Wow, I spent three full days talking about education law. I know you will find this strange, but I did learn a lot and found the sessions very informative. I will break up each session summary into different posts. First, is the update about education laws.
During the Legal and Legislative Update we were given the findings from the most recent cases in AZ and across the country. Among the 31 cases we learned about:
· taxes for education
· Charter Schools receipt of different funding requirements than traditional school districts
· the demise of Career Ladder
· Prop 301 funding requirements to not pay non-certified teachers
· the unfair split of AZ State Retirement System contribution from 50/50 to 53/47 (employee/employer) with the state keeping the 3% difference, instead of schools
· New York City Board of Ed is being sued, because they would not allow a church to use their facilities….stay tuned
· USSC has denied review for 1st Circuit Decision upholding New Hampshire law that requires students to recite the pledge of Allegiance with 'under God' reference
· HS teachers entitle to qualified immunity from a suit brought by a student claiming the teacher's classroom remarks violated student's rights under 1st Amendment.
· Cheerleader claimed Basketball player and his friends raped her. The case was thrown out. The cheerleader later refused to cheer for the player when he went to the free throw line. 5th Circuit ruled that cheerleader did not have 1st Amendment right to not cheer as a silent protest.
· How far can school districts go in regulating online off-campus speech of students? Rule: School must show nexus between students' off campus activity and substantial disruption to learning environment to regulate.
· In North Carolina a 13 yr old Special Ed student was interrogated by police and other school officials. The district is being sued, because no legal guardian was notified and Miranda warning was not given.
· ADM/ADA - needs clarifying the technical changes to teacher certification. Early K repeaters can receive a fractional amount of the funding if they complete K the 2nd year.
· Administrative Reduction- Classroom Site Fund - $120 and supplanting for FY2012. Override calculation relief continues for FY2012 - base level Full Day K. Shortened timeline for school closure. Increases bonding capacity for bonds approved prior to 4/5/11
· School Accountability- AZ LEARNS assigns a letter grade to a school. Requires State Board of Ed to adopt guidelines to include supplementary training in reading instruction as part of a schools improvement plan for K-3 teachers who teach in a school that receives a label of underperforming or D under AZ LEARNS
· Bullying-Expands those eligible to report from students to also parents and school
Financial Transparency - Requires public meeting and link to the budget from the School's website and give ADE the link.
Marijuana - AZ employers can't discipline an employee with a RX for Marijuana, unless they are in possession or impaired by the drug on school premises. Districts set policy that every employee is in a safety sensitive position.
JTEDS - no more for 9th graders
Unification and Consolidation - Committee of 16 members Joint Legislative Study. Committee required to report by Dec 31st. County School Superintendents proactive with support from Regional Service Centers
School Funding Study Committee - Committee of 14 member Joint Legislative Study. Must report by Dec 31st
Residency - Requires parents of a child who will attend public school to provide verifiable documentation of AZ residency. Residency, not citizenship. Requires school districts and charter schools to maintain the documentation
Voucher - Allows parents of disabled kids can get funding for sending their child to a charter school
School Board - Establish a dropout recovery program and specifies program requirements and funding. Requires district governing boards to consult with AIA to develop guidelines, info, and forms to educate coaches, students, and portents about the dangers. Can't deduct payment from the employee paycheck for political purposes unless the employee gives written or electronic authorization on a yearly basis.
Parents Rights - Parents have a right to review learning materials and activities and remove their child from certain activities or classes deemed harmful by the parent.
ASBA HB 2002- ASBA created a 501C4 organization, called the Friends of ASBA. Friends of ASBA will not be funded by school districts.
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