Presented By: Eileen O’Hare-Anderson, Liebert Cassidy Whitmore Jon Aasted, Santa Clarita CCD

1. Some Minor Issues:Considerations Concerning Minors in the Community College Setting February 28, 2014 Presented By: Eileen O’Hare-Anderson, Liebert Cassidy WhitmoreJon Aasted, Santa Clarita CCD

2. Topics of Discussion • Health and Safety • Confidentiality • Admissions and Assessment • Curriculum • Discipline • Mandated Reporting • Parental Involvement

3. Health and Safety • Health and Safety Concerns: • Consent to Medical Care • Family planning, • Rape treatment, • Disease treatment and prevention, • Drug and alcohol abuse, • First aid. • Safety • Convicted felons

4. Health – Family Planning • Family Planning • A minor may consent to medical care. • Related to the prevention or treatment of pregnancy. • A minor of any age. • Includes contraception. • Does not include sterilization. Family Code § 6925.

5. Health – Screening/Treatment • Infectious, Contagious, or Communicable Diseases • Minor may consent to diagnosis or treatment if: • 12 years of age or older; and • Disease required by law or regulation to be reported to local health officer or is a related STD. • Sexually Transmitted Diseases (STD) • Minor may consent to medical care related to Prevention if: • 12 years of age or older. Health & Safety Code § 121020; Family Code §6926.

6. Health – Screening/Treatment Cont. • Rape and Sexual Assault • Minor 12 years of age or older alleging rape or sexual assault may consent to: • Medical care • Collection of related medical evidence Family Code §§ 6927, 6928

7. Health – Screening/Treatment Cont. • Drug and Alcohol Treatment • A Minor 12 years old or older • May consent to medical care and counseling • Related drug or alcohol problems. Family Code § 6929

8. Health – Screening/Treatment Cont. • Liability for Rendering First Aid • A District and its employees not liable • For reasonable medical treatment of a minor without parental consent • When the minor is: • Ill or injured during reasonable school hours; • Requires reasonable medical treatment; and • The parent or guardian cannot be reached. • Exception: Parent filed written objection to medial treatment other than first aid. Education Code § 76407

9. Safety – Criminals on Campus • Exposure to Employees Convicted of Crimes: • K-12 Districts exclude employees convicted of: • Violent or serious felonies; sex offenses; or controlled substance offense. • CCDs only screen for employees convicted of sex and controlled substance offenses. • Board may employ • If it finds rehabilitated for at least five years. • CCDs do not have to screen for violent or serious felonies. Education Code §§ 44830.1, 44836 Education Code § 87405

10. Safety – Criminals on Campus • No criminal background check on non-employees • Other students • Community members • Minor students could (likely will) be exposed to criminals on campus • We only screen employees • Not all crimes require registration • Not all criminals required to register do so

11. Safety – Class Released Early/Student Ride is Late • Parent and student should have system • Class released early, Ride is late, Student becomes ill • Things happen • Cell phones are the answer • Discuss during enrollment/orientation • Include in checklist (more later)

12. Safety – Disruption on Campus • Fire, earthquake, flood, street closure • Arrange alternate pick up point • Assembly points • Supervision during emergency • Advise parents and students on emergency procedures • Discuss in enrollment/orientation • Include in checklist

13. Confidentiality - Counseling • Information Disclosed to a School Counselor is Confidential if: • Disclosed by a student over 12 years of age or parent; and • Disclosed in the process of receiving counseling. • Does not become part of the student record • Unless written consent from person disclosing. • With a few exceptions, disclosure shall not be revealed, released, discussed or referred to. Education Code § 72621

14. Confidentiality – FERPA • Family Educational Rights and Privacy Act (FERPA) • Generally, a student has the right to: • Inspect his or her own records. • Request correction of inaccurate or misleading records. • Consent to release of information from his or her record. • Notice before District responds to subpoena when allowed by law. 20 U.SC. 1232g;34 C.F.R. 99.31

15. Confidentiality – FERPA Exceptions • District may release records to parents where: • The parent still claims the child as a dependent for tax purposes; • There is a health or safety emergency; or • The student commits a disciplinary violation regarding the use of alcohol or controlled substances and the student is under 21.

16. Confidentiality – Medical Records • The Confidentiality of Medical Information Act (CMIA) • Prohibits acquisition, use, or disclosure of medical information without prior written authorization of the person the information concerns. • Authorization on behalf of a minor must be signed by parent or guardian. • Health Insurance Portability and Accountability Act (HIPAA) • Generally Consistent with CMIA Civil Code §§ 56.10, 56.11(c);45 C.F.R. 164.502.

17. Admission of Minors • The Decision to Admit a Student Rests With the District • Guiding Statutes: • Education Code section 76001 et seq. • Education Code section 48800 et seq. • Notifying Faculty • Faculty may be notified a minor in class • But it is not required.

18. Curriculum – Parental Guidance • Academic Standards • Minor will have the same academic standards as adult students. • Parents should realize the transcript is permanent. • Adult Discussions • District has no obligation to alter course content. • Consider warning minors and parents of content. • Consider having minor and parent sign course syllabus. • Discuss that curriculum will not be altered on demand.

19. Curriculum – Parental Guidance • Syllabus controls course content • Syllabus controls grading • Discuss in orientation/enrollment • Include in checklist

20. Mandated Reporting • Faculty and Staff of CCDs Are Mandated Reporters • More minors on campus • More likely to encounter situation that must be reported • Reporting mandated when: • Employee, in the scope of his or her position “knows or reasonably suspects has been the victim of child abuse or neglect.” Penal Code §§ 11164, 11165.7

21. Mandated Reporting Procedures • To Whom Do You Report? • Law enforcement or child protective services. • When Do You Report? • Telephone your report immediately. • Within 36 hours, follow up with written report. • What If You Do Not Report? • It is a misdemeanor • You may be held criminally liable. • Action against teaching credential.

22. Discipline • Discipline Standards • Minors are subject to Student code of conduct. • Includes academic dishonesty. • Discipline Process • Generally the same as for adult students. • Student andparent receive notices. Education Code § 72122

23. Discipline • Minor Released to Peace Officer • Where the District releases the minor to a peace officer for the purposes of removal from the campus, a District official must take steps to notify the student’s parent of the release and the place where the minor is to be taken. • Minor Suspended From District • When a minor is suspended, the minor’s parent must be notified in writing by the District President or designee. Education Code §§ 76031, 87044

24. Discipline • Minor Removed From Class • If instructor removes minor student from class for a day and the next class meeting: • The President or designee must ask parent to attend a conference regarding the removal ASAP. • Remaining due process the same as adult students Education Code §§ 76031, 87044

25. Parental Involvement In Class • Parents Attending Class • Parents have no right to attend class with minor. • Parents Completing Student’s Work • Parents cannot do the minor student’s work. • Academic dishonesty. • Can result in student discipline. • Consider discussing ramification with parent and student.

26. How Can Problems Be Minimized? • Develop a Checklist • Add the items discussed today to a checklist • Have a counselor meet with the minor student and his or her parent and go over every item on the checklist • Have the student, a parent, the counselor, and an administrator sign the checklist

27. How Can Problems Be Minimized? Cont. • Develop Clear Board Policies and Administrative Procedures • District’s Board Policies and Administrative Procedures • Up to date • Address these issues

28. Questions? Eileen O’Hare-Anderson Liebert Cassidy Whitmore | Fresno Office eanderson@lcwlegal.com Jon Aasted Santa Clarita Community College District Jon.Aasted@canyons.edu