School Policies on Immigration, FMLA, Cell Phone Use | March 2025 Agenda
Explore the March 2025 agenda for sub-managers discussing important topics such as immigration procedures, FMLA eligibility, and regulations on cell phone use during school hours. Learn about addressing ICE mandates, FMLA criteria, and handling cell phone policies for students and staff members.
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Presentation Transcript
STEDI, MARCH 2025 WELCOME SUB MANAGERS!
AGENDA FOR TODAY Immigration and ICE, what can they do and what can we do. (students or employees) FMLA and eligibility Cell Phone Use during the school day (students and employees) Transgender issues (students or employees) Overtime and benefits eligibility Workers Compensation and Unemployment
IMMIGRATION AND ICE With current government mandates regarding immigration, what can we do as school systems? What have I done to calm fears? There is nothing that prevents us from respectfully requesting that if ICE needs to conduct business, that they do so after school or not on school property. Feel free to have a conversation with them and get their view. Can we refuse access. Does ICE have legal authority to make an arrest or other detention? Yes What documentation do they need to have? A judicial warrant, specifically naming a student, students or staff members they are looking for.
IMMIGRATION AND ICE CONTINUED They should not be coming in looking for illegal aliens without a judicial warrant. If they present a judicial warrant, not allowing them execute it could mean an obstruction of justice charge. You can ask for their identification and verify it (badge or other proof that they are who the say they are) and carefully examine the warrant to make sure that identifies a student or staff member, and that it is signed by a judge or other legal officer. If the warrant does not name a student or does not appear to be validly issued, we can refuse to allow access to the student unless they identify other legal authority for entering and making the arrest. If that occurs, then the school should consult with administration and legal counsel.
FMLA AND ELIGIBILITY Here are the parameters Work for the employer for at least 12 months. Work at least 1,250 hours in the past 12 months. Do you pay them hourly? (That would be 7 hours per day for a 180-day contract.) Work with an employer that has 50 or more employees within 75 miles. IF eligible, up to 12 weeks unpaid leave. https://www.dol.gov
CELL PHONE USE DURING THE DAY STUDENTS OR STAFF First of all, what does your district/charter policy say? What, if anything does your legislative body or board say? Recently in our district, we have made changes to have a no cell phone use at school. They are turned off and put away. Students and staff. We have levels of offenses from calling parents to taking the phone away and meeting with admin to get the phones back. We have current legislation that will guide us as we go forward, so this might change a little.
TRANSGENDER ISSUES, ANIMALS Address the student by their name on the rolls of the SIS. What do your policies state? Use of changing rooms and bathrooms. (assigned gender at birth?) Take the wind out of the issue or perceived issue. (gender-neutral or faculty bathroom) Laws regarding this are changing. Have they legally changed their gender on the birth certificate? What if they identify as a pet and want to be treated as such? How have you approached this? How do you handle comfort animals (students or staff)
OVERTIME AND BENEFITS ELIGIBILITY What are the rules for receiving overtime? More than 40 hours worked in a week. How have you defined what day your work week starts? Do you send them home when they hit 40 hours? Do you allow flex time? Are they building-based subs or full-time? What does your state retirement system say about subs and eligibility? Can they have leave? https://www.dol.gov/agencies/whd/flsa/faq
WORKERS COMP AND UNEMPLOYMENT What does your state say about workers comp issues. Are they required to call a nurse for triage? Are they required to go to a certain facility? What is the payment options if they are injured at work? Unemployment. Are you tracking their hours, when they turn down work or not answer the phone? What do you do if they file for unemployment?
QUESTIONS? We have talked about many things today, what other questions might you have? If you need to talk offline, please email me at tchristensen@tooeleschools.org, and we can set up a time to Zoom or talk on the phone.
