ten practices to avoid liability
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Ten Practices to Avoid Liability. PRESENTED BY: Robert Rader , Executive Director Patrice McCarthy , Deputy Director and General Counsel Kelly B. Moyher , Senior Staff Attorney Connecticut Association of Boards of Education. - PowerPoint PPT PresentationTRANSCRIPT
Ten Practices to Avoid LiabilityTen Practices to Avoid Liability
PRESENTED BY:PRESENTED BY:
Robert RaderRobert Rader, , Executive DirectorExecutive Director
Patrice McCarthyPatrice McCarthy, , Deputy Director and General Deputy Director and General CounselCounsel
Kelly B. MoyherKelly B. Moyher, Senior Staff Attorney, Senior Staff Attorney
Connecticut Association of Connecticut Association of Boards of EducationBoards of Education
The presenters gratefully The presenters gratefully acknowledge the work of the acknowledge the work of the
NSBA Council of School NSBA Council of School Attorneys Attorneys “A School Law Primer”“A School Law Primer”
on which this presentation is on which this presentation is based.based.
11: : Know the Boundaries of Know the Boundaries of Your AuthorityYour Authority
Authority of boards derived from state
constitution
statutes
administrative provisions
State statutes delegate oversight of public education to local and/or regional boards
Local boards hold express and implied powers
Courts reluctant to interfere with board decisions, but will
invalidate any board action that is: arbitrary capricious or outside the board’s legal authority
2: 2: Focus on the Board’s Focus on the Board’s Policy Making RolePolicy Making Role
•• Boards are policy-making bodies responsible for establishing rules and procedures
•• State and federal law mandate certain policies and procedures
generally allow the school board to
determine the specific details
Board policyBoard policy
•• Guides day-to-day administrative decisions
•• May address issues of importance not mandated by law
Distinction between the policy-making role of the board and the administrative role of the superintendent is not always clear. some states clarify the roles in statute
The board’s role concerning violence in The board’s role concerning violence in school and school securityschool and school security
• Board responsible for ensuring schools are safe for students, teachers and staff
• Instructional programs to educate students about alternate, non violent conflict resolution/change in culture
• Audit safety and discipline policies• Effective safety and crises response program
Addressing mental health issues in Addressing mental health issues in the school environmentthe school environment
• Coordinate with Department of Mental Health and other local resources
• With tight budgets, school psychologists, social workers
and other behavior experts are often the first to be cut • Staff training to engage and work with students and
families affected by mental illness• The summer conference has a “student mental health”
discussion
Working with the community to ensure Working with the community to ensure school securityschool security
- A single policy is not the advocated approach – one size doesn’t fit all
- Align emergency management plan with all hazards approach
- District must collaborate with emergency personnel community partners to establish an all-hazard approach
- Ensure policies and plans are well publicized to parents, visitors and public
3: 3: Adhere to Student Adhere to Student Discipline PoliciesDiscipline Policies
• Boards set codes of conduct and sanctions
• Courts defer to school officials if rule relates to legitimate school concerns
• Policies upheld by courts if
clear and understandable
fair notice to students
rational relationship between ruleand educational purpose
Student discipline - decisionsStudent discipline - decisions
• Board becomes involved when necessary to expel a student
• Board acts as impartial decision-maker
• Board or superintendent has authority
to suspend or terminate staff
• Usually terminated for
budgetary reasons
misconduct
incompetence, or now ineffectiveness
4: 4: Understand the Staff Understand the Staff Discipline ProcessDiscipline Process
•Requires due process•Amount of process depends on
potential disciplinary sanction employment status or
classification of employee applicable law, regulations,
policies or employment contract
Suspension without pay Suspension without pay or terminationor termination
5: 5: Review and Adhere to Policies Review and Adhere to Policies on Holiday Celebrationson Holiday Celebrations
• Establishment Clause vs. Free Speech Rights• Holiday traditions are part of our culture;
however, proselytizing on behalf of any religion is prohibited – A very fine line!
• Secular symbols • Promote understanding of cultural and religions
differences• Make sure staff, students and the community are
familiar with school policies
• Board must act as a body• Individual members not empowered to make policies or perform official acts
6. Be Familiar with the Laws 6. Be Familiar with the Laws Governing Board MeetingsGoverning Board Meetings
What constitutes a meeting?What constitutes a meeting?
• Quorum• Posted and open to the public • Official business
• Electronic meetings?
Public noticePublic notice
State statutes generally require that the public receive advance notice of the time, place, and agenda for board meetings.
Executive sessionExecutive session
Some issues may be discussed in executive session personnel matters
collective negotiations or bargaining
purchase or lease of real property
consultation with an attorney about litigation business pertaining to lawful privilege or confidentiality
Public participationPublic participation• No absolute right to speak at public
meetings, unless provided by state law• As long as content neutral, reasonable
ground rules can be placed on public comment period
• In a designated public forum, no content-based restrictions
7: 7: Guard Against Nepotism and Guard Against Nepotism and Conflicts of InterestConflicts of Interest
• Anti-nepotism policies may prohibit hiring of immediate or other relatives
• Situations where recusal is appropriate can also arise and should be carefully considered
• Public officials cannot hold incompatible offices
• Some states prohibit employment of board members by the board
• Board should consider adopting a code• CABE has several sample codes of ethics for CABE has several sample codes of ethics for
school board membersschool board members• Boards may also look for guidance from
local or state ethics codes for assistance in constructing an ethics code
• State statutes and regulations may also prescribe rules for implementation of a code
• Check with your state ethics commission (if your Check with your state ethics commission (if your state has one) for guidance and/or requirementsstate has one) for guidance and/or requirements
8: 8: Understand Ethical Understand Ethical Considerations for Board of Considerations for Board of
Education MembersEducation Members
9: 9: Clarify the Roles of Board Clarify the Roles of Board Members and the SuperintendentMembers and the Superintendent
• Superintendent acts as “CEO” of the board and school district.
• Has the responsibility of day-to-day operations of the school district.
• The board will hire and evaluate the superintendent
• The board and superintendent should always have open lines of communication, even in negative circumstances.
• The board and superintendent relationship is often a reflection of the school district’s operation as a whole.