SAI Annual Conference 2008

1. SAI Annual Conference 2008 Matt Carver, J.D., Director of Legal Services tel - 515.267.1115 fax - 515.267.1066

2. Agenda • Legislative Update • Student Fees • Iowa Cases • Federal Cases

3. Legislative Update • Statewide Penny - HF 2663 • Raises state sales tax to six percent (6%) and eliminated SILO (School Infrastructure Local Option), effective July 1, 2008 • REQUIRES REDUCTION OF SPECIFIC LEVIES absent a valid REVENUE PURPOSE STATEMENT • School districts shall submit the revenue purpose statement to voters no later than 60 days prior to the expiration of any existing revenue purpose statement • The vote must occur no sooner than 30 days nor later than40 days from when the school board secretary notifies the county commissioner of elections of the school district’s intent to take the issue to the voters

4. Legislative Update • Statewide Penny - HF 2663 (cont.) • Simple majority = approval of revenue purpose statement • Districts must wait 6 months for new vote if vote fails • AUTHORIZED USES - infrastructure, physical plant and equipment levy (PPEL), public education and recreation levy (PERL), bonding, and associated property tax relief • By 2014, all students in Iowa will be funded at the same level • Expires on December 31, 2029

5. Legislative Update • Core Curriculum - SF 2216 • The core curriculum is K-12 and identifies essential concepts and 21st century skill sets for the following areas: literacy math science social studies financial literacy health literacy technology literacy civic literacy employability skills • SPECIFIC TEXTBOOKS OR PROGRAMS ARE NOT MANDATED • Model Units of Instruction provided by the DE are for assistance and NOT REQUIRED INSTRUCTION

6. Legislative Update • Core Curriculum - SF 2216 (cont.) • REQUIRED SCHOOL DISTRICT IMPLEMENTATION: • High Schools (grades 9-12) - • Implementation plans REQUIRED by July 1, 2010 • Progress in at least one content area per year • Full implementation to occur by July 1, 2012 • K-8 - • Implementation plans REQUIRED by July 1, 2012 • Full implementation to occur in 2014-2015

7. Legislative Update • Core Curriculum - SF 2216 (STUDENT PLANS) • Districts are required to develop career options plans with 8th graders (signed by parents or guardians) that guide students toward graduation and completing the core curriculum • Additionally, the plan shall include a timeline for each student to successfully complete, prior to graduation, all components of the state-designated career information and decision-making system administered by the DE in accordance with the federal Carl D. Perkins Career and Technical Education Improvement Act of 2006 • Districts shall annually report to the student and the student’s parents or guardians the student’s progress toward graduation and completing the core curriculum

8. Legislative Update • Smoke Free Iowa - HF 2212 • Effective July 1, 2008 • Prohibits smoking onall school grounds (parking lots, buildings, ball parks, etc.), whether owned or leased • Even prohibits smoking in private vehicles on school property • City sidewalks surrounding school groundswill not likely be covered

9. Legislative Update • Smoke Free Iowa - HF 2212 (cont.) • Duties of School: • 1) School districts are required to place “no smoking” signs at every entrance to areas where smoking is prohibitedandin all school vehicles (so they are visible for the exterior of the vehicle) and at all building entrances • 2) Remove ash trays from places where smoking is prohibited • 3)Notify employees and applicants for employment of the provisions of the law • The law applies to tobacco smoke, but districts may adopt a policy for “tobacco-free” campuses, as many have already done

10. Legislative Update • Smoke Free Iowa - HF 2212 (cont.) • Signs must be at least 24 square inches in size (approximately size of bumper stickers) & contain the following: • 1) The words “no smoking” or the international no smoking symbol • 2) The telephone number of the Iowa Department of Public Health for reporting violations - 1-888-944-2247 • 3)[www.IowaSmokeFreeAir.gov] • Signs may be downloaded free of charge from [www.iowasmokefreeair.gov] • Window clings that comply with the size and content requirements can be ordered from the American Lung Association of Iowa at [www.lungia.org/tobacco/sfsign.cfm] • Permanent signs may be ordered at a fee from Iowa Prison Industries at [www.iaprisonind.com/html/prodserv/signs/signs_nosmoking.asp]

11. Legislative Update • Education Appropriations - HF 2679 (Background Checks) • Additional changes to last year’s revisions of Iowa Code § 279.13 • Prior to entering into an initial contract with a teacher who holds a license other than an initial license issued by the board of educational examiners under chapter 272, the school district shall: • 1) initiate a state criminal history record check of the applicant through the division of criminal investigation (DCI) of the department of public safety • 2)submit the applicant's fingerprints to the division for submission to the federal bureau of investigation for a national criminal history record check, • 3)review the sex offender registry information under section 692A.13 • 4)review the central registry for child abuse information established under section 235A.14 • 5)review the central registry for dependent adult abuse information established under section 235B.5 for information regarding applicants for employment as a teacher

12. Legislative Update • Education Appropriations - HF 2679 (Background Checks)(cont.) • The school district may charge the applicant a fee not to exceed the actual cost of the checks • Districts that used an entity other than DCI during the 2007-08 school year must retroactively perform a new search using DCI

13. Legislative Update • Education Appropriations - HF 2679 (Teacher Quality) • Teacher Evaluation Documentation -supporting documentation from “other evaluators” as a part of a career teacher’s performance review is NO LONGER REQUIRED • Market Factor Pay -Eliminates market factor pay allocations - • School districts may use unspent market factor balances as originally directed for their intended purposes • Teacher Quality $$$ - Requires school districts to pay teacher quality salary to teacherseach pay period, beginning with the October payroll

14. Legislative Update • Standings Appropriations - HF 2700 (Home School Assistance Program) • Lowers the weighting for Home School Assistance Program (HSAP) funding from 0.6 to 0.3 • Requires districts to continue to offer HSAP programswithout cutting services • School districts may request spending authority from the School Budget Review Committee (SBRC) to maintain program funding

15. Legislative Update • Lead Screenings - SF 2111 • Iowa DPH will provide an EXCEL spreadsheet to each school district • Districts are to fill out the EXCEL spreadsheet with names and identifying criteria of kindergarteners requested on the spreadsheet and return it to Iowa DPH within 60 days after the school calendar start date • The Department of Public Health shall notify the school districts and nonpublic schools of the children who have not met the blood lead testing requirements

16. Legislative Update • Lead Screenings - SF 2111 • Schools must still allow students to enroll, even without proof of testing • Religious exemption available (Check the August 2008 School Leader Update for the Certificate or on the Iowa Department of Public Health’s website) - Certificate signed by parent/guardian AND NOTARIZED • Very Low Risk exemption - Certificate signed by parent/guardian and NOTARIZED, as well as by the chief of the bureau of lead poisoning prevention. SCHOOL DISTRICTS DO NOT HAVE THE AUTHORITY TO APPROVE THIS EXEMPTION

17. Legislative Update • Dental Screenings - SF 2111 • Requires students newly enrolled in elementary AND high school (9th) to have dental screening (this includes out-of-state transfers) • Elementary screenings may be performed by a dentist, dental hygienist, physician, physician assistant, or nurse • High school screenings may be performed by a dentist or dental hygienist • Screenings between ages 3 and 6 will meet the elementary requirement • For transfer students, a screening completed within one year prior to enrollment is acceptable • Schools must still allow students to enroll, even without proof of screening

18. Legislative Update • Dental Screenings - SF 2111 • Proof of Screening - MUST USE FORM provided by the Iowa Department of Public Health. NOT DENTAL CARDS • DPH will provide forms for religious exemption (signed by parent/guardian AND NOTARIZED) and financial hardship(SIGNED BY A PROVIDER - NOT NOTARIZED) • If the student has not been screened, the district must provide the parent or guardian with referral resources, including contact information for the I-Smile coordinator, department of public health, or dental society [referral resources may be obtained from the Iowa DPH] • Map of I-Smile coordinators is on the Iowa DPH website • Iowa DPH will have training for school nurses via ICN on September 10

19. Legislative Update • Vision Screening - SF 2251 • Requires school districts to give parents of incoming kindergarteners or preschoolers a vision card provided by the Iowa Optometric Association • Schools may encourage, but not require, that parents or guardians have an eye exam performed on their child

20. Legislative Update • Healthy Kids Act - SF 2425 • Requires the DE to do a number of things: 1) adopt nutritional standards; 2) convene an advisory panel to review student nutrition guidelines; and, 3) monitor schools to ensure compliance with the new standards • Beginning with the 2009-2010 school year, school districts and accredited nonpublic schools must ensure: • 1) Elementary students have 30 minutes of physical activity per day • 2) Middle school and high school students have 120 minutes of physical activity per week • The definition of “physical activity” will follow in administrative rules

21. Legislative Update • Healthy Kids Act - SF 2425 • EXCEPTION - A student participating in an organized and supervised athletic program or non-school-sponsored extracurricular activity which requires the student to participate in physical activity for a minimum of 120 minutes per week is exempt from the requirements • Prohibits schools from reducing instructional time for academic courses in order to meet the new physical activity requirements • Student CPR class REQUIRED PRIOR TO GRADUATION, unless: • 1) They are physically unable to perform CPR • 2) The parent or guardian files a written statement with the school principal that the course or activity conflicts with the student’s religious beliefs • 3) The student can demonstrate that they previously obtained CPR certification

22. Legislative Update • School Elections - HF 2620 • Limits school district special elections to FOUR DATES, effective January 1, 2009 • Requires school elections in September of odd numbered years, beginning September, 2009 • Extends school board terms to four years • Currently prohibits the use of special elections to impose or extend a physical plant and equipment levy (PPEL) by restricting PPEL votes to the regular school election in September of odd numbered years

23. Legislative Update • IPERS and 403b plans - SF 2424 • Under certain conditions, allows increases to IPERS contributions to be made BY IPERSwithout requiring legislative approval • Changes 403b annuity plans (a federal law, effective January 1, 2009) requires greater employer oversight of such plans • Iowa’s new law provides two (2) options for school districts/employers: • 1) Local Option - Schools may maintain their own tax-sheltered annuity (TSA) plan, or, • 2) State Option - Schools may join the State’s TSA plan • School districts and collective bargaining groups shall choose an optionby August 15, 2008

24. Student Fees • Iowa DE Declaratory Order, dated August 4, 2008 • Go to the SAI website for the Order • MANDATORY POLICIES - School Boards are required to adopt one or more policies that address: • 1) Charging and collecting fees for course offerings and related activities (the seven allowable fees) • 2) Discretionary transportation (if district provides) • 3) Provisions for full, partial, and temporary waivers (with income guidelines) • Policies must be given to students and families at time of registration or enrollment

25. Student Fees • Iowa DE Declaratory Order, dated August 4, 2008 • Go to the SAI website for the Order • REMINDER - Seven Categories of Allowable Fees: • 1. Textbooks - including electronic textbooks, and supplementary instruction materials • 2. School Supplies • 3. Eye Protective Devices • 4. Ear Protective Devices • 5. Summer School Courses • 6. Driver Education Courses • 7. Discretionary Transportation - students who live within 2 to 3 mile limit, as applicable. THIS CATEGORY DOES NOT INCLUDE TRANSPORTATION FOR EXTRACURRICULAR ACTIVITIES. • REMEMBER - FEE WAIVER APPLIES TO ALL AUTHORIZED FEES, BUT NOT TO FINES

26. Student Fees • Iowa DE Declaratory Order, dated August 4, 2008 • Go to the SAI website for the Order • Authorized FEES or CHARGES (this is not the exhaustive list): • Software used for instruction • Worksheets • Student planners • Towel fee • Cost of cleaning and wear-and-tear of band and choir uniforms • Rental of musical instruments • Activity Ticket • Uniform “consumables fee” for other school supplies • [However, THIS UNIFORM FEE MUST BE CALCULATED PER GRADE LEVEL GROUPING (e.g., elementary, middle school, high school)]

27. Student Fees • Iowa DE Declaratory Order, dated August 4, 2008 • Go to the SAI website for the Order • Authorized FEES or CHARGES (this is not the exhaustive list): • Graduation cap, gown, tassel • Diploma Cover (if voluntary) • Non-sufficient Funds (NSF) check charges • Fines for overdue school books or lost, damage, destroyed items • Parking Permit • Dance Tickets • Yearbook or Memory Book or School Newspaper • Penalty for parking violation • Duplicate ID

28. Student Fees • Iowa DE Declaratory Order, dated August 4, 2008 • FEES or CHARGES that are NOT AUTHORIZED (this is not the exhaustive list): • Chemicals & apparatus in chemistry class • Wood in shop class (difference may be charged for upgrade in materials) • Food in food class • Cloth, sewing supplies in sewing class • Transportation for extracurricular events • Participation fees for extracurricular activities (including use of equipment) • Any cost associated with field trips (e.g., admission, transportation) • Bowling fees • Flowers, balloon drop, security, and other graduation ceremony costs • Locker, lock fees (order does not discuss deposits) • Diploma (there may be a charge for the cover, if it is voluntary) • Participation in intramural activities

29. Iowa Cases • Bd. of Dir. Of Ames Community School Dist. v. Cullinan, 745 N.W.2d 487 (Iowa 2008). • Facts: • Cullinan, the boys basketball coach, had a history of good and bad performance counselings • After multiple parent and student complaints, the school district implemented a remediation plan in July, 2002

30. Iowa Cases • Bd. of Dir. Of Ames Community School Dist. v. Cullinan, 745 N.W.2d 487 (Iowa 2008). • Facts: • During 2003-2004 basketball season, Cullinan individually met with a star player after game, to discuss his displeasure with the player’s decision to dribble the ball up court during the game • The Ames School Board found that this meeting violated coach’s remediation plan • In the spring of 2004, Ames School Board terminated basketball coach for his failure to (1) effectively lead the boys' basketball program and (2) adequately remediate leadership deficiencies.

31. Iowa Cases • Bd. of Dir. Of Ames Community School Dist. v. Cullinan, 745 N.W.2d 487 (Iowa 2008). • Learning Points: • The Iowa Supreme Court upheld use of hearsay evidence in the coach’s termination proceedings • [Side note - hearsay evidence would not have been allowed in future teacher termination proceedings under the collective bargaining bill - HF 2645 that Governor Culver vetoed] • The most recent incident with the star player did not have to constitute “just cause” by itself, but was enough to trigger the termination proceedings and opened the door for the school board to review the coach’s failure to remediate past problems • An incident may just be the “straw that broke the camel’s back” during a termination proceeding

32. Iowa Cases • Weddum v. Davenport Community School District, 750 N.W.2d 114 (Iowa 2008). • Facts: • Teacher sued school district after it denied her application for early retirement incentives because teacher did not meet the plan’s minimum age requirement

33. Iowa Cases • Weddum v. Davenport Community School District, 750 N.W.2d 114 (Iowa 2008). • Learning Points: • The Iowa Supreme Court held that the school district was not discriminating against the teacher and upheld the school district’s early retirement policy • The Iowa Civil Rights Act (ICRA), which otherwise protects against age discrimination, has an exception that allows early retirement plans with minimum age requirements • The Iowa Supreme Court noted that the U.S. Supreme Court has held that federal law does not prohibit “reverse age discrimination”

34. Iowa Cases • Weddum v. Davenport Community School District, 750 N.W.2d 114 (Iowa 2008). • Learning Points: • The Iowa Supreme Court shared that Iowa Code § 279.46 expressly gives school boards the power to offer early retirement incentives to its employees conditioned upon reaching a minimum age • The Iowa Supreme Court further noted school districts are under no obligation to offer the same plan (or any plan) from year to year

35. Iowa Cases • Weddum v. Davenport Community School District, 750 N.W.2d 114 (Iowa 2008). • Learning Points: • Finally, a school district’s ability to save money is a legitimate reason for setting the minimum age requirement: • 1) School districts are able to pay junior teachers less than senior teachers • 2) School districts may pay for early retirement plans out of their “management levy” funds rather than from general funds, thus freeing general fund money (if requirements under Iowa Code § 279.46 are met)

36. Iowa Cases • Waterloo Education Association v. Iowa Public Employment Relations Board, 740 N.W.2d 418 (Iowa 2007). • Facts: • The Waterloo Education Association challenged a decision by the Public Employment Relations Board (PERB) that the overload pay proposal submitted by the association to the school district was a permissive subject of collective bargaining under the Public Employment Relations Act (PERA)

37. Iowa Cases • Waterloo Education Association v. Iowa Public Employment Relations Board, 740 N.W.2d 418 (Iowa 2007). • Learning Points: • Mandatory Bargaining v. Permissive Bargaining (two-prong test) • 1) Topics Test -whether the proposal, on its face, logically falls within the definition of any term contained in Iowa Code § 20.9 • [Under this prong, consideration must be given to the predominant purpose of the proposal and what the employer would be bound to] • 2) If prong 1 is met, the question is whether the proposal is preempted or inconsistent with any provision of law

38. Iowa Cases • Waterloo Education Association v. Iowa Public Employment Relations Board, 740 N.W.2d 418 (Iowa 2007). • Learning Points: • The proposal fell within the term “wages” as used in PERA in that it sought to introduce an element of piecework pay into the district’s wage structure • Education association’s overload pay proposal to the school district was a mandatory subject of bargaining under PERA (Iowa Code § 20.9)

39. Iowa Cases • State of Iowa v. Finders, 743 N.W.2d 546 (Iowa 2008). • Facts: • Defendant, previously convicted of a sexual offense against a minor, was subsequently convicted of violating law prohibiting convicted sex offenders, whose victims were minors, from living within 2000 feet of a school or child care facility (Iowa Code § 692A.2A) • Learning Points: • The Iowa Supreme Court held that: • 1) Iowa Code § 692A.2A(4)(c) allows a sex offender who established a residence in a restricted zone prior to July 1, 2002to remain in that residence in perpetuity • 2) The Iowa Code does not allow that person to establish a new residence within the restricted zone without violating the statute

40. Federal Cases (8th Circuit) • Doe v. South Iron R-1 School District, 498 F.3d 878 (8th Cir. 2007). • Facts: • Parents sued school district, school board, and school officials, alleging violation of the Establishment Clause and seeking injunctive relief to prevent the distribution of Bibles to elementary students on school property during the school day • AGAINST THE ADVICE OF LEGAL COUNSEL, Bibles were being distributed to fifth graders in the classroom by members of Gideons International

41. Federal Cases (8th Circuit) • Doe v. South Iron R-1 School District, 498 F.3d 878 (8th Cir. 2007). • Learning Points: • When the United States Supreme Court debates whether a particular school should be enjoined as violating the Establishment Clause, the debate centers on whether the activity constituted impermissible government religious expression, endorsement, or coercion • “[D]istributing Bibles to fifth graders in the classroom raises far graver Establishment Clause concerns than, for example, permitting outside groups to distribute religious flyers on school premises or inviting ministers to give nonsectarian prayers at graduation ceremonies.” • The 8th Circuit Court of Appeals upheld the district court’s injunction

42. Federal Cases (8th Circuit) • Doe v. South Iron R-1 School District, 498 F.3d 878 (8th Cir. 2007). • Learning Points: • Does your district have safeguards guaranteeing government NEUTRALITY? • Remember, this case is specifically dealing with a past practice of the school district allowing Gideons to pass out Bibles during fifth grade class time • This case DOES NOT address the distribution of Bibles by students or other means of students potentially obtaining Bibles at school

43. Federal Cases (8th Circuit) • Stodghill v. Wellston School District, 512 F.3d 472 (8th Cir. 2008). • Facts: • Former Superintendent sued school district, school board members, and members of special administrative board (SAB), claiming that SAB members made stigmatizing public comments in connection with superintendent’s termination

44. Federal Cases (8th Circuit) • Stodghill v. Wellston School District, 512 F.3d 472 (8th Cir. 2008). • Learning Points: • The 8th Circuit Court of Appeals held that: • 1) In order to establish a protected liberty interest upon termination, a school employee is required to establish that a government official, in connection with discharging the employee, • (a) publicly made allegedly untrue charges against the employee that would • (1) stigmatize the employee so as to seriously damage their standings and associations in their community, or, • (2) foreclose their freedom to take advantage of other employment opportunities • 2) Generally, the stigma warranting a right to a name clearing hearing has been found when an employer has accused an employee of dishonesty, immorality, criminality, racism, and the like

45. Federal Cases (8th Circuit) • Stodghill v. Wellston School District, 512 F.3d 472 (8th Cir. 2008). • Learning Points: • The 8th Circuit Court of Appeals held that: • 3) Unsatisfactory job performance or general misconduct are insufficient to create a stigma that implicates an employee’s liberty interest in his reputation and the SAB members are entitled to qualified immunity • 4) SAB members’ alleged statement that cheating had occurred in school district under former superintendent’s watch was not a direct assault on his honesty, as necessary to create level of stigma to implicate liberty interest • Statement merely challenged superintendent’s performance in effectively overseeing school district • Dishonesty could not be inferred from general cheating charge • SAB members did not publicly assert that the superintendent condoned or was aware of cheating