School law may be the most dynamic factor affecting educators. Every year courts set new precedents. Below are a few notes on cases discussed at the Mickes Goldman O'Toole school law seminar on July 26.
Estate of Smith v. Brown Local School District (2015):
The case centered on the school's efforts to warn parents of a student's risk of suicide. Ethics require educators share concerns about suicide with families. The reality of litigation demand these efforts in communication be documented. Schools should have clear protocols for dealing with students who present a risk of suicide.
McArdle v Town of Dracult/Dracult Public Schools (2013):
The case warns districts to consider time spent outside the school day, when considering if an employee has reached the 1,250 hour mark to receive FMLA benefits. Teachers will likely meet this mark quicker than the typical employee that works eight hour days. Teachers won't have these hours documented as employees who receive overtime do.
Obergefell v. Hodges (2015):
The Supreme Court ruling on same sex marriages means districts must extend FMLA leave to employees to care for same sex spouses, even if they were married in a state that recognized same sex marriages before the district's state was required to do so by the ruling. FMLA benefits do not extend to un-married partners.
K.M. v. Tustin USD (2014):
The case involved a parent's request for a CART system for a hearing impaired child, when the district recommended an FM system. The court ruled in favor of the parents. The case reminds districts that an IEP team's determination of FAPE may not shield a district from 504 or ADA Title II litigation. Districts must document consideration of parent's requests and reasonable alternatives. Districts may need to prove a request substantially alters their programs.
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