys
Presenters: Francisco Negrón, NSBA General Counsel; Michael Zola, NSBA Associate Executive Director, Office of Federal Advocacy & Public Policy*; Lucy Gettman, NSBA Deputy AED, Office of Federal Advocacy & Public Policy**; Kimberly Richey, Senior Govt. Relations Counsel, Federal Legislation, Office of Federal Advocacy & Public Policy; Deborah Rigsby, Director, Federal Legislation, Office of Federal Advocacy and Public Policy; Leza Conliffe, NSBA Senior Staff Attorney
*Michael Zola is now with American Association of State Colleges and Universities.
**Lucy Gettman is now with Women in Government.

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Where is the Line? Mental Health Services and FAPE – Understanding the Public School Responsibility
Recorded 3/2/16
School officials are coming under increased scrutiny for providing services to students experiencing mental health concerns. As a school attorney, you need to know the legal requirements, as well as prevailing educational recommendations when it comes to providing FAPE. In this webinar, experienced special education attorneys guide you through new standards and court interpretations for addressing mental health issues in the public school setting, and offer tips on working with local health care providers to ensure students' needs are addressed.
Host: Sonja Trainor, Director, NSBA Council of School Attorneys
Presenters: Andrew Manna, Church, Church, Hittle & Antrim, Noblesville, IN; Chris Borreca, Thompson & Horton, Houston, TX; Lawrence J. Altman, Adjunct Professor, Avila University and (retired) Special Education Lead Attorney and Compliance officer, Kansas City Public Schools

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School Law Primer: Teacher Discipline
Recorded 2/3/16
Teacher discipline in the public school context can take various forms, the most common of which are dismissal, non-renewal, suspension, reprimand/warning and fine. Employee discipline is usually governed by state law, board policies, administrative regulations, and collective bargaining agreements. Where a teacher has tenure or another form of expectation of continued employment, the teacher will have a constitutionally protected property right in his or her employment. This presentation will provide an overview of constitutional law and state trends with respect to teacher discipline, and practical tips for attorneys new to the practice in this area.
Host: Leza Conliffe, NSBA Senior Staff Attorney
Presenters: Stephanie Jones and Jessica Riddick, Hodges, Loizzi, Eisenhammer, Rodick & Kohn, Arlington Heights, IL

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Working Effectively with School Resource Officers: Legal Considerations and Best Practices
Recorded 1/13/16
NSBA’s Council of School Attorneys and Council of Urban Boards of Education join forces to present useful information in a crucial area. In the face of high profile incidents exploding in the media, school districts are asking whether and how they can and should employ School Resource Officers. Join a veteran school attorney for a unique perspective on her district’s innovative use of school resource officers, and the chair of NSBA’s Council of Urban Board of Education, who will share his perspective as a school board member and civil rights attorney.
Host: Sonja Trainor, Director, NSBA Council of School Attorneys
Presenters: Margaret-Ann Howie, General Counsel, Baltimore County Public Schools; Van Henri White, Rochester City School District, Rochester, NY

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Private Placement and Tuition Reimbursement under IDEA: Evolving Case Law
Recorded 9/30/15
In this in-depth webinar, we examine the large body of case law addressing one of IDEA’s relatively brief provisions: reimbursement for private school placement. Because the financial stakes are very high for school districts in many states, this issue is litigated more than others in the special education context. Learn the relevant case law in each federal circuit, and gain insightful practical advice from a veteran special education practitioner, including defenses to private placement and avoiding predetermination.
Host: Sonja Trainor, Director, NSBA Council of School Attorneys
Presenter: Carolyn Waller, Tharrington Smith, Raleigh, NC

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Food for Thought: How New Nutrition Standards Are Affecting School Operations
Recorded 9/16/15
Take a detailed look at federal activity on child nutrition programs, and how the new standards are affecting every-day operations in school districts, including outside vendor contracts, fundraising, food trucks, and wellness policies. We’ll start with a review of key federal actions, including The Healthy, Hunger-Free Kids Act of 2010, the “Smart Snacks” regulations, and proposed professional standards for child nutrition professionals. NSBA lobbyist Lucy Gettman sheds some light on how those standards came to be. Then, COSA member Dionne Tunstall Jenkins will discuss the real-world implications of the new standards: how to handle “competitive foods” and other outside food vendors, how to have a bake sale without violating federal nutrition guidelines, and considerations for wellness policies.
Host: Leza Conliffe, NSBA Senior Staff Attorney
Presenters: Lucy Gettman, NSBA Deputy AED, Federal Advocacy & Public Policy*; Dionne Tunstall Jenkins, Winston-Salem/Forsyth County Schools
*Lucy Gettman is now with Women in Government.

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Building, Maintaining, and Growing a School Law Practice
Recorded 6/10/15
Gregory J. Guercio, COSA Past Chair, has been a practicing school attorney for over 40 years. Starting as a sole practitioner with one school district client, he has overseen the growth of his firm to a team of 25 attorneys concentrating in the representation of school districts located in the NYC suburbs and the State Capital region. Greg shares his experiences in building, maintaining, and growing a school law practice, and strategies for competing in today’s challenging environment, and that of the future.
Host: Sonja Trainor, Director, NSBA Council of School Attorneys
Presenter: Greg Guercio, COSA Past Chair, NSBA Council of School Attorneys, Law Offices of Guercio & Guercio, LLP, Farmingdale and Latham, NY

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Advising School Districts in Cloud Computing Contracts
Recorded 5/6/15
Software as a Service (SaaS) contracts are an increasingly attractive option for school districts hoping to take advantage of the benefits of cloud-based technologies. But while the list of software for students and teachers (Office 365, Adobe Creative Cloud) and enterprise solutions (MUNIS, SchoolDude) continues to grow, how can you make sure your school district’s contracts keep up with the legal issues associated with these new technologies? This session addresses crucial contracting issues not covered in the COSA resource Cloud Computing and Student Privacy: A Guide for School Attorneys, such as foreign data centers, data audit trails, data security, practical limits on contract enforceability, avoiding spoliation of evidence, state records retention laws, and FOI. Mr. Tokarz has presented at several NSBA conferences on technology and contracting issues.
Host: Sonja Trainor, Director, NSBA Council of School Attorneys
Presenter: Tom Tokarz, Special Counsel, Henrico County Public Schools, VA

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Copyright in the Classroom
Recorded 4/15/15
Students and teachers are constantly using different kinds of social media today, both for personal and professional use. Students are creating work for class, but are also privately posting such works online to share with friends and family. Teachers are creating lesson plans from scratch for use in their classrooms, but are also selling them online to other educators. Some are also using commercially available materials, videos, movies, performances, etc., as part of their curricular activities. Our presenters discuss how such situations and others can raise copyright law issues in the classroom, such as "who owns the work", what about "work for hire", when can use of certain materials be classified as "educational fair use", when do materials fall into the "public domain", and "what protections are available to the school district". Our presenters are education attorneys with extensive experience advising districts on copyright issues, and provide hands-on, valuable insight on how to assist your clients with this intriguing area.
Host: Leza Conliffe, NSBA Senior Staff Attorney
Presenters: Dr. Carol Simpson, Eichelbaum, Wardell, Hansen, Powell & Mehl, Plano, TX and Colleen M. Uhlenkamp, Davis & Kuelthau, Madison, WI

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Litigating a Special Education Case in Federal Court: Tips and Recent Decisions
Recorded 5/14/14
Special education cases are regulars in federal courts. This webinar gives the school attorney an inside look at litigating a case appealed from due process, including practical tips. The presenters, experienced practitioners with numerous hours in federal court, discuss recent federal case law of note.
Host: Sonja Trainor, Director, NSBA Council of School Attorneys
Presenters: Jim Keith, Adams and Reese, Ridgeland, MS; Charlie Weatherly, Weathery Law Firm, Atlanta, GA; Janet Horton and Chris Borreca, Thompson & Horton LLP, Houston, TX

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Defending Public School Employers in First Amendment Free Speech Cases in the Post-Garcetti Era
Recorded 5/7/14
This webinar is crucial for attorneys representing public school employers. A 20+ year school law veteran provides (1) an overview and legal analysis of the current case law discussing school district liability in First Amendment free speech cases involving public employees; and (2) practical tips and suggestions on how to prevent and protect school districts and school administrators from these types of claims.
Host: Mark Blom, NSBA Senior Staff Attorney*
Presenter: Darcy Proctor, Ancel Glink, Chicago, IL
*Mark Blom is now Principal Counsel at the Maryland Higher Education Commission.

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Mandated Reporting of Child Abuse and Investigation of Employee Conduct
Recorded 2/24/14
The laws related to the mandated reporting of child abuse require school districts to take affirmative action to report suspected and/or known child abuse. When abuse is related to school attendance or activity, the school district has a separate duty to stop the abusive conduct and prevent it from recurring. The Penn State saga opened our eyes to some of the legal consequences associated with the failure of mandated reporters to report incidents of abuse. The criminal indictments of school district administrators highlight the need for an in-depth discussion of how to appropriately conduct an investigation of allegations of child abuse. This webinar addresses several areas associated with a school district's investigation of child abuse reporting including: state mandated reporting requirements, a school district's duty to investigate and stop abuse/prevent it from recurring, the development of investigation plans, recognition of union rights, and maintenance of student confidentiality.
Host: Leza Conliffe, NSBA Senior Staff Attorney
Presenters: Diane Marshall-Freeman, Partner, Fagen Friedman & Fulfrost, Sacramento, CA, and Christopher D. Keeler, Fagen Friedman & Fulfrost, San Diego, CA

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School Videos and Student Privacy – What’s the Final Rule?
Recorded: 1/15/14
Few issues have caused such widespread consternation for school districts and their attorneys than this one: to what extent are school videos education records covered by FERPA? NSBA requested clarification from the U.S. Department of Education years ago. As yet, there has been no definitive guidance. Join a seasoned school lawyer for a distillation of the current state of the law and “unofficial” guidance from the Department’s Family Policy Compliance Office.
Host: Sonja Trainor, Director, NSBA Council of School Attorneys
Presenter: Sara Clark, Deputy Director of Legal Services, Ohio School Boards Association

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Resolving Special Education Disputes
Recorded 11/5/13
If the school district’s attorney is being consulted about a student or is attending IEP meetings, it is likely that there is a significant dispute over the student’s education and that the matter is headed for litigation. Litigation will mean great expense to the school district and, especially, a great commitment of staff time. An experienced special education attorney discusses amicable measures that school districts can take to resolve disputes and avoid a contentious due process hearing.
Host: Sonja Trainor, Director, NSBA Council of School Attorneys
Presenter: Kathy Mehfoud, Reed Smith, Richmond, VA

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The Family Education Rights and Privacy Act Inside and Out
Recorded 9/11/13
Here’s your chance to learn – or brush up on – the ins and outs of the federal law that permeates school district operations, FERPA. We start with the basics: What is an education record covered by FERPA? When can personally identifiable information about a student be released and to whom? Are emails education records? Then, we move into recent questions: May a school district store student records in “the cloud?” When does an “emergency” cease, thereby triggering the consent requirement? What if the student is deceased? What if the student has changed names? Become FERPA conversant in just over an hour.
Host: Sonja Trainor, Director, NSBA Council of School Attorneys
Presenter: Margaret-Ann Howie, General Counsel, Baltimore County Public Schools

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H-1B Visa Compliance
Recorded 9/25/12
This webinar will be useful in advising school districts that employ or are considering employing H-1B visa holders. It will provide an overview of employer obligations, information to help stay in compliance with the provisions of the H-1B program, and highlight common pitfalls that districts should avoid.
Presenters: James Kessler, Branch Chief, and Tara Knierim, Senior Advisor, Immigration and Farm Labor Branch, U.S. Department of Labor

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*OCR Series 1* Before OCR Arrives: Preventative Steps
Recorded 3/19/13
In Session 1, we discuss the regulatory obligations school districts must meet currently, irrespective of whether a complaint has been filed with OCR. These obligations include: identifying certain staff members and their responsibilities, developing and implementing policies and regulations for staff and student conduct, internal complaint processes, disciplinary processes, and procedures related to special education services.

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*OCR Series 2* Type of OCR Investigations and their Outcomes
Recorded 6/11/13
In Session 2, we provide an overview of the characteristics of the different types of investigations OCR conducts, the myriad contexts in which these investigations can occur, what these investigations look like in real time in terms of staff and district operations, and the ways OCR complaints are brought to closure.

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*OCR Series 3* Nuts & Bolts of an OCR Investigation: From Initial Notice to Closure Letter
Recorded 6/18/13
Session 3 takes us through an OCR investigation step-by-step from the time the school district receives the complaint to when OCR closes the case. During this conversation, we discuss preparing the initial response to the complaint; handling OCR document requests, site visits, and OCR interviews with staff and students; negotiating resolution agreements, and addressing various situations that develop along the way.

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*Boot Camp* Sexual Harassment
Recorded 5/21/13
Sexual harassment is a common basis of employee and student complaints in a school district environment. This webinar is designed to provide the new school law practitioner with a basic understanding of the law on sexual harassment as it relates to employee claims brought under Title VII and student claims asserted under Title IX. Using recent Supreme Court and other federal opinions and agency guidance, it discusses the types of conduct covered by both statutes, some of the key issues surrounding each type of claim, and the standards that must be met before school districts can be held liable.

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*Boot Camp* The Supreme Court and Public Education
Recorded 2/26/13
You know Brown and Tinker, but do you know San Antonio, TLO, Safford, Fraser, Hazelwood, Lambs Chapel, Zobrest, Good News, and Santa Fe? Do you know which Supreme Court public school decision has been likened by a sitting Supreme Court justice to, “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried . . . “? Supreme Court jurisprudence addressing public schools and public employers gives school attorneys the foundation of their practice and the broader legal community unique insights into the policy priorities of the current Court. Presented by the NSBA Legal Team.

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*Boot Camp* School Board Authority
Recorded 12/18/12
Public education is a state function. However, with a few states as exceptions, local school boards are entrusted with overseeing and directing it. The authority of school boards is derived from state constitutional, statutory, and/or administrative provisions and interpreted by state administrative tribunals and courts. In addition to specific state and federal statutes relating to education, school boards are also subject to laws governing public bodies, such as open meetings requirements and state ethics laws. In this informative webinar, veteran school attorney Robert A. Kohn of Hodges, Loizzi, Eisenhammer, Rodick & Kohn in Arlington Heights, Illinois, reviews the ins and outs of school board authority.

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*Boot Camp* Employee Rights
Recorded 6/12/12
This topical overview analyzes the legal rights of school employees under the U.S. Const. and selected federal statutes. The scope includes 1st Amend. and 5th Amend. rights of religion, as well as 4th Amend. and 5th Amend. protections. Title VII of the Civil Rights Act (1964), ADA, FMLA, ADEA and FLSA will be covered as time permits. (Note: Due process rights are covered under another School Law Primer module, employee discipline.)
Host: Naomi Gittins, NSBA Deputy General Counsel
Presenters: Dean Pickett, Past COSA Chair, Tri-District Legal Counsel, Tempe, Arizona-area School Districts*, and Kellie Peterson, Mangum, Wall, Stoops & Warden
*Dean Pickett is now Of Counsel at Magnum Wall Stoops & Warden PLLC, Littleton, CO.

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*Boot Camp* Special Education
Recorded 5/8/12
This training program provides an overview of the specific legal issues surrounding special education after the 2004 reauthorization of the IDEA and subsequent regulations. It covers the major principles of IDEA, Section 504 of the Rehabilitation Act, and the American with Disabilities Act. Major case summaries are included.
Host: Sonja Trainor, NSBA Senior Staff Attorney
Presenters: Diane Marshall-Freeman and Anne M. Sherlock, Fagen Friedman & Fulfrost

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*Boot Camp* Teacher Discipline
Recorded 3/13/12
Teacher discipline in the public school context can take various forms; the most common being dismissal, non-renewal, suspension, reprimand/warning and fine. Employee discipline is governed by state law, board policies, administrative regulations, and collective bargaining agreements. The teacher may have a constitutionally protected property right in his/her employment that can also affect discipline options.
Host: Sonja Trainor, NSBA Senior Staff Attorney
Presenters: Jay Worona, Past COSA Chair, General Counsel, New York State School Boards Association and Anne Littlefield, Shipman & Goodwin

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*Boot Camp* Students’ Rights
Recorded 2/21/12
Students have various constitutional and statutory rights, including the right to free speech, the right to be free from unreasonable search and seizure, and certain privacy rights. In evaluating student freedoms, the courts have used a “reasonableness” standard to assess the constitutionality of school officials’ conduct. Investigate these and other aspects of the rights of students in the school setting.
Host: Naomi Gittins, NSBA Deputy General Counsel
Presenters: Karla Schultz and Elena Gallegos, Walsh Gallegos Treviño, Russo & Kyle, Albuquerque, NM

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