Document 6568554
Transcription
Document 6568554
Co-sponsored by Minnesota CLE, the Minnesota Elementary School Principal’s Association, Education Minnesota, and the Minnesota Association of Secondary School Principals Conference Highlights: • All new developments – legislation, case law, arbitration, and special education! The 23rd Annual School Law Conference • NEW! Collaborative teaching sessions – Resolving workplace conflict, Data Practices/ Schwanke issues, Management/union pointcounter point and unfair labor practices • Special address on major issues featuring Denise Specht, President of Education Minnesota; Dr. Brenda Cassellius, Commissioner of the MN Department of Education; and Kirk Schneidawind, Executive Director of the MN School Boards Association • Other terrific sessions including: Reporting on maltreatment of minors; Custody disputes; Handling “coach” issues; Searching cell phones; Meet the new arbitrators; Expulsions/ suspension; Other special ed sessions; Handling gifts; And much more! • Practical and useful perspectives for administrators from the perspective of student’s attorneys Friday, November 7, 2014 • Minnesota CLE Conference Center • Minneapolis Seminar Topics: “[ The School Law Conference] is the best Conference I attend! The materials are a can’t miss resource and the sessions are right on target.” – Principal A second special seminar for Minnesota school professionals – • The psychological etiology and impact of bullying on bullies, victims and others • Best practices in training Bullying • Handling investigations A distinguished group of psychologists, attorneys and school professionals present a new day-long seminar. • Special panel of experts • When bullying involves students with disabilities • A luncheon address by Senator D. Scott Dibble •Cyber-bullying • Collaborative session on bullying and employee conduct Thursday, November 6, 2014 • Minnesota CLE Conference Center • Minneapolis Tablets! Teaching! Technology! The wave of tablets in education has hit this Conference! Materials for both seminars will be available only electronically. We will provide the materials to registrants a few days before the Conference. Be sure to download them so they are ready to use on your device the day of the Conference. Agenda | School Law Conference Friday, November 7, 2014 10:50 – 11:50 a.m. 8:00 – 8:25 a.m. CHECK-IN & CONTINENTAL BREAKFAST BREAKOUT SESSION B 8:25 – 8:30 a.m. 201 A View of School Law Practice from Students’ Attorneys Welcome & Introduction 8:30 – 9:30 a.m. Legislation and Case Law Update Roger J. Aronson 9:30 – 9:40 a.m. BREAK Practical, useful perspectives for school law administrators to consider. Amy J. Goetz & Andrea L. Jepsen 202 Stop the Madness! A Practical Guide to Resolving Workplace Conflict Interactions between adults in the workplace are bound to result in conflict. While some conflict may stem from a healthy exchange of differing ideas, when it creates tension, or results in allegations of a hostile work environment, such conflict must be dealt with quickly and effectively. This presentation will compare and contrast different methods of dealing with workplace conflict and provide a practical approach to facilitating conversations designed to resolve it. Anne C. Becker & Christina L. Clark 9:40 – 10:40 a.m. BREAKOUT SESSION A 101 Special Education Update – The Year in Review Laura Tubbs Booth & Daniel J. Stewart 203 Why Can’t We Just “Leave It on the Field?” Practical analysis of dealing with coach issues including: complaints against coaches; the differing statutory processes for terminating/non-renewing a coach; and surrounding considerations like public uproar, data privacy, anonymous complaints, and more. Kristi A. Hastings 102 Management/Union Point-Counterpoint Session will include employee selection, hiring, investigation/ discipline and other employee relation types of issues. Analysis will include employer withdrawal of job offer before board approval, union versus management perspective on reference checks, Board of Teaching inquiries and discipline, investigation procedures, and more. 204 Searching Cell Phones: Legitimate Inquiry or Constitutional Violation? Analysis of the U.S. Supreme Court’s 2014 ruling in Reilly v. California. A discussion on search and seizure of cell phones, heightened privacy rights, and more. Gregory S. Madsen James K. Martin & Debra M. Corhouse 11:50 a.m. – 12:15 p.m. 103 Maltreatment of Minors: Obligations to Report and Potential Liability for Not Reporting 12:15 – 12:45 p.m. This presentation will address the requirements of the Maltreatment of Minor’s Act, including the new requirements of the Act; when reporting is and is not mandated; the gray areas when it may still be warranted; and the ramifications of not timely or properly reporting under the Act. Jennifer K. Earley 104 Responding to Custody Issues in School Separation, divorce and remarriage can generate emotionally charged legal issues in the school setting. As the result of a divorce, a parent may have sole physical custody, sole legal custody, joint legal custody, joint physical custody, supervised visitation rights, or no visitation rights. This presentation will explain the meaning of these terms and how they impact decision-making in the school setting. This presentation will also address who has the right to make educational decisions on behalf of a child; to access or visit a child at school; to remove a child from school; to prevent another person from accessing a child at school or a school activity; to access a child’s records; to provide consent for an evaluation; and to provide consent for field trips. Amy E. Mace 10:40 – 10:50 a.m. LUNCH (provided by Minnesota CLE) Teacher Development and Evaluation Law, Year One: How’s It Going? It’s finally here! After much study, preparation, and training, Minnesota’s TDE law is in place for teachers, local unions, administrators, and school districts. For the 2014-15 school year, locals and districts implemented either their jointly developed plans or the state’s model plan. Education leaders share their observations and perspectives. Dr. Brenda Cassellius, Commissioner, Minnesota Department of Education President Denise Specht, Education Minnesota Kirk Schneidawind, Minnesota School Boards Association Roger J. Aronson (moderator) 12:50 – 1:50 p.m. BREAKOUT SESSION C 301 Data Practices/Schwanke A collaborative presentation addressing a variety of data practices/Schwanke issues. Jess Anna Glover & Patricia Maloney BREAK 302 The Changing Liability Landscape for Sexual Abuse Claims Against Schools The presentation will discuss the recent change in the statute of limitations allowing decades-old claims, which were previously time-barred, to be brought against schools. It will also analyze the current state of the law regarding a school’s vicarious liability for abuse (and other intentional misconduct) committed by its employees. The presentation will also discuss policies and procedures that schools can adopt to set the best stage for the defense of any claims of sexual abuse by its employees. Margaret A. Skelton 303 Meet and Grill the Most Recently Appointed BMS Arbitrators Here’s your chance to learn about the new people on the block and get comfortable with them as decision makers! Meet and ask questions of the most recently appointed arbitrators from the Bureau of Medication Services panel. This session will be moderated by arbitrator Harley Ogata. The panel will be asked to answer a series of questions posed to them that are designed to give advocates insight into the arbitrator’s thinking processes and allow advocates an opportunity to get comfortable with the arbitrator’s mindset. A generous question and answer period will be provided so that advocates can learn what they want to know too. David M. Biggar, John W. Johnson, James A. (Jim) Laumeyer & John O’Donnell Harley M. Ogata (moderator) 304 The Essentials of Student Suspension and Expulsion This session will address the legal framework for successfully implementing student discipline, including suspension, expulsion and exclusion. Issues concerning the legal bases for imposing discipline, the procedural requirements schools must satisfy, the due process protections afforded to students, and the special considerations that must be given to students with disabilities will be discussed. Charles E. Long 1:50 – 2:00 p.m. BREAK 2:00 – 3:00 p.m. BREAKOUT SESSION D 3:10 – 4:10 p.m. BREAKOUT SESSION E 501 Unfair Labor Practices A collaborative discussion regarding issues and analysis relating to the 2014 Legislative changes to the processing of unfair labor practice charges. Margaret Luger-Nikolai, Kevin J. Rupp & Josh L. Tilsen 502 Everything You Always Wanted to Know About Special Education Law but Were Afraid to Ask When can I remove a violent disabled student from school? Do I have to reschedule an IEP meeting because the parent’s attorney cancels at the last minute? What do you mean the district has to pay for a student to attend a private clinic? Today’s presentation will answer these and other common special education questions. The presenter will offer practical guidance based on real-world situations to help administrators and school staff respond to some of the unique legal issues that arise in the special education context. Christian R. Shafer 503 Enrollment and Other Issues Related to Undocumented Children An overview of legal precedent and agency opinions regarding issues and questions that may arise with respect to the enrollment and educational program of undocumented children. Michelle D. Kenney 4:10 – 4:45 p.m. CLOSING RECEPTION 401 Special Education Dilemmas: Workload, Safety, and Retention of Staff A collaborative discussion on three major areas of concern to special educators and administrators. The presenters will also consider recent and proposed legislation and discuss additional reforms that could improve the delivery of Special Education services in Minnesota. “Very informative and beneficial; I feel informed enough to be a better teacher rights representative.” Peter A. Martin & David M. Aron 402 “Looking the Gift-Horse in the Mouth”: Donations, Gifts and the Public Purpose Doctrine This presentation will address common legal questions regarding gifts, both to and from, school districts. The presentation will focus on the public purpose doctrine, legal limitations on public expenditures, and school districts’ authority with regard to gifts and donations made by parents, community organizations, and booster clubs. The presentation will include a discussion regarding the recent amendment of the gift law to include school district officials. Timothy A. Sullivan 403 Disciplining Students for Off-Campus Behavior In light of vast changes to technology, districts have been confronted with many new legal issues related to student discipline for off-campus behavior. Parents often seek to involve schools in off-campus disputes, and protections against off-campus bullying have now been enacted. This presentation will review related pitfalls districts face, and outline processes districts should use in determining whether or not to impose discipline. Plus a review of the new laws against off-campus bullying and cyberbullying. “This is a GREAT conference! Well worth the drive and the time – super materials.” – Union Representative – Special Education Teacher “The best staff development for me and my staff.” – Superintendent Trevor S. Helmers 3:00 – 3:10 p.m. BREAK View School Law Conference information on your mobile device or register online. Agenda | Bullying – A Special Seminar for Minnesota School Professionals Thursday, November 6, 2014 8:00 – 8:30 a.m. 12:30 – 12:50 p.m. REGISTRATION & CONTINENTAL BREAKFAST LUNCH (provided by Minnesota CLE) 8:30 – 9:15 a.m. 12:50 – 1:30 p.m. Best Practices in Training for Truly Safe and Supportive Schools Bullying in Minnesota Schools – Overview of the Legislation and Why It’s Important Creating a truly safe and supportive school climate requires us to go beyond the minimum requirements of the law and leap forward into creating an environment where every child and adult feels safe, valued and connected. This allows everyone to bring their whole selves to school, eager to participate and learn. Key to making this a reality is building-wide staff who are prepared, engaged and supported. We’ll unpack what you need to look for when choosing training that leaves your staff energized and with a clear vision of how to succeed in creating an environment where every child can thrive. Nancy Michael 9:15 – 10:45 a.m. The Psychological Etiology and Impact of Bullying on Bullies, Victims and Others It is relatively easy to hate bullying and by extension, bullies. But that stance abandons many children when they behave in ways they don’t fully understand. First we must appreciate how bullying becomes a transactional pattern of coping, and then see why social/ emotional learning requires this teaching imperative: adults must help children feel protected enough to expect and extend kindness to everyone in the school community. In addition to physical threat, we will explore the concepts embedded in relational aggression and identify educators’ roles in interrupting, remediating and preventing harm to assure genuinely safe schools. Dr. Anne Gearity, PhD, LICSW 10:45 – 11:00 a.m. BREAK 11:00 – 11:45 a.m. Investigating a Report of Bullying The new safe schools law requires schools to designate a staff member to receive and investigate reports of bullying within three days and to ensure the policy and its procedures including restorative practices and sanctions are fairly and fully implemented. Effective and thorough investigations will be vital to a school’s ability to comply with this law while maintaining a safe school environment. This session will show you how to conduct a thorough investigation with the least amount of disruption to your school, and in compliance with the new law. Paula G. Forbes Senator D. Scott Dibble 1:30 – 2:45 p.m. Responses, Interventions, Plans and Potential Solutions for Students, Districts and Families The panel of educators and parent/school district attorneys will discuss responses and strategies for schools and families when bullying behavior disrupts or threatens to disrupt a student’s education. The panel will do this through the use of a case study that will illustrate how schools and parents can partner together to prevent bullying, strategies for ensuring that the response to reports and the interventions are effective. The panel will also discuss the secondary but important issue liability under the new bullying legislation and how to prevent claims and/or reduce the school district’s liability when such claims arise. Carrie Asmus, Julie Blaha, Andrea L. Jepsen & Nik Lightfoot Laura Tubbs Booth (moderator) 2:45 – 3:00 p.m. BREAK 3:00 – 3:45 a.m. Cyber-Bullying – The Law, Examples, Practical Solutions and Suggestions About How Cyber-Bullying Can Be Addressed Peter A. Martin 3:45 – 4:30 p.m. Bullying Policies Regulating Employee Conduct with Counterpoint from Education Minnesota The focus on student bullying has been intense. But what about employees? Shouldn’t schools expect employees to abide by the same standards to which students are held? A large Minnesota governmental employer recently adopted an anti-bullying policy for its employees. Doing so, however, raises issues impacting the administration of the organization. This session will review the existence of any trend for such employee policies, avenues already in place for dealing with abrasive and intimidating employees, and the legal and practical implications associated with the adoption of an employee bullying policy. Debra M. Corhouse & Kevin J. Rupp 11:45 a.m. – 12:30 p.m. Legal Implications Raised When Bullying Involves Students with Disabilities Particular vulnerabilities of students with disabilities who are either the target and/or the actor of bullying conduct. Practical advice will be provided as to how to address these behaviors in the IEP/504 plans of students as well as the new legal obligations to refer these matters to the IEP/504 teams when misconduct arises. Finally, there will be an overview of potential liability schools can face when students with disabilities are bullied not only under state common law as well as state and federal discrimination laws due to the student’s disabled status. Nancy E. Blumstein & Tim Finn View Bullying seminar information on your mobile device or register online. School Law Conference & | Faculty & Planners Bullying Seminar David M. Aron Senator D. Scott Dibble Michelle D. Kenney Roger J. Aronson Jennifer K. Earley James A. (Jim) Laumeyer Education Minnesota Saint Paul Law Office of Roger Aronson Minneapolis Carrie Asmus Crossroads Elementary Saint Paul Anne C. Becker Minnesota Senate Saint Paul Ratwik, Roszak & Maloney Minneapolis Tim Finn Director of Special Services ISD 15 St. Francis Paula G. Forbes ISD 287 Plymouth Forbes Solutions LLC Mendota Heights David M. Biggar Plymouth Julie Blaha Jackson Middle School Champlin Nancy E. Blumstein Ratwik, Roszak & Maloney Minneapolis Laura Tubbs Booth Booth Law Group LLC Minnetonka Dr. Brenda Cassellius Commissioner Minnesota Department of Education Saint Paul Christina L. Clark Education Minnesota Saint Paul Debra M. Corhouse Education Minnesota Saint Paul Dr. Anne Gearity, PhD, LICSW University of Minnesota Minneapolis Jess Anna Glover Education Minnesota Saint Paul Amy J. Goetz School Law Center LLC Saint Paul Kristi A. Hastings Pemberton, Sorlie, Rufer & Kershner Fergus Falls Trevor S. Helmers Knutson, Flynn & Deans Mendota Heights Roseville Harley M. Ogata White Bear Lake Duluth Nik Lightfoot, Ed.D., J.D. Kevin J. Rupp ISD 270 Hopkins Rupp, Anderson, Squires & Waldspurger, P.A. Minneapolis Charles E. Long Kirk Schneidawind Kennedy & Graven, Chtd. Minneapolis Margaret Luger-Nikolai Education Minnesota Saint Paul Amy E. Mace Minnesota School Boards Association St. Peter Christian R. Shafer Ratwik, Roszak & Maloney Minneapolis Rupp, Anderson, Squires & Waldspurger, P.A. Minneapolis Margaret A. Skelton Gregory S. Madsen Denise Specht Kennedy & Graven, Chtd. Minneapolis Patricia Maloney Ratwik, Roszak & Maloney Minneapolis James K. Martin Booth Law Group LLC Minnetonka Rupp, Anderson, Squires & Waldspurger, P.A. Minneapolis Peter A. Martin Andrea L. Jepsen Nancy Michael School Law Center LLC Saint Paul John O’Donnell Knutson, Flynn & Deans Mendota Heights Executive Director AMAZE Saint Paul Ratwik, Roszak & Maloney Minneapolis President Education Minnesota Saint Paul Daniel J. Stewart Mid-Minnesota Legal Aid Minneapolis Timothy A. Sullivan Ratwik, Roszak & Maloney Minneapolis Josh L. Tilsen Commissioner Minnesota Bureau of Mediation Services Saint Paul John W. Johnson White Bear Lake Member of Planning Committee Tablets! Teaching! Technology! The wave of tablets in education has hit this Conference! All materials for the School Law Conference and the Bullying seminar will be available only electronically. We will provide those materials to all registrants a few days before the Conference. Be sure to download them so they are ready to use on your device the day of the Conference. We have plenty of wifi at the Conference Center. DATE & LOCATION NEW LAWYER SCHOLARSHIP PROGRAM CREDITS •School Law Conference Application is being made to the Minnesota Board of School Administrators for 6.5 continuing education units. Minnesota CLE also is applying to the Minnesota State Board of CLE for 6.5 standard CLE credits. •Bullying Seminar Application is being made to the Minnesota Board of School Administrators for 7.0 continuing education units. Minnesota CLE also is applying to the Minnesota State Board of CLE for 7.0 standard CLE credits. In recognition of the challenges facing lawyers entering the profession, Minnesota Continuing Legal Education has established a scholarship program for unemployed and underemployed lawyers admitted fewer than three years. Those wishing to apply for such assistance should contact Grant at 651-254-2111 or [email protected] for details. QUESTIONS? Call Minnesota CLE at 651-227-8266 or 800-759-8840, or visit www.minncle.org. Minnesota Continuing Legal Education Paid registrants who cancel their registration at least 3 business days before the program will receive a full credit on their account; if fewer than 3 business days, a $25 administrative fee will be deducted. Paid registrants who fail to attend will receive the electronic materials. 2550 UNIVERSITY AVE W #160-S, SAINT PAUL MN 55114 •Bullying Seminar Thursday, November 6, 2014 Minnesota CLE Conference Center 600 Nicollet Mall, Suite 370 Minneapolis, Minnesota CANCELLATION POLICY / NO-SHOW POLICY DATED MATERIAL — PLEASE EXPEDITE! •School Law Conference Friday, November 7, 2014 Minnesota CLE Conference Center 600 Nicollet Mall, Suite 370 Minneapolis, Minnesota CONNECT WITH US! ACCOMMODATION If you have a disability and need an accommodation in order to attend, please contact us in advance of the program at Minnesota CLE, 2550 University Avenue West, Suite 160-S, Saint Paul, MN 55114 or call 651-227-8266 or 800-759-8840. @MinnesotaCLE www.facebook.com/MinnesotaCLE www.linkedin.com/company/266673 MAIL FORM TO: Minnesota CLE 2550 University Ave. W. #160-S St. Paul, MN 55114 GO ONLINE: www.minncle.org Nonprofit Org. U.S. Postage PAID Minnesota Continuing Legal Education TO REGISTER: OR CALL: 651-227-8266 or 800-759-8840 REGISTRATION FORM The 23rd Annual [180-15 / vjo] School Law Conference Bullying – [179-15 / vjo] A Special Seminar for Minnesota School Professionals Friday, November 7, 2014 Minnesota CLE Conference Center Thursday, November 6, 2014 Minnesota CLE Conference Center Tuition: $325 Tuition: $195 I have a Minnesota CLE Season PassSM. Pass # Check here if address below is new. Name (first) (mi) (last) Firm Address City/State/Zip Please register me for the School Law Conference only. Please register me for the Bullying seminar only. Phone Fax E-mail Register for both seminars and save! Combined Tuition: $450 Please register me for both the School Law Conference and the Bullying seminar for a combined tuition of only $450. Atty. License No. (if applicable) ENCLOSED IS $ VISA New Lawyer Discount: I was first admitted to the bar after November 7, 2011 and have deducted $60 from the fee marked above. BY: Check (payable to Minnesota CLE) Card No. Expiration Signature MasterCard Discover AmEx