nases 2013
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NASES SPRING CONFERENCE
Karen HaaseHarding & Shultz
(402) [email protected]
H & S School Law@KarenHaase
Who’s Your Daddy?
A Legal Update on Student Residency
The Joy of 79-215 Residents Homeless Contracted students Option Students State Wards Non-wards residentially placed
So, who belongs in your school?
Residents Students are residents of the
district in which they reside Students are residents of any
district where one of their biological parents reside
79-215(1) and (2)
Homeless – Federal Def. lack a fixed, regular, and adequate
nighttime residence Includes:
• Living with family or in motel• Abandoned • awaiting foster care • Living in cars, parks, etc• Migratory children• Abused, homeless, not yet in system• Aged out of foster and homeless
McKinney-Vento Homeless Ass. Act42 U.S.C. §11431 et. seq.
Rights of Homeless students • Right to Remain in School of
Origin• Transportation (paid for by
district of origin)• Right to Immediate Enrollment
(w/o Records)• Liaisons
Kid who moves during year“A school board may allow a student whose residency in the district ceases during a school year to continue attending school in such district for the remainder of that school year”
79-215(4)
Kids contracted to your district
By another district By parents of children who reside
in a neighboring state
79-215(5) and (8)
Option Students
Foster parents can’t option Parents “eligible” for mileage if
qualify for free lunch Option students placed out of
district
79-215(5) and (8)79-241
State Wards NOT in Foster Remains resident State pays if:
• Placed in different district• Placed in institution with SpEd
program Resident dist. still obligated for IEP Resident dist. lists on NSSRS
79-215(9)
State Wards who ARE Foster Remains resident of home dist. NOT resident of foster home district Should continue attending original
school unless HHS determines otherwise
DO NOT enroll foster kids as a matter of course
79-215(9)
Fostering Connections to Success and Increasing Adoptions Act of 2008
Amend Title IV (Parts B and E) of the Social Security Act Provisions promoting
education stability and enrollment for youth in foster care Required states to
change child welfare laws
Presumption: Same School
The child’s case plan must include: “an assurance that the state has coordinated with appropriate local education agencies … to ensure that the child remains enrolled in the school in which the child was enrolled at the time of placement”
42 U.S.C.A. 675(1)(G)(ii).
Presumption: Same School
If remaining in the same school is not in the best interest of the child, the child’s case plan must include “assurances by the State agency and the local education agencies to provide immediate and appropriate enrollmentin a new school, with all of the education records of the child provided to the school.”
42 U.S.C.A. 675(1)(G)(ii).
Comparing McKinney-Vento to Fostering Connections
McKinney-Vento Act (Education Law: NCLB)• Best Interest Decision – SCHOOL
BASED Fostering Connections (Child
Welfare: Title IV-E) • Best Interest Decision – CHILD WELFARE-BASED
Foster Care Law Changes Uninterrupted Scholars Act (fed)
• Allows schools to release ed records without parental consent to child welfare agencies
• Schools can disclose records under court order without notifying parents
LB 269• Reimbursement rates for foster parents• Change case plans, manager training,
Foster Care Law Changes
LB 216 • Young Adult Voluntary Services• IEP Transition Plans
LB 530• Changes governance of Children and
Family Services
Non Wards Residentially Placed If facility doesn’t have ed. program
• resident dist. “shall contract” with facility dist.
• IEP, etc. transfers to facility dist.• Unless agreement otherwise • If wrong district pays, correct
district has to reimburse 110%• NDE appeal process
79-215(10)(a)
Non Wards Residentially Placed
If facility does have ed. program • NDE pays • Resident dist. still responsible for
IEP, NSSRS, etc.
79-215(10)(c)
Kid in Detention Facility
State Pays Statute silent re “residency” Assume resident dist. still
responsible for IEP, NSSRS, etc.
79-215(11)
So if Kids Respond to Interventions, Does Your Staff?
Karen Haase Harding & Shultz
(402) [email protected]
H & S School Law@KarenHaase
Poll: Do you evaluate teaching staff:
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Poll: Do you evaluate teaching staff:
Poll: Do you evaluate paraeducators:
The Widget Effect
2009 Study conducted by The New Teacher Project Surveyed 15,000 teachers and 1,300
principals in 12 school districts, Conclusion: Schools treat teachers
as interchangeable parts, rather than individual professionals
http://widgeteffect.org/downloads/TheWidgetEffect.pdf
The Widget EffectHow evaluation systems reflect and
codify the “Widget Effect”• All teachers are rated good or great.• Excellence goes unrecognized.• Professional development is
inadequate.• No special attention to novices• Poor performance goes unaddressed
TNTP’s Recommendations Adopt a comprehensive
performance evaluation system that fairly, accurately and credibly differentiates teachers based on their effectiveness in promoting student achievement and provides targeted professional development to help them improve
TNTP’s Recommendations Train administrators and other
evaluators in the teacher performance evaluation system and hold them accountable for using it fairly and effectively.
Poll: Administrators: How many of you have had...
TNTP’s Recommendations Integrate the performance
evaluation system with critical human capital policies and functions such as teacher assignment, professional development, compensation, retention and dismissal.
TNTP’s Recommendations Address consistently ineffective
teaching through dismissal policies that provide lower-stakes options for ineffective teachers to exit the district and a system of due process that is fair but efficient.
Poll: Is your school part of NDE's evaluation ...
Poll: If you are part of the pilot are you usi...
Writing Clear Evaluations
Written Evaluations
Comply with Rule 10 requirements Use the approved policy and forms Follow the policy Train all administrators on the
policy, form and educational model Use announced observations Pre-evaluation conference Use unannounced observations
Write in the First Person Communication in the first person
is more personal and direct Communication in the third person
is more awkward and less effective
How to Evaluate Clearly
Jack Webb’s Rule
State facts first Draw
conclusions later
Avoid Mixed Messages
Document, Document, Document
If it isn’t written down, you didn’t see it(Or at least it’s harder to establish)
Don’t give suggestions
Suggestions/Recommendations
Give concrete directives for each deficiency Include a narrative explanation
with each criticism Relate all deficiencies to teaching
and learning
Move from suggestions to directives
Be fair
And be sure to give the appearance of being fair
Make directives and recommendations
Clear Specific Measurable
Be on Time
Be on Time
Don’t be late Be at work on time Be at work by 8 a.m. Be in the building by 8 a.m. Be in your classroom and prepared
to meet students by 8 a.m.
Use Deadlines
Know the Employee’s Story
Confer with the teacher Get his/her responses to your concerns
Identify Continuing Deficiencies as Such
Don’t Relent
Identify serious issues as such
Keep a record of all your observations and
conferences
Meet your own deadlines
Don’t write while angry
Deliver memos and evaluations promptly
Have the teacher sign memos and evaluations
promptly
When signing for receipt
Clarity Counts Signing only for receiptGive the teacher the original of the
documentKeep a copy Right to respond
Involve other administrators in the remediation process
Make the teacher responsible for making the
improvements
Involve the NSEA
We’re from the NSEA and we’re here to help
So let’s practice
Severus Snape Science Teacher Great with content Students do well on
assessments Does not
accommodate slower students Mean to disfavored
students
Poll: How would you improve the feedback to Se...
Poll: How would you improve the feedback to Se...
Poll: How would you improve the feedback to Se...
Poll: How would you improve the feedback to Se...
Remediation
Remediation
“It is easier to help a poor teacher grow than to dismiss that teacher.”
Madeline Hunter
Rule 10 Remed. Requirements
If deficiencies noted, must provide:• Written list of “all noted deficiencies”• “concrete suggestions for improvement” • Assistance in overcoming deficiencies• Adequate timeline for implementing the
concrete suggestions for improvement
Remediation Requirements
Review your district’s evaluation policies and documents!
Remediation Not Required Criminal Conduct Incapable of Remediation?
• Teachers who cannot improve to meet the standard of the district and
• Teachers who will not improve to meet the standard of the district.
Beware – burden on district to prove “irremediability”
Remediation Plans
Remediation Plans
Identify or define the problem Identify goals Identify strategies Provide resources Set deadlines Assess progress Inform of consequences
Remediation Tips
Involve the teacher in the process Acknowledgement of Receipt Rebuttal and clarification requests
in writingHelp the teacher “own” the
problem Don’t give up!
Take Comfort
Nebraska Supreme Court:There are few, if any, objective criteria for evaluating teacher performance or for determining what constitute just cause for terminating teaching contracts of tenured teachers. Each case must, therefore, be assessed on its own facts.
Courts don’t typically second guess
Poll: Questions? Comments?
So if Kids Respond to Interventions, Does Your Staff?
Karen Haase Harding & Shultz
(402) [email protected]
H & S School Law@KarenHaase