Legal Developments & School Law Resources for 2020-21
Stay updated on important legal developments in the field of education with a focus on legislative updates, US Supreme Court decisions, and red flag legal issues for the year 2020-21. Access resources to keep abreast of school laws, including West Virginia statutes, and learn about new legislation of special concern. Caution and reminders about the changing nature of the law are highlighted. Explore various aspects of school law such as information, teachers, students & discipline, technology, health, career & workforce education, curriculum, safe schools, and business & finance. Stay informed and engaged throughout the year with valuable insights and guidance.
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Presentation Transcript
Legislative Update/Important Legal Development Rick Boothby Howard Seufer
Our Agenda School law resources to help stay up-to-date 2020 legislation of special concern A new U.S. Supreme Court decision New grievance opinions of interest to the business office Red flag legal issues for 2020-21
Caution! We speak in general terms today. The specific facts of each situation can make a difference in the legal principles that apply This presentation must not be treated as legal advice about any specific situation Due to the rapidly changing nature of the law, information in this presentation may become outdated When in doubt, don t act or rely upon the information contained in this presentation without seeking legal advice
Some School Law Resources To Help You Keep Up-to-Date All Year Long
School Laws of West Virginia Be sure you are now using the blue-cover School Laws of West Virginia book Current versions of the statutes are always available at the West Virginia Legislature s website http://www.legis.state.wv.us/WVCODE/Code.cfm
eNewsletter Mailing List Send an email to Sarah Plantz: splantz@bowlesrice.com Tell Sarah: Who you are Your position in public education Your school board s name That you want to receive the eNewsletter
NEW LEGISLATION OF SPECIAL CONCERN
1. Information 2. Teachers 3. Students & Discipline 4. Technology 5. Health 6. Career & Workforce Education 7. Curriculum 8. Safe Schools 9. Business & Finance
Senate Bill 16 Creating Protect Our Right to Unite Act Effective May 13
A school district cannot require tax- exempt associations to disclose any record identifying its donors or members, such as names, donation histories, home addresses, and any other information from which the identities of donors and members could reasonably be determined
Nor may a district in the possession of such information lawfully disclose it The consequences can be costly! Yikes! School Support Organizations under State Board Policy 1224.1,Accounting Procedures Manual for the Public Schools in the State of West Virginia
Senate Bill 623 Allowing noncitizen of US be eligible for teaching certificate Effective February 21
House Bill 4378 Relating to disciplining teachers Effective June 4
License suspension of at least 5 years for a teacher found to have committed any act of sexual abuse of a student or minor or to have engaged in inappropriate sexual conduct with a student or minor or committed an act of cruelty to children or an act of child endangerment or solicited, encouraged, engaged in or consummated an inappropriate relationship with any student, minor, or individual or
exploited a student by engaging in any of the aforementioned illegal or inappropriate conduct which then escalated into a relationship with the exploited student within 12 months of that student s graduation, or engaged in grooming a student or minor
Grooming a student or minor is defined: befriending and establishing an emotional connection with a student or minor which may include the family of the student or minor, to lower the student s or minor s inhibitions with the objective of committing sexual abuse, child trafficking, child prostitution, the production of child pornography, or any other offense for which a license shall be revoked under this subsection
3. Students & Discipline
Senate Bill 842 Requiring Superintendent of Schools establish a Behavior Interventionist Pilot Program in two school districts for five years Effective March 6
Behavior Interventionist: Someone who is trained to address student behavior issues at a school A school-based position that specializes in addressing behavior issues at a school
The behavior problems of special education students are handled more effectively by personnel who have training and experience in addressing student behavior issues Parts of the bill address all students with behavior issues without regard to whether they qualify for special education and related services
Actually, 2-10 county boards will participate in the pilot Based on which boards have: the highest number of students with individual education programs, a significant number of students enrolled with behavior issues; and the resources to hire and train employees who specialize in working with students with behavior issues.
Senate Bill 261 Creating criminal penalties for introducing ransomware into computer system with intent to extort Effective June 5
The use of ransomware to obtain money or other benefits is a felony punishable by up to 10 years in prison and fines up to $10,000
Senate Bill 291 Requiring PEIA and health insurance providers to provide mental health parity Effective June 5
The goal of this legislation is to achieve equal treatment ( parity ) for 1. behavioral health, mental health and substance abuse disorder health insurance claims, on the one hand, and 2. medical and surgical claims, on the other The legislation applies to PEIA and to all other health insurers
House Bill 4497 Requiring an external defibrillator device at any secondary school athlete event Effective June 5
Beginning July 1, 2021, automated external defibrillator devices (AED) must be present on school grounds or event grounds during all SSAC- regulated athletic events and practices Appropriate school sports personnel must be trained in the use of AEDs An emergency action plan must be posted at these locations during these same events
6. Career/Workforce Education
Senate Bill 303 Enacting Students' Right to Know Act Effective January 1, 2021
To help high school students make more informed decisions about their futures, specifically the costs of education and training (during and after high school) and the average returns on those investments
WV BOE, HEPC and CCTCE to annually collaborate to obtain and publish a long list of helpful information about certificate programs vocational programs two-year college four-year college, and other alternative career paths including but not limited to military service
House Bill 4790 Relating to Career Technical Education for middle school students Effective June 2
By 2022-23, county boards must start offering elective CTE courses to middle school students The electives may include, but are not limited to foundational CTE courses, and CTE courses developed with a focus on high-need occupational areas within the area or region, agriculture, industrial arts and family and consumer sciences
Senate Bill 42 Permitting faith-based electives in classroom drug prevention programs Effective June 5
Comprehensive drug awareness and prevention programs in grades K-12 may include faith-based electives, along with non-faith-based electives, for drug awareness in classrooms WV BOE policy will direct how to offer a faith-based elective in a way that is consistent with constitutional requirements
House Bill 4069 West Virginia Student Religious Liberties Act Effective June 5
Student expression A public school district shall not discriminate against students or parents on the basis of a religious viewpoint or religious expression
The Act Expressly Addresses Religious expression in class assignments Freedom to organize & advertise religious groups and activities Voluntary student expression of religious viewpoints Displaying religious messages or symbols
House Bill 4780 Permitting county boards to offer elective courses of instruction on the Bible Effective June 2
Allows an elective grade 9-12 social studies course on the Old Testament, the New Testament, or both the Old and New Testaments of the Bible To learn the biblical content, characters, poetry and narratives that are prerequisites to understanding the development of American society and culture, including literature, art, music, mores, oratory, and public policy
Bible courses offered by counties must comply with relevant laws on maintaining religious neutrality and accommodating the diverse religious views, traditions, and perspectives of students in the school These elective courses must not endorse, favor, promote, disfavor, or show hostility toward, any particular religion or nonreligious faith or religious perspective
Boards choosing to offer these electives must submit to WVDE their course standards including teacher qualifications and required professional The bill does not require WVDE approval of a county board s course standards
