Too Much? Not enough? How the Legal Requirements for Principals Leave You Feeling Like Goldilocks

Karen A. HaaseBobby Truhe

Harding & Shultz(402) 434-3000

schoollaw@hslegalfirm.com

H & S School Law@KarenHaase

@btruhe

Child Custody Disputes Refuse to offer opinions (and train staff

to do the same) Decline interviews with attorneys Strictly observer FERPA

• Signed release by bio parent• Subpoena (must follow procedures first)• Personal knowledge vs. resort to records

Child Custody Orders Politely Refuse to Accept or Review School district not bound by orders

in cases they’re not a party in Unless

• Supervised visitation• Termination of parental rights• Even if judge orders “the school”

to do something

Access to Student Records State Section 42-381 – both parents continue to

have “full and equal access” to education records unless court orders to contrary

Federal FERPA: Non-custodial parents have same

rights as custodial Unless there is evidence of a legally binding

document that specifically revokes rights (34 C.F.R. 99.4)

Release of Children Pauley v. Anchorage School Dist., 31

P.3d 1284 (Alaska 2001) Exercise your own independent

judgment about safety of student Do not promise to do something that

the school won’t actually do

Truancy

Legislative Action on TruancyGroups Expressing Concern

• Family Forum• Douglas County Board• NE Assn. of County Officials• NE Taxpayers for Freedom• Heartland Workers Center• John Sieler: State BOE• Douglas County: 3,000 cases per year

Truancy: laws, they are a changin’?

Legislative Action on Truancy Reform Proposals

• Repeal truancy laws• No reporting excused absences• Parents have greater role in excusing Ss

Legislation Coming• No. of students truant down from 7.8%

to 5.8% after passage of new law• But daily figures constant for 15 yrs.

The Disruptive SpEd Student

Least Restrictive Environment

SpEd students must be placed in Least Restrictive Environment Determined by IEP team Restrictions permitted to meet

• Disabled child’s needs• Needs of child’s peers

No entitlement to regular school day Restrictive placement is not discipline

Discipline SpEd students may be disciplined First 10 days “free” After 10 days, must make

“manifestation determination”• MDT team makes decision• Was misconduct “caused by, or had a

direct and substantial relationship to, the student’s disability”

Discipline (con’t)

If misconduct IS manifestation• no discipline • but IEP may be changed to address

If misconduct IS NOT manifestation• may be punished like regular ed.• but “interim alternative educational

setting” Drugs, weapons, serious injury

Discipline Flow ChartStudent’s

misbehaviorDoes studenthave an IEP?

NoDoes incidenttrigger needfor a referral?

NoUse reg.disciplineprocedures

BehaviorIntervention

Plan?

Yes

>10 daysconsecutively?

Make referralYes

and ask

>10 dayscumulatively?

No No

No

Yes

Yes

YesPlan functional

behaviorassessment

Pattern ofexclusion?

No

Yes

Is behavior amanifestation?

and askWas FAPEprovided?

No and Yes

Yes

Yes NoUse IEP procedures

Search and Seizure Principals may search students

when they have “reasonable suspicion” that school rules violatedMake that determination on your

own (not after talking with police)

Determining Reasonableness

In order for a search to be reasonable, a school official must satisfy two separate inquiries:Was the search justified at its inception?Was the scope of the search

appropriate?

Locker Searches

• Handbook should designate locker as school property

• Still need reasonable suspicion to search containers in the locker

Lockers

Iowa v. Jones, (Ia. 2003)

Reasonable at inception

Reasonable in scope

Cell Phones/iPads/Kindles/etc.

Dealing with Cell Phones Confiscation doesn’t raise 4th Amend. Looking in phone does (Klump v.

Nazareth Area School District) But that doesn’t mean you can’t do it

(J.W. v. DeSoto County School District) ALWAYS ASK 1:1 devices are district property – no

search

Car Searches

The School’s Jurisdiction J.P. v. Millard Public Schools Nebraska Supreme Court (2013) J.P. drove his truck to school Parked on street across from school J.P. left school w/o permission; lied Asst. Principal investigated Had J.P. empty his pockets - nothing J.P. refused to permit truck search

J.P. v. Millard Asst. Prin. searched about 10 min. Found drug pipes and zig zag papers Student handbook prohibited

possession of drug paraphernalia J.P. suspended for 19 days District Court: search of truck

violated 4th amendment Supreme Court: affirmed Dist. Ct.

Nebraska Supreme Court Authority to search implied by the

Student Discipline Act School officials have authority to

regulate conduct on school grounds Parking off school grounds was not

a school-sponsored event School officials can report suspected

off-campus conduct to the police

Too Much? Not enough? How the Legal Requirements for Principals Leave You Feeling Like Goldilocks

Karen A. HaaseBobby Truhe

Harding & Shultz(402) 434-3000

schoollaw@hslegalfirm.com

H & S School Law@KarenHaase

@btruhe