SAI Annual Conference 2010

1. SAI Annual Conference 2010 Matt Carver, J.D., Legal Services Director tel - 515.267.1115 fax - 515.267.1066

2. Legislative Update • Rebuild Iowa Infrastructure Bill - SF 2389 • Does your districtuse Rebuild Iowa funds for construction? • IF SO. . .you are required to maintain paper copies of a project’s contract documents, including all drawings, plans, specifications, and estimated costs of the proposed project AND make them available for distribution, at NO CHARGE to prospective bidders and others for review. • Districts may charge a DEPOSIT of NO MORE than $250 per set of documents

3. Legislative Update • Education Appropriations Bill - SF 2376 • BoEE • Requires that a BoEE complaint is provided to the educator BEFORE THE INVESTIGATION BEGINS, if jurisdictional requirements were met • IASB • Requires that school boards report to the community and the DE • (1) the amount of annual dues paid to IASB • (2) the amount of revenue or dividend payments received for services received from the association or its affiliated for-profit entities • (3) any products or services that are received as part of membership

4. Legislative Update • Education Appropriations Bill - SF 2376 • Home School Assistance Program (HSAP) • Allows HSAP funds to be used for direct expenses including support staff time directly related to administering the program. • Prohibitsuse of HSAP funds for indirect expenses: • building costs • administrative time • transportation (unless associated with a field trip) and capital expenditures. • [Check out new Iowa Code §299A.12 for more HSAP details]

5. KNOCK on DESK POINT #1 • Make sure staff understand critical policies, such as your search and seizure and technology use policies • CONSIDER HAVING STAFF SIGN OR INITIAL THAT THEY HAVE REVIEWED AND UNDERSTAND SUCH POLICIES • Also, review critical policies every year in front of the whole staff

6. Legislative Update • Education Appropriations Bill - SF 2376 • Combined Salary Schedule & TSS • Effective July 1, 2010 • Chapter 279 teacher contracts must include the combined salary. • EXEMPTS Teacher Salary Supplement (TSS), Early Intervention, and Professional Development funds from future across-the-board cuts • Prohibits these funds from being used to make up the shortfall in funding for FY 2011

7. Legislative Update • Education Appropriations Bill - SF 2376 • Combined Salary Schedule & TSS • If a school district or AEA uses a salary schedule, a combinedsalary schedule shall be used for: • (1) Regular wages, AND, • (2) Supplements under sections 257.10 (TSS and Professional Development Supplement) and 257.37A (AEA supplements). • PERB just ruled in favor of Glenwood that wage proposals that take into consideration separate funding sources such as TSS are mandatory topics of bargaining. Otherwise, PERB stated there would be a conflict between Chapter 20 & Chapter 284. • Glenwood had a combined salary schedule with a generator base and a supplemental salary base

8. TSS & 10% Across-The-Board-Cut • ISEA filed a Petition with the Iowa DE • Both SAI and IASB intervened and filed collective briefs in the matter • Issue: Whether the Teacher Salary Supplement (“TSS”) was subject to the Governor’s 10% across-the-board-cut • The DE issued a Declaratory Order finding that TSS funds are subject to the cut • ISEA filed a Petition in Polk County District Court, in which SAI and IASB intervened

9. TSS & 10% Across-The-Board-Cut • On July 20, 2010, Polk County District Court found: • 1) TSS funds are subject to the across-the-board cut, due to the clear language of the statute (Iowa Code § 257.10(9) • 2) The amendment of language in Iowa Code §§ 257.16 and 284.3A under SF 2376 was a change and not a clarification of the law • 3) While SF 2376 exempts TSS from future cuts, it does so from July 1, 2010, AND IS NOT RETROACTIVE

10. Legislative Update • Expansion of Textbook Definition - SF 2178 • Concerns use ofstate funds allocated to school districts to make textbooks available to accredited nonpublic school students • Expands the definition of textbooks to include: • (1) electronic textbooks • (2) laptop computers • (3) other portable personal computing devices • Only for nonreligous instruction

11. Legislative Update • Election Law Updates - SF 2194 • Allows districts to submit Physical Plant and Equipment Levy (PPEL) with an income surtax to voters at: • (1) the regular school election, and • (2) all other authorized special elections • Previously, a PPEL with an income surtax could only be brought before voters once every two years

12. Legislative Update • Sex Offender Law - SF 2305 • Clarifies that schools and their employees are immune from liability for acts or omissions arising from a good faith effort to comply with sex offender laws • Just remember not to act maliciously toward sex offenders or with deliberate indifference regarding the protection of kids • Err on the side of protecting kids

13. Legislative Update • Notification of Alcohol Violations - HF 788 • Eliminates the requirement that law enforcement officers notify school officials when minors commit underage drinking violations • INSTEAD, juvenile court officers shall make a reasonable attempt to notify the minor’s elementary or secondary school, as well as the superintendent or superintendent’s designee • A reasonable attempt to notify the person includes but is not limited to a telephone call or notice by first-class mail

14. Legislative Update • Cash Reserve Levy - HF 2030 • Gives the SBRC (School Budget Review Committee) the authority to prohibit a school district with excessive cash reserves from levying for additional cash reserves until the balance is reduced to 20 percent of the ending fund balance • This bill was effective upon enactment

15. KNOCK on DESK POINT #2 • (2) Figure out where money is in your building/district and ensure there are checks and balances • I don’t care how long the employee has worked in the district, how sweet s/he is, or whether s/he seems like the most trustworthy employee in the district • As one former Iowan once said: “Trust, but verify.” • About 80% of recent embezzlement cases have related to gambling debt • Have someone check to see if your district has enough fidelity insurance coverage

16. Legislative Update • School Closures - HF 2144 • SCHOOL CLOSURES - Gives the Iowa Department of Public Health the ability to close a school to control the transmission of disease

17. Legislative Update • Iowa Youth Survey - HF 2144 • WHAT? - Schools should assist Iowa DPH in the administration of the Iowa Youth Survey. • WHEN? -Every two (2) years. • TO WHOM?Students in grades six, eight, and eleven in Iowa's public and nonpublic schools.

18. Legislative Update • Dental Screenings - HF 2144 • WHO? Only applies to enrolling kindergarteners AND all 9th graders, regardless of grade structure (8-9 school, middle school, high school, etc.) • Parents or guardians of kindergarteners shall provide evidence of the child having, at a minimum, a dental screening performed by a licensed physician, a licensed nurse, a licensed physician assistant, or a licensed dental hygienist or dentist. • WINDOW - Kindergarteners - Three years of age to no later than four months after enrollment • WHAT IF THEY DON’T PROVIDE A SCREENING? STILL ENROLL STUDENTS, even if this is not provided

19. Legislative Update • Dental Screenings - HF 2144 • Parents or guardians of 9th graders shall provide evidence of the child having, at a minimum, a dental screening performed by a licensed dental hygienist or dentist (Note - list of providers is smaller for 9th graders) • WINDOW - 9th graders - one year prior to enrollment to four months after enrollment date • Screenings performed by out-of-state providers are acceptable • By May 31 annually (changed from June 30), each local board shall furnish DPH with evidence of required dental screenings

20. Legislative Update • Veterans Day Off - HF 2197 • WHAT? Bill requires employers to give veterans Veteran’s Day off (November 11). The day off does not have to be paid. • PROCESS? The employee shall provide the employer with at least one month’s written notice of his/her request to take the holiday • WHAT ABOUT PROOF? Veterans must also provide the employer with a copy of his/her DD 214 (release from military) or other proof of veteran’s status

21. Legislative Update • School Business Managers Official Certification - HF 2461 • WHAT? Establishes a professional school business manager license • WHEN?Effective for new hires on or after July 1, 2012. Individuals will have two (2) years to meet the training requirements • WHAT ABOUT CURRENT MANAGERS? Business managers already practicing at that time, who meet BoEE requirements, do not have to take the training, but will have to participate in continuing education moving forward • An advisory committee will provide licensure and continuing education recommendations to the BoEE by December 31, 2010

22. Legislative Update • Driving Instructors - HF 2466 • Allows driving instructors who teach street and highway driving to get a license from the BoEE without having a teaching license • Classroom instructors must still have a teaching license

23. Legislative Update • IPERS - HF 2518 • Moves from a high three to a high five-year average for those employees not vested on July 1, 2012 • Increases the amount IPERS can raise contribution rates annually from 0.5 percent to 1 percent • On or after July 1, 2012, full vesting will require seven (7) years of service • Currently, members vest in four (4) years

24. Legislative Update • IPERS - HF 2518 • Increases early retirement penalties for vested members retiring before they reach age 65 (NOT 62) or Rule of 88 • Members vested on or before June 30, 2012, retirement reduced by .25% for each month on or before June 30, 2012, and .50% for each month after June 30, 2012 • Members vested after June 30, 2012, have retirement reduced by .50% per month

25. Legislative Update • IPERS - HF 2518 • Contribution rates • 7/1/10 - 6/30/11 • Members - 4.50% • Employer - 6.95% • Total - 11.45% • 7/1/11 - 6/30/12 • Members - 5.38% • Employer - 8.07% • Total - 13.45%

26. KNOCK on DESK POINT #3 • Work on adopting policy regarding staff interaction with students (texting, social networking, phone calls, etc.) • Have parents copied on text messages • Include parents and administrators as friends on class networking pages • If you are getting a bad gut feeling about staff and student interaction, look into it • Still give employees due process

27. Iowa Cases • V.H. and M.M. v. Hampton-Dumont Community School District, (Iowa App. 2009). • Facts: • A 21 year old assistant coach EXCHANGED TEXT MESSAGES with a 14 year old player and ended up in a sexual relationship with her. The family later informed school officials of the alleged offense. The superintendent met with the family and took notes. • The superintendent spoke with the coachlater that day and placed the coach on administrative leave • The superintendent informed the school board and some staff about the allegation, but did not share the student’s name

28. Iowa Cases • V.H. and M.M. v. Hampton-Dumont Community School District, (Iowa App. 2009). • Facts: • The family later went to the police, who started an investigation • The family alleged that: • (1) a teacher and a school board member’s spouse had been gossiping about the issue around town • (2) the board member and staff violated Iowa Code Chapter 22, concerning open and confidential records

29. Iowa Cases • V.H. and M.M. v. Hampton-Dumont Community School District, (Iowa App. 2009). • The court found that the superintendent’s notes were records “of” the school • The court upheld summary judgment on behalf of the school district because the superintendent did not rely on the notes in speaking with with the district’s board members and staff; rather, he relied on his own recollection • Iowa Code section 22.7 is a provision requiring certain “records” to be kept confidential. • Section 22.7 is not a general privacy law that prohibits public officials from discussing information from their recollection.

30. Iowa Cases • V.H. and M.M. v. Hampton-Dumont Community School District, (Iowa App. 2009). • Iowa Code § 915.36(1) prohibits any “public employee” from identifying a minor victim of sexual abuse • However, the family did not assert that claim in the suit • The court also noted that there is no private right of action under FERPA

31. Iowa Cases • V.H. and M.M. v. Hampton-Dumont Community School District, (Iowa App. 2009). • Lessons Learned: • (1) Personal notes may become student records • (2) Err on the side of protecting students, but remember due process rights of employee • (3) Like the superintendent here, do not share confidential information with individuals who do not have a need to know • (4) Remind board members and staff not to share confidential information with friends and family • (5) This all started with a staff member and student TEXTING

32. School Food Programs • School Food Authorities • Effective July 1 2010, SFAs were to be in full compliance with all USDA federal, State and local procurement laws and regulations • A July 23, 2010 memo from the Iowa DE to school officials emphasized requirements regarding purchasing food and supplies at food shows or through the SFA’s regular process AND what the SFA can and cannot purchase through the Iowa Educators Corporation’s vendor

33. School Food Programs • Iowa Educators Corporation & School Food Authorities • SFAs may only purchase, without going through a bidding process, any product or service from the IEC’s vendor that were identified in the 2007 market basket. • There are approximately 250 items in the market basket. • Items not in the market basket must be purchased through a bidding process, if SFAs wish to use non-profit school food service funds • In summary, procurement rules apply to SFAs, whether participating in a cooperative or buying as an independent SFA

34. School Food Programs • QUESTIONS??? • Iowa Department of Education contacts: • Patti Harding, Acting Bureau Chief <Patti.Harding@iowa.gov> • Mary Kay Madsen, Consultant <MaryKay.madsen@iowa.gov> • or contact your assigned Bureau Consultant

35. KNOCK on DESK POINT #4 • NEVER SEND ANYTHING ON EMAIL THAT YOU WOULD NOT WANT PRINTED IN THE SCHOOL NEWSLETTER • DOUBLE-CHECK RECIPIENTS • IF YOU ACCIDENTALLY SEND AN EMAIL LIKE THE ONE IN THE HEADSHAKER, LEARN QUICKLY HOW TO GROVEL

36. Minor Work Permits • Minors under the age of 16 must generally obtain a work permit, signed by the superintendent or the superintendent’s designee (as assigned in writing) (Iowa Code §92.11) • The school official should receive a written agreement from the employer, describing the industry and work to be performed • The school official should also have verification of the student’s age (similar to proof for enrollment in school - birth certificate not required, but may be used) • School is certifying to Workforce Development that the minor: • (1) is regularly attending school, and, • (2) the potential employment will not interfere with the person’s progress in school (Iowa Code §92.2)

37. Minor Work Permits • The work hours of persons under sixteen (16) years old, employed outside school hours, shall not exceed four (4) in one day or twenty-eight (28) in one week while school is in session (Iowa Code §92.7) • Students may work during school hours through a school-work program or school training • Minors under 16 may not generally work after 7:00 or 7:30 p.m. while school is in session (Iowa Code §92.2)

38. Minor Work Permits • Iowa Workforce Development (IWD) is making online child labor work permits available to all public and private Iowa schools.   • Online instructions are available, plus contact information from the pilot schools • There will also be telephone and in-person training sessions for school districts so that the system can be used statewide by the Fall 2010 school year.  

39. Minor Work Permits • To receive a user ID and password, as well as step-by-step instructions, email the following information to Gail A. Sheridan-Lucht, Iowa Workforce Development <gail.sheridan-lucht@iwd.iowa.gov> 1. School District 2. Superintendent 3. Issuing Officer Name 4. Issuing Officer Title 5. School 6. Street 7. City 8. Zip 9. Issuing Officer Phone 10. Issuing Officer Fax if available 11. Issuing Officer Email

40. Minor Work Permits • Contact information - Child Labor Work Permits Gail A. Sheridan-Lucht, Attorney for the Labor Commissioner       1000 E. Grand Avenue, Des Moines, IA 50319       515-281-6374 (telephone), 515-281-7995 (fax)       Email: gail.sheridan-lucht@iwd.iowa.gov

41. Iowa Teaching Standards • 281 Iowa Administrative Code 83.4 • Standard 1 - Demonstrates ability to enhance academic performance and support for implementation of the school district’s student achievement goals. • Model Criteria - The teacher: • a) Provides multiple forms of evidence of student learning and growth to students, families, and staff. • . . . • Standard 7 - Engages in professional growth. • Model Criteria - The teacher: • . . . • e) Provides an analysis of student learning and growth based on teacher-created tests and authentic measures as well as any standardized and district-wide tests.

42. Federal Cases (U.S. Supreme Court) • Palmer v. Waxahachie Independent School Dist., 130 S.Ct. 1055 (2010). Supreme Court declined to review the decision, 579 F.3d 502 (5th Cir. 2009). • Facts: • In 2007, Palmer sought permission to wear shirts with messages supporting the presidential campaign of John Edwards, as well as another shirt extolling free speech and the First Amendment. • School officials said the shirts violated a dress code banning all shirts with printed messages, except for small logos on shirts and administrator approved shirts that promote school clubs, organizations, athletic teams, or school spirit. • The dress code does allow political messages on buttons, pins, and wrist bands.

43. Federal Cases (U.S. Supreme Court) • Palmer v. Waxahachie Independent School Dist., 130 S.Ct. 1055 (2010). Supreme Court declined to review the decision, 579 F.3d 502 (5th Cir. 2009). • The family lost in both a federal district court and in the 5th Circuit, which ruled that the dress code's restriction on messages was a content-neutral regulation of speech. • The court said one goal of the school district with its dress code, "promoting
professional and responsible dress," was justifiable "because students are
prepared for a working world in which pins and buttons may be appropriate at work but large, stark political message T-shirts usually are not.” • The U.S. Supreme Court declined to hear the student’s appeal

44. Federal Cases (U.S. Supreme Court) • City of Ontario, California v. Quon, 130 S.Ct. 2619 (2010). • Facts: • The city initiated the search to determine whether Quon, a police officer, was exceeding his monthly allotment of text messages with personal messages.The transcripts turned up many non-work-related text messages to and from Quon, and many that were sexually explicit. Quon was disciplined • He sued the city, alleging a violation of his Fourth Amendment right to be free from unreasonable government searches. • A federal district court ruled for the city • The U.S. Court of Appeals for the 9th Circuit, in San Francisco, held that Quon had a reasonable expectation of privacy in his text messages and that the city's search was unreasonable.

45. Federal Cases (U.S. Supreme Court) City of Ontario, California v. Quon, 130 S.Ct. 2619 (2010). • In a friend-of-the-court brief filed on the side of Ontario, school board and administrator associations urged the high court to rule broadly that public employees do not have reasonable expectations of privacy in their electronic communications on government technology. • "At issue is a school district's ability to fulfill its obligation to ensure the safety of its pupils by searching the electronic communication of its employees," the brief said. • In particular, schools have a concern about improper relationships between teachers and students, the brief said.

46. Federal Cases (U.S. Supreme Court) • City of Ontario, California v. Quon, 130 S.Ct. 2619 (2010). • The United States Supreme Court upheld the city of Ontario's search of text-message transcripts it obtained for the pager issued to SWAT officer Jeff Quon. • In his opinion for the court today, Justice Kennedy said Quon may, indeed, have a reasonable expectation of privacy in the messages on his government-issued pager. • But even if he did, the city's search was reasonable at its inception and "reviewing the transcripts was reasonable because it was an efficient and expedient way to determine whether Quon's overages were the result of work-related messaging or personal use.”