SAI Annual Conference 2015

1. SAI Annual Conference 2015 Matt Carver, J.D., Legal Services Director tel - 515.267.1115 fax - 515.267.1066 Email – mcarver@sai-iowa.org

2. School Child Care Centers – HF 347 • This bill states that the Department of Human Services will now be the only state agency responsible for handling licenses of child care programs. • Districts with child care centers ARE required to be licensed by DHS NLT January 1, 2016. The sooner the better, as staff is limited. Remember that some programs are exempt! • Pursuant to Iowa Code §237A.5, all employees in child care centers must have a physical examination (WHICH INCLUDES A COMMUNICABLE DISEASE TEST) taken within 6 months prior to beginning employment and every 3 years thereafter.

3. School Child Care Centers – HF 347 • DHS’s background checks include both state and federal criminal checks, as well as child and dependent adult abuse checks. • If you have questions, call: Todd Savage at 515-281-6745 email – tsavage@dhs.state.ia.us Heidi Brown (out of Muscatine) at 563-263-9302 email – hbrown@dhs.ia.us .

4. Iowa Quality Preschool Program Standards As a reminder . . . . . • Iowa Quality Preschool Program Standard 10.17 - Programs maintain current health information from documented health assessments for all paid staff and for all volunteers who work more than 40 hours per month and have contact with children. A current health assessment (not more than one year old) is received by the program before an employee starts work or before a volunteer has contact with children. The health assessment is updated every two years.Documented health assessments include: • (1) immunization status • (2) capacities and limitations that may affect job performance • (3) documentation by a licensed health professional of TB skin testing using the Mantoux method and showing the employee to be free from active TB disease. • POC – Penny Milburn, DE Consultant, 515-281-7844, email – penny.milburn@iowa.gov

5. Public Officials Contact Information– HF 550 • This bill requires school districts to provide official contact information for its elected members (such as board members) and to publish that information on their website. • “Contact information” is defined as a telephone number or an email address. • Information is required on the district’s website within 30 calendar days of a board member swearing to an oath of office.

6. Protection from Liability– HF 570 • This bill creates liability protection for governmental entities, including school districts, for activities that take place on property designed for recreational activity. • This legislation exempts public entities from liability associated with the normal risks inherent in a given activity when the injured party was voluntarily participating in the activity and knew or should have known of the risks.

7. Broadband Expansion – HF 655 • Establishes a grant program to award grants to communication service providers for the installation of broadband infrastructure to school buildings, in an effort to expand high speed Internet throughout Iowa.

8. Board Vacancy Notice – HF 658 • Adds a requirement for local school boards to publish notice of intent to fill a vacancy on the school board by appointment and that the electors of the school district have the right to file a petition requiring that the vacancy be filled by a special election. • The board may publish notice in advance if a member of the board submits a resignation to take effect at a future date. • The board may make an appointment to fill the vacancy 15 days after the notice is published or after the vacancy occurs, whichever is later.

9. BoEE Licensing – SF 131 • The BoEE now performs background checks as part of any license renewal.

10. BoEE Mandatory Reporting • Disciplinary action in the following areas: • (1) soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student; • (2) falsifying student grades, test scores, or other official information or material; and • (3) converting public property to the personal use of the school employee.  • Disciplinary actions that trigger the reporting requirement include written reprimands, written warnings, job separation agreements, resignations, non-renewals, or terminations resulting from conduct in the three listed areas. • School officials must also report nonrenewal, termination, or resignation based on conduct that, if proven, would be a disqualifying criminal offense (certain forcible felonies and sexual offenses involving children).  • POC - Darcy Lane, at 515-242-6506, email – darcy.lane@iowa.gov

11. School Start Date– SF 227 • This bill states that school districts shall not start school before August 23rd. • It also states that districts may apply for a year around school waiver for pre-k though 8th grades.

12. Use of Epinephrine in Schools – SF 462 • This bill allows districts and non-public schools to obtain a prescription for epinephrine auto-injectors and maintain a supply of epi-pens in a secure location for potential use on students or other individuals who may have an anaphylactic reaction. • The bill expands the immunity language already in place, to further protect school officials from liability.

13. Use of Epinephrine in Schools – SF 462 • It also clarifies that a student may, upon request to the district, self-administer an epi-pen. Districts have the ability to revoke that right if a student abuses the privilege. • Self-administration approval must be renewed each school year and school officials must inform parents/guardians if the privilege is revoked. • This is an addition to Iowa Code §280.16 which already included language concerning the self-administration of medicine.

14. Iowa Cases • State of Iowa v. Lindsey, (Iowa Ct. App. 2015). • Facts: • Mar’Yo Lindsey appealed his judgment and sentence for possession of a firearm, controlled substances, and other charges. • Lindsey argued that the district court should have granted his motion to suppress evidence obtained in the search of a school-issued gym bag. • Lindsey suffered a serious injury in a Dunkerton football game. Superintendent Jim Stanton called an ambulance to take him to a hospital. On learning he would have to be hospitalized, Lindsey asked Stanton to have his friend take his equipment bag. Lindsey seemed more concerned about the bag than his own health. • At the high school, Superintendent Stanton searched the bag and found a loaded firearm and drug paraphernalia. • Lindsey argued this search was unreasonable and violated his 4th Amendment rights.

15. Iowa Cases • State of Iowa v. Lindsey, (Iowa Ct. App. 2015). • The Iowa Court of Appeals held: • While searching a school-issued bag still implicates the 4th Amendment, school officials were reasonable in doing so. • Factors considered: • (1) Student athletes using a school-issued bag have a lowered expectation of privacy. • (2) School officials knew Lindsey was previously suspended for possession of drug paraphernalia and subject of weapons charges. • (3) Lindsey’s preoccupation with his bag in the face of his hospitalization for a serious injury would have led a reasonable person to suspect the bag contained something elicit.

16. Iowa Cases • State of Iowa v. Lindsey, (Iowa Ct. App. 2015). • Some other things to consider: • (1) Dunkerton has signs posted at its high school building that bags are subject to search. • (2) Dunkerton’s student handbook clearly articulates that bags and other personal areas may be searched. • (3) The bag was ultimately searched on Dunkerton school property. • [Remember that reasonable suspicion is still the standard, but each of the above considerations may have contributed to greater school authority and reduced privacy rights for the student.]

17. Federal Cases • Strough vs. Bedford Community School District, et al. (S.D. Iowa 2015) • Kacey Strough had a pre-existing medical condition known as “cavernous malformation”(abnormally formed blood vessels in the brain). This caused bleeding in his brain, but he continued to practice and play football. • The jury awarded nearly $1 million in damages after finding that the school nurse was negligent in failing to notify coaches of the student’s potential concussion or brain injury and failing to follow up with his grandmother/guardian, to ensure he was seen by a doctor.

18. Federal Cases • Strough vs. Bedford Community School District, et al. (S.D. Iowa 2015) • Lessons Learned: • (1) When in doubt, school employees should withhold poorly conditioned, potentially injured or ill students from athletic competition or other school activities. (Consider the impact of a student joining a team late.) • (2) Ensure a process is in place for nurses to communicate relevant health concerns with coaches and parents/guardians. • (3) Instruct nurses and other school employees to keep a log of communications with other employees and parents/guardians about student health issues. • (4) Encourage coaches to take attendance at practices.

19. Athlete Brain Injuries • Iowa Code §280.13C (adopted in 2011) • “Extracurricular interscholastic activity” includes contests and practices for sports, dance, or cheerleading. • Requires parents/guardians and students to ANNUALLYsign and return a notice developed by the Association and Union about the signs, symptoms and risks of brain injury PRIOR to the student’s participation in athletics for grades 7-12.

20. Athlete Brain Injuries • Requires coaches and officials to remove an athlete from participation if the coach or official observes signs or symptoms of a concussion or brain injury. • Athletes must be released by a “licensed health care provider”before participating again. • “Licensed health care provider”means a physician, physician assistant, chiropractor, advanced registered nurse practitioner, nurse, physical therapist, or athletic trainer licensed by a state approved board. • The Association and Union guidance for schools, may be found at: • http://www.iahsaa.org/Sports_Medicine_Wellness/Concussions/concussions.html.