SAI Annual Conference 2008 by fyx28874

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									                  SAI Annual
                  Conference 2008

        Matt Carver, J.D., Director of Legal Services
        tel - 515.267.1115
        fax - 515.267.1066

6/22/2010                                           1
Agenda

 LegislativeUpdate
 Student Fees
 Iowa Cases
 Federal Cases




6/22/2010             2
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
     than 40 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

6/22/2010                                                             3
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

6/22/2010                                                             4
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
6/22/2010                                                            5
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


6/22/2010                                                6
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

6/22/2010                                                               7
Legislative Update
    Smoke Free Iowa - HF 2212

    Effective July 1, 2008

    Prohibits smoking on all 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 grounds will not likely
     be covered


6/22/2010                                                     8
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 prohibited and in
        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


6/22/2010                                                                 9
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]


6/22/2010                                                                      10
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

6/22/2010                                                                                    11
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




6/22/2010                                                               12
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 teachers each pay period,
     beginning with the October payroll

6/22/2010                                                           13
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
     programs without cutting services

    School districts may request spending authority from the
     School Budget Review Committee (SBRC) to maintain
     program funding



6/22/2010                                                      14
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



6/22/2010                                                               15
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


6/22/2010                                                          16
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



6/22/2010                                                                    17
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

6/22/2010                                                              18
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




6/22/2010                                               19
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

6/22/2010                                                                    20
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
6/22/2010                                                                 21
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


6/22/2010                                                            22
Legislative Update
    IPERS and 403b plans - SF 2424
    Under certain conditions, allows increases to IPERS contributions to be
     made BY IPERS without 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
     option by August 15, 2008



6/22/2010                                                                     23
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


6/22/2010                                                          24
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

6/22/2010                                                            25
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)]

6/22/2010                                                        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):

    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


6/22/2010                                                              27
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
6/22/2010                                                                      28
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




6/22/2010                                                         29
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.


6/22/2010                                                            30
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
6/22/2010                                                                       31
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




6/22/2010                                                   32
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”


6/22/2010                                                                 33
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




6/22/2010                                                             34
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)


6/22/2010                                                                35
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)


6/22/2010                                                      36
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

6/22/2010                                                            37
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)


6/22/2010                                                      38
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, 2002 to
    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

6/22/2010                                                                      39
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


6/22/2010                                                           40
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

6/22/2010                                                                  41
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

6/22/2010                                                           42
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


6/22/2010                                                           43
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
6/22/2010                                                                   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:
   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

6/22/2010                                                                       45

								
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