Recent developments in school law may impact educators during the 18-19 school year.
Notes from EdCounsel school law seminar, July 27, 2018.
Senate Bill 1007: Employee Speech
This law limits the ability of districts to take action against employees who are publicly critical of districts. Administrators should seek legal advice before addressing employees who post criticisms on social media.
Student on Student Harassment
A recent Missouri court ruling found that districts are not places of public accommodation under the MHRA. A related case is currently being appealed to the Missouri Supreme Court; however, school districts are less likely to be viewed as a “person” and will not be as likely to be named in certain lawsuits. As long as districts follow policies which address student harassment, they will be in a stronger position than in years past.
HB1413: Collective Bargaining
Districts with collective bargaining agreements must review their policies and practices in light of this new law. The law creates grey areas for districts without collective bargaining agreements that utilize salary committees. Teacher unions and associations are weakened and teacher representation committees may have to meet additional bureaucratic regulations.
Surveillance Video Requests
FERPA guidance evolving to expand parental access to videos from bus or security cameras. Administrators must carefully consider requests and balance the interests of all students in the video.
Prevailing Wage
HB1729 allows for more flexibility to districts for projects under $75,000. If a change order pushes the total over $75,000, prevailing wage will only be paid on the portion over $75,000.00. Projects under $75,000 must pay a “public works contracting minimum wage,” and any bid documents for projects over $15,000 to push responsibility onto contractors instead of the district.
Student Speech/Violent Threats
The 2017 Criminal Code treats violent threats as a “terrorist act.” Courts are not responsive to first amendment claims in response to public threats. If a district can not prove a statement was a true threat the Tinker standard, allowing districts to police disruptive speech and conduct, still applies.
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