2019-2020 Legal Updates For Educators

Legal Updates for the 2019-2020 School Year- Notes from July 26 EdCounsel Seminar 

Virtual Education: 

A recent lawsuit is attempting to force a local district and DESE to accept courses from vendors who  are not currently approved by DESE. Districts are currently required to assume the cost of virtual instruction. Districts are encouraged to create guidelines to be applied when determining “best educational interest” on a case by case basis. Current statute only requires districts to pay for courses offered through MOCAP approved  providers. Responding to requests for virtual instruction is not clear cut and may be more complex for students with disabilities. Some non approved vendors are actively recruiting families to enroll in their programs. Local districts should be prepared to educate themselves on how to best respond to these requests. 

**update-courts ruled in favor of the family's request

Juuling: Missouri law prohibits minors from  possessing juul devices just as it does cigarettes. Districts have every right to prohibit e-cigarettes and vaping devices. Most districts have adopted policy updates that prohibit vaping devices but not all districts have updated handbooks to match policy. Districts are encouraged review their handbooks. Consequences for vaping vary from district to district. Because juuls can be used to deliver THC and CBD, districts should be thoughtful in their responses. Districts are reminded that school personnel have a lower standard for initiating a search than law enforcement. A search must begin with reasonable suspicion but it must be limited in scope. District personnel can not create the circumstances which lead to reasonable suspicion. Searches must not occur in front of other students and should only be done with two school employees. When a device is confiscated from a student who is a minor, it should be disposed of. If a student is not a minor it should be returned at the end of the day- unless the device is suspected of being used to deliver THC or CBD.  

Google and Data Breaches:

Employees who have access to student information should have a legitimate educational reason to have access, according to FERPA. If they disclose information, the district is liable for a data breach. Missouri statute requires districts to notify parents and the state auditors office in the event of a data breach. Districts should be very careful about sharing Google Sheets with student information. Educators should not copy or share their entire school google drive with their personal google drive. Google Take Out is an application that would make it easy for a person to perhaps unintentionally create a data breach. Districts are encouraged to purchase cyber insurance. 

Manifestation Determination Issues:

Manifestation determination meetings must always be held if a district suspends a student for more than ten days in one school year- if the student has a 504, IEP, or suspected disability. 

Medical Marijuana and CBD

In 2019 the Missouri Department of Health finalized regulations. Individuals must have a patient identification card to use medical marijuana. Schools should still comply with federal drug free workplace regulations. Federal laws require schools remain drug free. Schools can not be compelled to administer medical marijuana to students even if they have a patient identification card. In the event an employee fails a drug test but they have a prescription, the district should consult an attorney. Employees who exhibit behaviors associated with being under the influence on school property should be disciplined in a similar manner as an employee who presents themself as being under the influence of alcohol. Students who test positive on a random drug test who have a prescription should not be disciplined. Students who are under the influence at school should be disciplined.

CBD oil is different than medical marijuana. CBD oil is a developing area of law and should be handled with advice from an attorney. Districts should not permit students to self administer or possess CBD oil in school. Following policies on other medicines is best practice when dealing with CBD oil.