Legal Issues in Education Elizabeth J. Taylor Assistant Superintendent and Legal Counsel Monroe County ISD November 30, 2009
STUDENT ISSUES <ul><li>Special Education Students  </li></ul><ul><ul><li>Discipline  </li></ul></ul><ul><ul><li>Limited re...
STUDENT ISSUES <ul><li>Zero Tolerance in Michigan </li></ul><ul><ul><li>Result of the 1994 Gun Free School Zone Act </li><...
STUDENT ISSUES <ul><li>Zero Tolerance </li></ul><ul><ul><li>MCL 380.1309 (Teacher suspension of student) </li></ul></ul><u...
STUDENT ISSUES <ul><li>FERPA </li></ul><ul><ul><li>Education record </li></ul></ul><ul><ul><li>Video tape of a student inc...
STAFF ISSUES <ul><li>Probationary Teachers </li></ul><ul><ul><li>2 or 4 years probation </li></ul></ul><ul><ul><li>Contrac...
STAFF ISSUES <ul><li>Tenured Teachers </li></ul><ul><li>Tenure is to prevent arbitrary and capricious discipline/dismissal...
STAFF ISSUES <ul><li>Just cause is a legal standard </li></ul><ul><li>Did the employer put the employee on  notice  of any...
STAFF ISSUES <ul><li>What is just cause for demotion/dismissal? </li></ul><ul><ul><li>Incompetence  </li></ul></ul><ul><ul...
STAFF ISSUES <ul><li>Incompetence alleged? </li></ul><ul><ul><li>Tenure Commission looks at …. </li></ul></ul><ul><ul><ul>...
STAFF ISSUES <ul><li>Teachers who commit a crime </li></ul><ul><ul><li>Depends on the crime </li></ul></ul><ul><ul><li>Mic...
STAFF ISSUES <ul><li>TEACHERS' TENURE (EXCERPT) Act 4 of 1937 (Ex. Sess.) </li></ul><ul><li>38.101a Teacher rights subject...
STAFF ISSUES <ul><li>Staff must report within three days if charged with a crime listed in the school code </li></ul><ul><...
STAFF ISSUES <ul><li>Corporal Punishment Statute </li></ul><ul><ul><li>deliberate infliction of physical pain by hitting, ...
STAFF ISSUES <ul><li>You may use reasonable physical force to maintain order and to provide an environment conducive to sa...
STAFF ISSUES <ul><li>(a)To restrain or remove a pupil whose behavior is interfering with the orderly exercise and performa...
STAFF ISSUES <ul><li>Teachers and Medical Issues </li></ul><ul><ul><li>Look to your contract </li></ul></ul><ul><ul><li>Ca...
STAFF ISSUES <ul><ul><li>750.539c Eavesdropping upon private conversation. </li></ul></ul><ul><ul><li>Sec. 539c. </li></ul...
Staff Issues <ul><li>750.539d Installation, placement, or use of device for observing, recording, transmitting, photograph...
STAFF ISSUES <ul><li>Inappropriate behavior between teacher and student </li></ul><ul><ul><li>Check board policies/contrac...
STAFF ISSUES <ul><li>American with Disabilities Act </li></ul><ul><ul><li>A physical or mental impairment that substantial...
STAFF ISSUES <ul><li>Engage in interactive discussion with employee to determine possible reasonable  accommodations </li>...
GENERAL ISSUES <ul><li>Residency  </li></ul><ul><ul><li>Students may register in the district of either parent </li></ul><...
GENERAL ISSUES <ul><li>Gross Negligence </li></ul><ul><ul><li>School employees afforded governmental immunity from tort li...
GENERAL ISSUES <ul><li>Tort Immunity Requirements </li></ul><ul><ul><li>Individual acts or reasonably believes he/she is a...
GENERAL ISSUES <ul><ul><li>Employment Issues </li></ul></ul><ul><ul><ul><li>At-will employees can be dismissed for any non...
GENERAL ISSUES <ul><li>Hiring practices </li></ul><ul><ul><li>Usually a Board policy or contract  will govern practices </...
GENERAL ISSUES <ul><li>Family issues  </li></ul><ul><ul><li>Divorced parents and FERPA </li></ul></ul><ul><ul><ul><li>An e...
GENERAL ISSUES <ul><li>Family Issues </li></ul><ul><ul><li>DHS Investigation </li></ul></ul><ul><ul><ul><li>Required to im...
RESOURCES <ul><li>Michigan laws can be found at  www.michiganlegislature.org   Do a basic MCL search </li></ul><ul><li>Sta...
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Terrys Class Presentation 1

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This is a presentation I made for a class I took in my doctorate program at the University of Toledo

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  • Can be held to the Student Code of Conduct for up to 10 days of suspension. After that, a manifestation hearing must be held to determine if the behavior is a manifestation of the student’s disability. Educational services must be provided for the suspended student who has reached that 10 th day. Limited removal from classroom question: Not a legal issue; more of a programatic or procedural issue. Michigan has a suggested Seclusion and Restraint policy which all schools in Monroe County have adopted. It places limitations on secluding and restraining students to prevent students from being isolated. It is up to the school and the special education staff to craft a behavior plan which takes into account how behaviors of one student may affect an entire class. Expulsion: A special education student can not be expelled like a regular student. They have a right to stay put while any testing, meetings or hearings are taking place. If the student is dangerous to others, an alternative educational setting may be set up .. But not necessarily at home. A manifestation hearing would have to be held prior to expulsion of a special education student 45 day placement: If it is a drug or weapons issue or serious bodily injury the S.E. student may be moved temporarily for 45 days to an alternative education setting without parental permission. District Policies for Expulsion: Michigan schools required to expel any student for weapons possession unless: The object was not possessed for use as a weapon, or for delivery to another for use as a weapon The student did not know s/he had the weapon with him or her The student did not know or have reason to believe the object was a dangerous weapon The weapon was carried at the suggestion or request of school or police authorities Board policies/codes of conduct can expand what a definition of a “dangerous weapon” is to include toy gun, bb gun, water pistol as school boards enjoy: School boards enjoy broad discretion in fashioning rules “relative to anything necessary for the proper establishment, maintenance, management, and carrying on of the public schools of the district, including regulations relative to the conduct of pupils concerning their safety while in attendance at school or enroute to and from school.”
  • Requirement was to expel for one year any student possessing a gun on school property Michigan schools required to adopt “zero tolerance” policies in 1995 in order to receive federal funds. MCL 380.1311 expand that to include possible, but not mandatory, expulsion for gross misbehavior, drugs, verbal assualt
  • Called the “snap suspension” a teacher may suspend a student from his/her class or activity for one full if the student’s conduct constitutes something for which the school board/code of conduct would permit a student to be suspended for. U.S. District Court case: 2003.. Vague and overbroad code of conduct language for what constituted a “verbal assault” Smith v. Mount Pleasant Public Schools, Case No. 01-10312 (E.D. Mich. Sept. 30, 2003). The case started in 2000 when a junior at Mt. Pleasant High School was suspended for 10 days after writing a parody of the school’s tardy policy, using derogatory language to describe the principal. The ACLU of Michigan and Smith filed suit in September of 2001, alleging that the district violated Smith’s First Amendment rights. While the Court found the state and district policy vague, it also found that the discipline did not violate Smith’s First Amendment rights, so a request to change his school records was denied. In December of 2003, the plaintiff’s motion for reconsideration was denied. 16 The Civil Rights Project at Harvard University and the Lack of alternative educational opportunities: Districts not required to provide any. Attempts to have ISD’s provide have failed.
  • FERPA: FERPA prohibits school districts from releasing personally identifiable information (other than directory information ) contained in a student’s education records to anyone but certain enumerated federal, state, and local officials and institutions, unless authorized by the student’s parent. Education record: all records, files documents and other materials containing information directly related to a student; and maintained by the education agency or institution, or by a person acting for such agency or institution. Personally identifiable information: “Personally identifiable” information includes, but is not limited to, a list of personal characteristics that would make the student’s identity easily traceable, or other information that would make the student’s identity easily traceable. Videotape: Strong evidentiary proof of student behavior, but likely is an education record Official Opinion: Video tape is an education record for EACH student pictured in the video (thus triggering FERPA protections – that is, a parent may only view his/her child on the video… no other child without written consent.. COULD BE A PROBLEM IF VIDEO CAM DOES NOT PERMIT REDACTIONS FOR EVIDENTIARY PURPOSES.) Unofficial Opinion: Given to school lawyers on case by case basis: The new unofficial guidance by the FPCO provides that video images are education records only for the students “directly related” to the focus or subject of the video (i.e., a fight, drug deal, or some other disturbance that causes the students to be the focal point of the video) Thus students not involved in altercation are just “set dressing” and their images are not covered by FERPA Five exempted categories – one that could apply is the Law Enforcement Exemption – designate one person as law enforcement, have that person maintain the surveillance records. As long as the videotapes are created for a law enforcement purpose (i.e., maintaining the physical security and safety of a school) and they remain in the possession of the law enforcement unit, the videotapes constitute law enforcement, rather than education, records. FOIA Issues: If maintained as a law enforcement record, district could claim an exception to the release and that, the disk would have to qualify as an investigatory record, and then the district would have the burden of proof to show that its disclosure would interfere with law enforcement proceedings, deprive a person of the right to a fair trial, or constitute an unwarranted invasion of privacy for the students who are shown on the video. If not a law enforcement record, the district would have to get consent from the parents involved to release to the media. The police would have to get a subpoena
  • Just cause includes incompetence, insubordination, unprofessional conduct, absenteeism, crimes against the Employer, intoxication and disruptive conduct. When incompetence is alleged, the Tenure Commission will consider factors such as the existence of clear professional standards, whether the standards were applied without discrimination, the number and quality of evaluations, the skill of the evaluator, whether specific suggestions and recommendations for improvement were made, whether the teacher was afforded the time and assistance to improve performance, and negative adverse effect on the students.
  • Just cause includes incompetence, insubordination, unprofessional conduct, absenteeism, crimes against the Employer, intoxication and disruptive conduct. When incompetence is alleged, the Tenure Commission will consider factors such as the existence of clear professional standards, whether the standards were applied without discrimination, the number and quality of evaluations, the skill of the evaluator, whether specific suggestions and recommendations for improvement were made, whether the teacher was afforded the time and assistance to improve performance, and negative adverse effect on the students.
  • 1230d(4) and 1535a(4) and (5) of the Revised School Code deal with any felony, crimes of a sexual nature, child abuse
  • Listed offense is one that requires registration on SOR
  • No liability to staff person if they exercise reasonable necessary physical force
  • If you have a teacher with health issues that clearly affect their ability to teach, contract probably allows you to seek medical or psychiatric evaluation.
  • Michigan law has held that participant recording, even without the consent of the other party, is not eavesdropping; therefore, a participant can record for himself, but can’t have a third party record. Eavesdrop” or “eavesdropping” means to overhear, record, amplify or transmit any part of the private discourse of others without the permission of all persons engaged in the discourse. Neither this definition or any other provision of this act shall modify or affect any law or regulation concerning interception, divulgence or recording of messages transmitted by communications common carriers.
  • A “private place” is a place where a person may reasonably expect to be safe from casual or hostile intrusion or surveillance but does not include a place to which the public or substantial group of the public has access.
  • Check board policies and contracts for any language that may apply to a situation, such as a teacher picking up a student. Most likely your board policies will have something in them prohibiting this.
  • Or a record of having such an impairment, OR being perceived as having such an impairment. Major life activity also includes: the operation of major bodily functions, including functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, circulatory, respiratory, endocrine, and reproductive functions. Some impairments are always considered a disability.. Such as deafness, blindness, missing limbs.
  • Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation. Some reasonable accommodations : Sign Language Interpreter for deaf person; regularly scheduled breaks for diabetic; someone to read information on a bulletin board for a blind person
  • Duty exists when a relationship between two people is contractual, assumed, common sense, statutory
  • Grossly negligent is willful wanton behavior with reckless disregard for injury
  • Age, race, sex, disability, national origin, religion, weight,
  • Administrator certification reinstated in Michigan to allow ease in moving out of state
  • An educational agency or institution shall give full rights under the Act to either parent, unless the agency or institution has been provided with evidence that there is a court order, State statute, or legally binding document relating to such matters as divorce, separation, or custody, that specifically revokes these rights. Rights of Non-Custodial Parents in the Family Educational Rights and Privacy Act of 1974 1   The Family Educational Rights and Privacy Act (FERPA) sets out requirements designed to protect the privacy of parents and students. In brief, the law requires a school district to: 1) provide a parent access to the records that are directly related to the student; 2) provide a parent an opportunity to seek correction of the record he or she believes to be inaccurate or misleading; and 3) with some exceptions, obtain the written permission of a parent before disclosing information contained in the student&apos;s education record. The definition of parent is found in the FERPA implementing regulation under 34 CFR 99.3. &amp;quot;Parent&amp;quot; means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian. Section 99.4 gives an example of the rights of parents. An educational agency or institution shall give full rights under the Act to either parent, unless the agency or institution has been provided with evidence that there is a court order, State statute, or legally binding document relating to such matters as divorce, separation, or custody, that specifically revokes these rights. This means that, in the case of divorce or separation, a school district must provide access to both natural parents, custodial and non-custodial, unless there is a legally binding document that specifically removes that parent&apos;s FERPA rights. In this context, a legally binding document is a court order or other legal paper that prohibits access to education record, or removes the parent&apos;s rights to have knowledge about his or her child&apos;s education. Custody or other residential arrangements for a child do not, by themselves, affect the FERPA rights of the child&apos;s parents. One can best understand the FERPA position on parents&apos; rights by separating the concept of custody from the concept of rights that FERPA gives parents. Custody, as a legal concept, establishes where a child will live, and often, the duties of the person(s) with whom the child lives. The FERPA, on the other hand, simply establishes the parents&apos; right of access to and control of education record related to the child. Here are the answers to questions frequently asked about the rights of non-custodial parents. 1. Does the FERPA require a school to keep a parent informed of the child&apos;s progress even though the parent is divorced and living some distance from the child? No. The FERPA does not require schools to inform parents of student progress whetherthe parents are divorced or not. 2. Does the FERPA require a school to provide a parent copies of the record? Generally, a school is not required to provide parents copies of the record. However, if the distance is great enough to make it impractical for the parent to visit the school to review the record, the school must make copies of the record and send them to the parent when that parent requests access to the record. 3. May a school charge for copies of records? Yes. A school may charge a reasonable fee for copying. 4. Does the non-custodial parent have the right to be informed of and to attend teacher conferences? The FERPA does not address conferences for the purpose of discussing student performance. Thus, a school has no obligation under this law to arrange a conference to accommodate the non-custodial parent. However, if records of conferences are maintained, the non-custodial parent has the right to see those records. 5. Must the school notify the non-custodial parent of his/her FERPA rights? No. The school would be considered in compliance with the law if it notifies only the parent who has custody of the child. 6. Must the school provide the non-custodial parent the same general notices it provides the custodial parent? No. General notices, lunch menus, PTA information, announcement of teacher conferences, school pictures, and other similar information, are not &amp;quot;education records&amp;quot; as defined by the FERPA. Therefore, schools are not legally required to provide them. 7. Is the school required to honor a parent&apos;s &amp;quot;standing request&amp;quot; for access or copies? No. The FERPA does not require a school to honor a standing request, but the school may do so if it wishes. If parents wish to obtain information from their child&apos;s record on a regular basis, they should submit requests periodically. The school must respond to each request within 45 days. 8. How can a non-custodial parent get access to record? Any parent may ask the school for the opportunity to review the record, either by going to where the record are kept or by requesting copies. The school may ask the parent for some identification. 9. Can the parent with custody prevent the non-custodial parent from exercising his or her FERPA rights? No. FERPA rights are given to both parents. The school may assume that a parent has these rights unless it has evidence to the contrary. The school does not need the permission of the custodial parent to give access to the non-custodial parent. 1 The pamphlet was developed by the Family Policy Compliance Office of the U.S. Department of Education. 
  • Very low standard. Encourages over reporting. School employees should not investigate
  • Terrys Class Presentation 1

    1. 1. Legal Issues in Education Elizabeth J. Taylor Assistant Superintendent and Legal Counsel Monroe County ISD November 30, 2009
    2. 2. STUDENT ISSUES <ul><li>Special Education Students </li></ul><ul><ul><li>Discipline </li></ul></ul><ul><ul><li>Limited removal from classroom? </li></ul></ul><ul><ul><li>Expulsion (stay-put) (45-day temp.placement) </li></ul></ul><ul><ul><li>School boards enjoy broad discretion in fashioning rules “relative to anything necessary for the proper establishment, maintenance, management, and carrying on of the public schools of the district, including regulations relative to the conduct of pupils concerning their safety while in attendance at school or enroute to and from school.” </li></ul></ul>
    3. 3. STUDENT ISSUES <ul><li>Zero Tolerance in Michigan </li></ul><ul><ul><li>Result of the 1994 Gun Free School Zone Act </li></ul></ul><ul><ul><li>MCL 380.1311 ( must expel: arson, sexual assault, firearms, daggers, dirks, stilettos, knives with blades over three inches, pocketknives opened by a mechanical device, iron bars, and brass knuckles) </li></ul></ul><ul><ul><li>MCL 380.1311a ( must expel: physical assault on school employee or volunteer </li></ul></ul>
    4. 4. STUDENT ISSUES <ul><li>Zero Tolerance </li></ul><ul><ul><li>MCL 380.1309 (Teacher suspension of student) </li></ul></ul><ul><ul><li>Challenges to Zero Tolerance </li></ul></ul><ul><ul><ul><li>MCL 380.13 (verbal assault): U.S. District Court found school board language “unconstitutionally vague and overbroad” </li></ul></ul></ul><ul><ul><ul><li>Lack of alternative educational opportunities </li></ul></ul></ul><ul><ul><ul><ul><li>In Monroe County – Seat Time Waivers </li></ul></ul></ul></ul><ul><ul><ul><ul><li>Must refer expelled student to DHS within 3 days of expulsion </li></ul></ul></ul></ul>
    5. 5. STUDENT ISSUES <ul><li>FERPA </li></ul><ul><ul><li>Education record </li></ul></ul><ul><ul><li>Video tape of a student incident? </li></ul></ul><ul><ul><ul><li>FPCO’s official opinion </li></ul></ul></ul><ul><ul><ul><li>FPCO’s unofficial opinion </li></ul></ul></ul><ul><ul><ul><li>Varied court opinions </li></ul></ul></ul><ul><ul><ul><li>Waiting for FPCO determination </li></ul></ul></ul><ul><ul><ul><li>Districts can treat videotapes as exempted information not requiring permission for release </li></ul></ul></ul><ul><ul><ul><li>Law enforcement exemption </li></ul></ul></ul><ul><ul><ul><li>FOIA issues with videotape </li></ul></ul></ul>
    6. 6. STAFF ISSUES <ul><li>Probationary Teachers </li></ul><ul><ul><li>2 or 4 years probation </li></ul></ul><ul><ul><li>Contract determines if just cause needed </li></ul></ul><ul><ul><li>Place on IDP before the beginning of 2 nd year </li></ul></ul><ul><ul><li>Evaluate each year or teacher will be considered satisfactory for that year </li></ul></ul>
    7. 7. STAFF ISSUES <ul><li>Tenured Teachers </li></ul><ul><li>Tenure is to prevent arbitrary and capricious discipline/dismissal to otherwise competent teachers </li></ul><ul><ul><li>Granted tenure upon 2 or 4 years satisfactory teaching </li></ul></ul><ul><ul><li>Dismissing a tenured teacher… IT IS VERY DIFFICULT, but not impossible </li></ul></ul><ul><ul><li>Must have reasonable and just cause for dismissing or demoting a tenured teacher </li></ul></ul>
    8. 8. STAFF ISSUES <ul><li>Just cause is a legal standard </li></ul><ul><li>Did the employer put the employee on notice of any applicable rules and possible consequences of violating the rule(s)? </li></ul><ul><li>Was the employer's rule or work order reasonable as to what the employer might properly expect of the employee? </li></ul><ul><li>Did the employer make an effort to investigate (both sides of the issue) as to whether the employee did violate any rules? </li></ul><ul><li>Was any investigation fair and objective ? </li></ul><ul><li>Was there any proof of misconduct? </li></ul><ul><li>Has the employer given equal treatment for similarly situated employees? </li></ul><ul><li>Was the level of discipline reasonably related to the seriousness of the offense and the past record? </li></ul>
    9. 9. STAFF ISSUES <ul><li>What is just cause for demotion/dismissal? </li></ul><ul><ul><li>Incompetence </li></ul></ul><ul><ul><li>Insubordination </li></ul></ul><ul><ul><li>Unprofessional conduct </li></ul></ul><ul><ul><li>Absenteeism </li></ul></ul><ul><ul><li>Crimes against employer </li></ul></ul><ul><ul><li>Intoxication and disruptive behavior </li></ul></ul>
    10. 10. STAFF ISSUES <ul><li>Incompetence alleged? </li></ul><ul><ul><li>Tenure Commission looks at …. </li></ul></ul><ul><ul><ul><li>Existence of clear professional standards </li></ul></ul></ul><ul><ul><ul><li>Standards applied without discrimination </li></ul></ul></ul><ul><ul><ul><li>Number and quality of evaluations </li></ul></ul></ul><ul><ul><ul><li>Skill of evaluator </li></ul></ul></ul><ul><ul><ul><li>Specific suggestions/recommendations made </li></ul></ul></ul><ul><ul><ul><li>Time and assistance provided to improve </li></ul></ul></ul><ul><ul><ul><li>Negative adverse affect on students </li></ul></ul></ul><ul><ul><ul><li>Parental complaints </li></ul></ul></ul>
    11. 11. STAFF ISSUES <ul><li>Teachers who commit a crime </li></ul><ul><ul><li>Depends on the crime </li></ul></ul><ul><ul><li>Michigan School Safety Legislation </li></ul></ul>
    12. 12. STAFF ISSUES <ul><li>TEACHERS' TENURE (EXCERPT) Act 4 of 1937 (Ex. Sess.) </li></ul><ul><li>38.101a Teacher rights subject to MCL 380.1230d and 380.1535a. </li></ul><ul><li>Sec. 1a. </li></ul><ul><li>The rights of a teacher on continuing tenure under this article are subject to sections 1230d(4) and 1535a(4) and (5) of the revised school code, 1976 PA 451, MCL 380.1230d and 380.1535a. For the purposes of this article, a conviction of a violation of section 1230d of the revised school code, 1976 PA 451, MCL 380.1230d, or a violation of 1 of the crimes listed in section 1535a(1) of the revised school code, 1976 PA 451, MCL 380.1535a, is considered to be reasonably and adversely related to the ability of the person to serve in an elementary or secondary school and is sufficient grounds to support the discharge or demotion of a teacher on continuing tenure. </li></ul><ul><li>History: Add. 2005, Act 124, Eff. Jan. 1, 2006 Popular Name: Teachers' Tenure Act </li></ul>
    13. 13. STAFF ISSUES <ul><li>Staff must report within three days if charged with a crime listed in the school code </li></ul><ul><li>If convicted of a listed offense, no employment </li></ul>
    14. 14. STAFF ISSUES <ul><li>Corporal Punishment Statute </li></ul><ul><ul><li>deliberate infliction of physical pain by hitting, paddling, spanking, slapping, or any other physical force used as a means of discipline </li></ul></ul><ul><ul><li>Not permitted </li></ul></ul><ul><ul><li>However……. </li></ul></ul>
    15. 15. STAFF ISSUES <ul><li>You may use reasonable physical force to maintain order and to provide an environment conducive to safety and learning </li></ul><ul><li>You may use reasonable physical force to…… </li></ul>
    16. 16. STAFF ISSUES <ul><li>(a)To restrain or remove a pupil whose behavior is interfering with the orderly exercise and performance of school district or public school academy functions within a school or at a school-related activity, if that pupil has refused to comply with a request to refrain from further disruptive acts. </li></ul><ul><li>(b) For self-defense or the defense of another. </li></ul><ul><li>(c) To prevent a pupil from inflicting harm on himself or herself. </li></ul><ul><li>(d) To quell a disturbance that threatens physical injury to any person. </li></ul><ul><li>(e) To obtain possession of a weapon or other dangerous object upon or within the control of a pupil. </li></ul><ul><li>(f) To protect property. MCL 380.1312 </li></ul>
    17. 17. STAFF ISSUES <ul><li>Teachers and Medical Issues </li></ul><ul><ul><li>Look to your contract </li></ul></ul><ul><ul><li>Can the teacher perform the essential duties of their job? </li></ul></ul><ul><ul><li>Consider ADA implications </li></ul></ul><ul><ul><li>Dialog with the teacher </li></ul></ul>
    18. 18. STAFF ISSUES <ul><ul><li>750.539c Eavesdropping upon private conversation. </li></ul></ul><ul><ul><li>Sec. 539c. </li></ul></ul><ul><ul><li>Any person who is present or who is not present during a private conversation and who wilfully uses any device to eavesdrop upon the conversation without the consent of all parties thereto, or who knowingly aids, employs or procures another person to do the same in violation of this section, is guilty of a felony punishable by imprisonment in a state prison for not more than 2 years or by a fine of not more than $2,000.00, or both. </li></ul></ul>
    19. 19. Staff Issues <ul><li>750.539d Installation, placement, or use of device for observing, recording, transmitting, photographing or eavesdropping in private place. </li></ul><ul><li>Sec. 539d. </li></ul><ul><li>(1) Except as otherwise provided in this section, a person shall not do either of the following: </li></ul><ul><li>(a) Install, place, or use in any private place, without the consent of the person or persons entitled to privacy in that place, any device for observing, recording, transmitting, photographing, or eavesdropping upon the sounds or events in that place. </li></ul><ul><li>(b) Distribute, disseminate, or transmit for access by any other person a recording, photograph, or visual image the person knows or has reason to know was obtained in violation of this section. </li></ul><ul><li>(2) This section does not prohibit security monitoring in a residence if conducted by or at the direction of the owner or principal occupant of that residence unless conducted for a lewd or lascivious purpose. </li></ul><ul><li>(3) A person who violates or attempts to violate this section is guilty of a crime as follows: </li></ul><ul><li>(a) For a violation or attempted violation of subsection (1)(a): </li></ul><ul><li>(i) Except as provided in subparagraph (ii), the person is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. </li></ul><ul><li>(ii) If the person was previously convicted of violating or attempting to violate this section, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both. </li></ul><ul><li>(b) For a violation or attempted violation of subsection (1)(b), the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both. </li></ul><ul><li>(4) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate subsection (1)(a) or (b). </li></ul>
    20. 20. STAFF ISSUES <ul><li>Inappropriate behavior between teacher and student </li></ul><ul><ul><li>Check board policies/contracts </li></ul></ul><ul><ul><li>Talk with teacher to get full story </li></ul></ul><ul><ul><li>Generally frowned upon to have staff involved in personal lives of students </li></ul></ul><ul><ul><li>Discipline, if warranted </li></ul></ul><ul><ul><li>Crime in Michigan for teacher to have sexual relations with a student </li></ul></ul>
    21. 21. STAFF ISSUES <ul><li>American with Disabilities Act </li></ul><ul><ul><li>A physical or mental impairment that substantially limits a major life activity </li></ul></ul><ul><ul><li>Major life activity: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working. </li></ul></ul>
    22. 22. STAFF ISSUES <ul><li>Engage in interactive discussion with employee to determine possible reasonable accommodations </li></ul><ul><li>Accommodation can not pose “undue hardship” on the employer </li></ul><ul><li>Accommodation does not have to be the one the employee wants; where more than one accommodation would work, the employer may choose the one that is less costly or that is easier to provide. </li></ul><ul><li>Reasonable accommodations are to allow disabled employee to enjoy equal employment opportunities </li></ul>
    23. 23. GENERAL ISSUES <ul><li>Residency </li></ul><ul><ul><li>Students may register in the district of either parent </li></ul></ul><ul><ul><li>Districts may allow students to select which building to attend within a district </li></ul></ul>
    24. 24. GENERAL ISSUES <ul><li>Gross Negligence </li></ul><ul><ul><li>School employees afforded governmental immunity from tort liability </li></ul></ul><ul><ul><li>Tort is a civil wrong in which a person has a duty, that duty is breached, the breach is the proximate cause of an injury </li></ul></ul><ul><ul><li>Torts: Negligence,defamation, IIED, false imprisonment, assault, battery, invasion of privacy, wrongful death </li></ul></ul>
    25. 25. GENERAL ISSUES <ul><li>Tort Immunity Requirements </li></ul><ul><ul><li>Individual acts or reasonably believes he/she is acting within the scope of authority </li></ul></ul><ul><ul><li>Conduct is not grossly negligent … </li></ul></ul>
    26. 26. GENERAL ISSUES <ul><ul><li>Employment Issues </li></ul></ul><ul><ul><ul><li>At-will employees can be dismissed for any non-discriminatory reason </li></ul></ul></ul><ul><ul><ul><li>Best practice to follow a process </li></ul></ul></ul><ul><ul><ul><li>Be sure to check your policies and handbook or any statements made to the employee… they may provide more protection </li></ul></ul></ul><ul><ul><ul><li>Generally, if there is an employment contract, employee can only be terminated for the reasons in the contract </li></ul></ul></ul>
    27. 27. GENERAL ISSUES <ul><li>Hiring practices </li></ul><ul><ul><li>Usually a Board policy or contract will govern practices </li></ul></ul><ul><ul><li>Can not be discriminatory </li></ul></ul><ul><ul><li>Administrator Certification </li></ul></ul><ul><ul><ul><li>Michigan does not require it </li></ul></ul></ul><ul><ul><ul><li>Has re-instituted the ability of administrators to get certification </li></ul></ul></ul>
    28. 28. GENERAL ISSUES <ul><li>Family issues </li></ul><ul><ul><li>Divorced parents and FERPA </li></ul></ul><ul><ul><ul><li>An educational agency or institution shall give full rights under the Act to either parent, unless the agency or institution has been provided with evidence that there is a court order, State statute, or legally binding document relating to such matters as divorce, separation, or custody, that specifically revokes these rights. </li></ul></ul></ul>
    29. 29. GENERAL ISSUES <ul><li>Family Issues </li></ul><ul><ul><li>DHS Investigation </li></ul></ul><ul><ul><ul><li>Required to immediately report to DHS if you have reason to suspect child abuse or neglect. </li></ul></ul></ul><ul><ul><ul><li>Reporter not required to “make a case” </li></ul></ul></ul><ul><ul><ul><li>DHS responsibility to investigate </li></ul></ul></ul><ul><ul><ul><li>You must provide DHS access to the student at school without parental consent </li></ul></ul></ul>
    30. 30. RESOURCES <ul><li>Michigan laws can be found at www.michiganlegislature.org Do a basic MCL search </li></ul><ul><li>State protocol on Child Abuse at http://www.michigan.gov/documents/dhs/DHS-Pub-794_206830_7.pdf </li></ul><ul><li>MDE Website with links for school safety, child protection act, revised school code, teacher tenure act and many more sites http://www.michigan.gov/mde/0,1607,7-140-6530_6564_35176---,00.html </li></ul>

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