Legal Issues Impacting Educators in 2016/17

A few notes from two school law seminars: Mickes O'Toole, July 31; EdCounsel, July 29.

Student Data:
There is increasing pressure on schools to protect student data. The Missouri State Auditor's office is auditing schools' data security measures. Schools must be able to identify the individuals, policies, and practices that are used to protect student data.

Payroll:
FLSA regulations now require that "salaried" employees must be paid $47,476 a year, or have their hours tracked and be paid for overtime. The regulations do not apply to teachers, but this could impact non-certificated employees.  Every school employee is vital to serving students and all deserve fair compensation, but districts will be forced to hire additional employees to eliminate the need for overtime or raise salaries and expectations. Both measures will redirect funds that might go directly to instruction. It's unlikely that state/federal revenues will be adjusted to address this need so district leaders must be prepared to think strategically.

Reporting of Assaults:
Missouri schools have been required to report assaults to law enforcement for student interactions that did not result in injuries and may not have been motivated by malicious intent. Beginning January 2017, the threshold for reporting assaults will be higher. Interactions where students knowingly cause physical injury will be reported as assaults.  Districts should review their policies for reporting.

Transgender:
No other issue is as unsettled as the support for transgender students in public schools. While some legal advisors encourage adaptation of specific policies, all attorneys rightly acknowledge that no court with authority over Missouri has ruled on the issue. Adopting a policy may not be appropriate at this time.  Whether a district adopts a policy or not, educators must be prepared to work with parents and students to ensure expectations, supports, and protections are well communicated.

Bullying and Suicide Prevention:
House Bill 1583 tightens expectations for districts regarding the response to bullying.  With this law and the increasing trend of suits being brought against districts for failing to properly address bullying and harassment, districts must be more vigilant in documenting how bullying complaints are addressed. Efforts to address complaints that do not include punishment (student conferences and parent notification) should be carefully documented, especially in incidents of cyberbullying. Often cyberbullying takes place outside school hours on student owned devices. Schools may find it difficult to punish students for many of these incidents, but best practice will be to document efforts made to communicate to parents or appropriate law enforcement agencies.  School personnel who observe bullying must report it within two days. Investigations must be complete in ten days.

SB 638
Senate bill 638 enacts requirements for civics education, the constitution project, dyslexia, and the pledge of allegiance.

Flexibility Allowed For Civics Teachers In Meeting New Requirements

This summer Governor Nixon signed into law legislation requiring all students who begin high school after July 2017 to pass a civics test to graduate. According to the legislation, the test should be similar to the tests immigrants must pass to gain citizenship.  While I definitely see the need for a renewed focus on citizenship in our country- for everyone, not just high school students- I wish the legislature recognized there other ways to demonstrate knowledge than a test. It is refreshing; however, that the state has allowed local educators to have flexibility in crafting the test. There will not be another "one size fits all" test required in the spring. Educators will be allowed choose when and how the test will be administered, as well as assign the cut scores.  I'm thankful the legislature trusted local educators enough to provide some flexibility in determining how this important knowledge is assessed.

Help Getting Started: DESE's New Superintendent Meeting

This week I attended DESE's workshop for new superintendents.  The experience was well worth the time. Presenters took time to explain the tool schools use to report data and apply for funding for federal programs.  An official took time to help me with my account to ensure I could access everything my district needs. The day also included information and guidance on budgets, teacher development, mentoring programs, and legislative changes that will affect schools this year. While the information was important, the connections I made that day were even more valuable. I sat at a table with five other first year superintendents in my area, as well as the regional DESE supervisor. The overall tone of the day was encouraging and supportive. Direct numbers to the folks who administer specific programs were made available, which was very helpful because the very next day I found myself calling an office for help with my first submission. I was relieved to find the same supportive approach on the other end of the line. The day before I lost track of how many times I heard the phrase, "We want you to be successful." After getting the support I needed, I believed the sentiment would be followed up with action.

This year I will be on a journey that will include many firsts, but I am much more confident after spending a day with the men and women who will be there to help.