SAI 2015 Superintendent– Mentor/Mentee Meeting Top 5 Legal Issues this Fall

1. SAI 2015 Superintendent–Mentor/Mentee MeetingTop 5 Legal Issues this Fall Matt Carver, J.D., Director of Legal Services tel - 515.267.1115 fax - 515.267.1066 Email – mcarver@sai-iowa.org

2. Top 5 Legal Issues 5. Can’t we all just get along?! • Remind staff members that others in the community are monitoring their social media pages. • It does not set a positive tone or create a culture of trust in the building when staff members are criticizing each other on Facebook or social media sites. • All staff members need to know that their speech on social media is not protected if it creates inefficiency in the workplace. • Without accusing anyone in your building about acting inappropriate, it may be a good time for you to discuss best practices to resolve complaints or issues between staff members. • Also remind them not respond or like/favorite inappropriate comments of other community members.

3. Top 5 Legal Issues 4. Parent sex offenders on school property. • Remember, if the parent or other visitor’s offense was against an adult, then s/he has the same right to be on school property as any other visitor in that particular category. • Whether the offense was against a minor or an adult, the district may restrict volunteer or employment opportunities. • Even if the offense was against a minor, the parent is able to take the reasonable time necessary to drop his/her child off at school or pick him up. • If the offense was against a minor, then the offender needs written permission to be in the building or at an activity, unless one of the exceptions applies (e.g., voting, dropping off kids, etc.).

4. Top 5 Legal Issues 3. Communicate with parents/guardians, students, staff, and board members. • Get in the habit of meeting with even the most difficult parents, if you foresee a problem surfacing. • Don’t attempt to solve parent disputes over email, unless there is a necessity to make a written record of your position or actions. • Determine who places items on the board’s agenda. • UNDERSTAND THAT COMMUNITY MEMBERS DO NOT HAVE A RIGHT TO BE PLACED ON THE BOARD’S AGENDA!

5. Top 5 Legal Issues 2. The key to tuition-free attendance is whether the student is living in your district to make it a home and is not there solely for school purpose. • While it is ideal for the student to be living with a guardian or someone with power of attorney, s/he does not need to be with such an adult to establish residency. (Consider the custody order) • Do not hesitate to communicate with administrators in the student’s past district or where you believe the student may actually reside. • Asking the parents a series of questions may help to sort out whether the family is actually living in your district. • There is nothing wrong with requiring some proof of residency (e.g., bill, lease) [private information may be redacted]

6. Top 5 Legal Issues 1. Ensure that you are following Iowa’s open meetings laws (Chapter 21 of the Iowa Code) • Remember, student matters are typically in closed session unless requested otherwise. • Discussion of employees in closed session may not typically occur without a request from that employee. • Board votes must occur in open session. • Warn the board about not discussing matters in closed session that are unrelated to the legitimate reason they have gone into closed session. • Record closed sessions and then seal the tape/recording.