GEORGIA ASSOCIATION OF EDUCATION LEADERS

1. GEORGIA ASSOCIATION OF EDUCATION LEADERS LEGAL ISSUES IMPACTING THE FUTURE OF PUBLIC EDUCATION February 3, 2009 Phil HartleyHarben, Hartley & Hawkins, LLP

2. Impact on the Immediate Future • It’s the Economy, Stupid! • How much will be cut by the State? • How much will be coming from the Federal Government? • So how do we deal with employment issues, RIF’s, benefits, local supplements, furloughs, budgets, millage rates, etc, etc?? • So how do we teach with students?

3. Guns • Allowing permitted guns on all public property, including • a school , but • shall be authorized to allow a person to possess a firearm within a school safety zone provided that such firearm in stored in a room or storage facility within the school safety zone, in a closed container, and separated from its ammunition.

4. Religious Viewpoint Anti-discrimination Act • Shall provide for the establishment of a limited public forum for student speakers at all school events at which a student is to speak publicly • Imposes specific policy written into statute • Unnecessary due to federal Constitution and law • Conflicts with federal law and Constitution

5. SHAPE Bill – HB 229 • Coaches measuring body fat? • Principals visually assessing student body? • Fitness assessments as approved by SBOE • SBOE standards in student health and PE • Recognition programs

6. Four Day Week • HB 193 and 198 • Reduces the 180 day calendar to a certain number of hours set by statute or SBOE

7. School Board bill – SB 84 • “Although there are many measures of success, one in clearly essential … • System accreditation • Governor may remove members where system on probation • Removal from office of board member for violation of conflict of interest • SBOE to develop code of ethics

8. So what does it have to do with me? • No person shall be eligible to be superintendent who has an immediate family member hired as or promoted to a principal, assistant principal, or system administrative staff on and and after July 1, 2009 by that school system • School district staff employed before July 1, 2009 are not impacted by this provision when a relative is named superintendent 

9. Choice/Vouchers • Universal choice for private and public schools • Money sent to parents and taken from public school (remember HB881) • Parents must transport • No accountability for private schools • Mandated choice within your system – HB 251

10. Expanded FMLA Rights for Military Families • Part of “National Defense Authorization Act for FY 2008” • New Leave Entitlement (effective 01/28/08) • Up to 26 weeks of unpaid leave during one 12-month period for the employee to care for spouse, child, parent, or next of kin who is a service member undergoing medical treatment, recuperation or therapy, is on outpatient status or is on the temporary disabled retired list for a serious injury or illness (incurred on active duty that may render medically unfit to perform duties)

11. FMLA cont’d • New Qualifying Reason for Leave (effective when DOL issues new FMLA regulations) • 12 weeks of unpaid leave during any 12-month period for “any qualifying exigency” when the employee’s spouse, child, or parent is on active duty or is notified of an impending call or order to active duty – or when the service member is already on active duty – in the Armed Forces (including Reserves and National Guard) in support of a “contingency operation” • Are more changes coming?

12. Changes to Americans with Disabilities Act • The term disability is to be “construed in favor of broad coverage of individuals” • Disabilities that are episodic or in remission qualify if substantially limits an activity when active • Mitigating measures not to be considered

13. What is a major life activity? • Caring for one’s self • Performing manual tasks • Seeing • Hearing • Eating • Sleeping • Walking • Standing • Lifting • Bending

14. And more…. • Speaking • Breathing • Learning • Reading • Concentrating • Thinking • Communicating • Working • The operation of a major bodily function

15. Even those without disability are protected if you regard them as having a disability • But doesn’t apply to transitory or minor impairments • Those lasting less than 6 months

16. Section 504 made consistent with new ADA • Both were effective1/1/09

17. Changes in IDEA regs • If parent withdraws consent for special education services, District may not challenge this decision • Student loses all right to special education, including discipline protection • District must provide PWN before ceasing services • Option transfers to student at 18

18. What is happening in the courts? • US Supreme Court decision on Title IX/1983 suits • Possible new legislation in Congress that would make lawsuits and verdicts much easier • The use of federal cases to avoid immunity? • New decision from the 11th circuit in Rockdale County football practice case • New decision from state court in time out room case

19. But what are Georgia courts saying about immunity? • Cook County case and ministerial duty created for receptionist by principal’s directive • Forsyth County case and ministerial duty created for teacher by statute requiring goggles • Practical Suggestions • Recognize the expertise and allow appropriate discretion by school employees • Be careful of policies and directives that are overly explicit

20. QUESTIONS?

21. SEE YOU IN JEKYLL!!