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.