SAI Annual Conference 2006

1. SAI Annual Conference 2006 Matt Carver, J.D., Director of Legal Services tel - 515.267.1115 fax - 515.267.1066

2. I may be new to SAI, but . . .

3. . . . I’ve been supporting administrators for many years!!!

4. Agenda • Legislative Update • Athletic Eligibility • U.S. Supreme Court IDEA Cases • School Crimes • Jumping Contract & Ethics Implications • Free Speech & Web Postings (e.g.- MySpace)

5. Legislative Update • New Graduation Requirements • Beginning with students entering 9th grade in the fall of the 2007-2008 school year (the class of 2011), local graduation requirements shall include: • 4 years of English/language arts • 3 years of math, science & social studies • Additionally, data collection regarding the number of students taking the ACT Core will be developed, and districts will include in the local Comprehensive School Improvement Plan (CSIP) information on how districts will increase the numbers of students taking the ACT Core • The DE will issue further guidance

6. Legislative Update • Changes to Early Intervention Requirements • Requires school districts to ensure that a parent signs off on the receipt of K-3 diagnostic assessment results if the student performs “below grade level” • If the parent does not sign off, the school is required to note that lack of signature in the student’s permanent file • Due to the challenge of determining how to determine if a student is “below grade level,” the DE has recommended that districts consider having all K-3 parents sign off on the receipt of assessment results under the K-3 early intervention program

7. Legislative Update • LEA Financial Reporting • School districts will be required to annually distribute a financial report to the public ON THE DISTRICT’S website (or otherwise post or distribute the report if the district does not have a website) with seven required areas of information, to include: • Property tax levy and local option sales tax information; • Federal funding, to include grants, received by the district • Teacher & administrator minimum, maximum and average salary in the district • Student enrollment levels during the preceding five years • The DE will develop a template and prepopulate the template with the existing collected data

8. Legislative Update • Certified Enrollment Deadline Changed • Any deadline, such as the count date, that was linked to the “the third Friday in September” is now moved to “October 1” • Changes the enrollment certification date from October 1 to October 15 • Clarification on any deadline change caused by this action will be included in the annual training on reporting of certified enrollment • This change is effective for this school year

9. Legislative Update • Open Enrollment • A mechanism created for a resident district to appeal to the Director of the DE if it believes a decision by a receiving district regarding good cause determination was not legal • Preschool attendance does not satisfy continuity provisions in the existing law

10. Legislative Update • Mandate for Media Program and Teacher Librarians • Requires all school districts to have a media program with oversight by a properly licensed teacher librarian • Librarians or media specialists under contract prior to June 1, 2006, have five years to obtain certification • If district has a contract with a person with a master’s degree in library and informational studies, the district is in compliance until that individual leaves

11. Legislative Update • Teacher Quality • Any counselor or teacher librarian new to the profession shall now be included in mentoring and induction program • Removes significance of “classroom teacher” designation for mentoring and induction • Maintains funding for one day of professional development, but requires that the funding be distributed locally on an individual per diem basis (additional guidance will follow from the DE)

12. Legislative Update • New Administrator Mentoring and Induction • Creates a new Iowa Code Chapter 284A specifically for administrator quality • Districts are required to have a mentoring and induction program plan for new administrators • The plan shall: • (1) Describe mentor selection process; • (2) Describe supports for beginning administrators; • (3) Describe program organizational and collaborative structures; • (4) Provide a budget; • (5) Provide for program sustainability; and • (6) Provide for program evaluation.

13. Legislative Update • New Administrator Mentoring and Induction • Districts are to keep the mentoring and induction program plan on file in the district office • Districts are to certify on their CSIP that plan is on file • Districts may develop their own program plan OR contact SAI for assistance

14. Legislative Update • Bid Limits • Following projects are NOT SUBJECT to Iowa Code Chapter 38: • Emergency work or repair or maintenance work performed by employees of the school district • If private funds are offered to a governmental entity for a building or improvement project to be used by the public, and such funds are conditioned upon private construction of the building or improvement, AND the government entity does not contribute any funds to such construction • Projects costing $40,000 and under if school district has population of less than 50,000 • Projects costing $57,000 and under if school district has population of 50,000 or more

15. Legislative Update • Bid Limits • For projects over $40,000 or $57,000, but under $100,000: • Government entity must make a good faith effort to obtain quotes from at least 2 contractors regularly engaged in such work • Government entity may provide a quote • Contract shall be awarded to the contractor submitting the lowest, responsive, responsible quotation or school district shall reject all quotations

16. Legislative Update • Bid Limits • For projects over $100,000: • School district must advertise for bids (“Notice of Letting”) • Notice must be published more than 20 days but not more than 45 days before the date set for receiving bids • Notice of hearing must be published not less than 4 or more than 20 days before the date of the hearing • The school district must fix the bid security required PRIOR to publishing the Notice of Letting. Bid security between 5% - 10% of the estimated total contract cost or of the amount of each bid

17. Legislative Update • Bid Limits • For projects over $100,000 (cont.): • The school district may by resolution: • (1) award the contract to the bidder submitting the lowest responsive responsible bid; • (2) reject all bids received; or • (3) fix a new date for receiving bids and order publication of a new notice of bidders

18. Legislative Update • Bid Limits • Release of Retainage: • At any time after all work on the project is substantially completed (as defined in Chapter 38) a contractor may request the release of all or part of the retained funds owed • The contractor’s request shall be accompanied by a sworn statement that the contractor gave subcontractors and suppliers notice of the request at least 10 calendar days earlier

19. Legislative Update • Bid Limits • Release of Retainage (cont.): • The school district shall release all retained funds at the time of the next meeting or within 30 days of the request, whichever is less • School district may retain an amount equal to 200% of the value of labor or materials yet to be provided • If the school district withholds funds, it must provide its reason for withholding within 30 calendar days of the receipt of the request

20. Athletic Eligibility • Iowa Administrative Code 281-Chapter 36.15(2) • Effective July 1, 2006 • However, ineligibility for upcoming semester is based upon old rules

21. Athletic Eligibility • A student must receive credit in at least 4 subjects at all times. • Pass all and make adequate progress toward graduation to remain eligible.

22. Athletic Eligibility • If not passing all at end of a grading period, student is ineligible for first period of 20 consecutive school days in the sport in which the student is a BONA FIDE CONTESTANT. • If the student is not in the middle of a season, then ineligibility will run for 20 consecutive school days starting on the date when the athletic association/union states that games may begin. • “grading period” shall mean the period of time at the end of which a student in grades 9 through 12 receives a final grade and course credit is awarded for passing grades.

23. Athletic Eligibility • If not passing all at end of final grading period of the school year and student is a contestant in baseball or softball, student is ineligible for next four weeks of that sport but has eligibility in the fall. • If not passing all at any school instituted check point (ie, mid-terms, quarters, etc.), period of ineligibility and conditions of reinstatement are left to the school.

24. Athletic Eligibility • All member schools shall provide appropriate interventions and necessary academic supports for students who fail or who are at risk to fail, and shall report to the department regarding those interventions on the comprehensive school improvement plan (CSIP) • A “student with a disability” and an IEP is judged based on progress made toward IEP goals. (Not a substantive change; verbiage is changed to align with IDEA.) • No summer school to make up for failing grades

25. Athletic Eligibility • The State Board of Education has statutory authority to make eligibility rules only for students involved in interscholastic athletics. The Iowa High School Speech Association (IHSSA) and Iowa High School Music Association (IHSMA) are not bound by rule 36.15(2).

26. Athletic Eligibility • Pass All – 30 school days of ineligibility • IHSSA’s board of directors voted in June to impose the “pass all” requirement, but the period of ineligibility will be the 30 school days immediately following the grading period in which the failure occurred. • IHSMA’s board approved the pass all/30 school days rule, but its bylaws require that a simple majority of its member schools approve the change. Ballots will be sent out this fall.

27. Athletic Eligibility • Activities not Covered by any State Association • No state association governs cheerleading, dance/drill teams, FFA, DECA, etc. Participation in these activities is left to local control.

28. Individuals with Disabilities Education Act (IDEA) • Arlington Cent. School Dist. Bd. of Educ. v. Murphy, 126 S.Ct. 2455 (2006). • Facts - Parents of disabled student, having prevailed in IDEA suit against school district sought fees for services rendered by an educational consultant during the proceedings.

29. Individuals with Disabilities Education Act (IDEA) • Arlington Cent. School Dist. Bd. of Educ. v. Murphy, 126 S.Ct. 2455 (2006). • Supreme Court held: • (1) Any conditions that Congress attaches to a State’s acceptance of funds must be “unambiguous” • (2) IDEA’s allowance of attorney’s fees “as part of costs” is not an open-ended provision for other expenses, such as consulting fees

30. Individuals with Disabilities Education Act (IDEA) • Schaffer et al. v. Weast, Superintendent, Montgomery County Public Schools et al., 126 S.Ct. 528 (2005). • Facts - Parents of disabled student initiated due process hearing pursuant to IDEA to challenge individualized education program (IEP) developed by school district and argued that initial burden of proof regarding adequacy of IEP should be placed on school. Parents had paid for son to attend private middle school, because of their disagreement with IEP team’s decision for student to attend public school.

31. Individuals with Disabilities Education Act (IDEA) • Schaffer et al. v. Weast, Superintendent, Montgomery County Public Schools et al., 126 S.Ct. 528 (2005). • Supreme Court held: • (1) Under the IDEA, the burden of proof in an administrative hearing challenging an IEP is properly placed upon the party seeking relief, whether that is the disabled child or the school district. • (2) Supreme Court noted that, in effect the parents asked the Court to assume that every IEP is invalid until the school district demonstrates it is not. • NOTE - The Supreme Court refused to address the issue of whether a State may legislatively put the burden on the school district. Several States, such as Minnesota, Delaware and Alabama have such laws.

32. School Crimes • Mrs. X, a board secretary and secretary to the HS principal in NE Iowa, embezzled over $120,000.00 (YES - $120k) over a three year period using a complicated scheme between accounts for athletic event gate receipts and checks from the lunch program. During the 3 years prior to February 1, 2003, Mrs. X was also shown to have used the money for her gambling problem at a casino in Iowa. Mrs. X never admitted that she had such a problem.

33. School Crimes - Mrs. X • October 18, 2005, Mrs. X was convicted of: • Theft in the Third Degree • Fraudulent Practice in the Third Degree • Two Year Prison sentence, numerous fines & ordered to take counseling for her gambling problem • Mrs. X is further facing a civil law suit by the school’s insurance carrier

34. School Crimes - Mrs. Y • Mrs. Y, a school employee in NE Iowa, was charged with 55 counts of altering academic grades and three counts of theft for taking football concession money and ordering food and drink products for school functions, but using the merchandise herself. Mrs. Y had worked for the district for the past 20 years, as a teacher's aid and a secretary in the high school guidance office. Police said on 55 occasions over a six year period she changed the official grades for 12 students in the computer of students on their official transcripts between 1999 and 2004. Mrs. Y was accused of misappropriating a total of nearly five thousand dollars from the Iowa Cheerleaders Association Bank Account, and high school prom ticket money over a three-year period. Mrs. Y used her home computer to scan and alter bank statements.

35. School Crimes - The Law • Iowa Code §715A.6A PROHIBITIONS RELATING TO FALSE ACADEMIC DEGREES, GRADES, OR HONORS. 1. As used in this section, "academic degree" means a diploma, certificate, license, transcript, or other document which signifies or purports to signify completion of the academic requirements of a secondary, postsecondary, professional, or governmental program of study. 2. A person commits A SERIOUS MISDEMEANOR if the person, knowingly and willingly, does any of the following: a. Falsely makes or alters, procures to be falsely made or altered, or assists in falsely making or altering, an academic degree. b. Uses, offers, or presents as genuine, a falsely made or altered academic degree.

36. School Crimes - The Law (cont.) • 715A.6A PROHIBITIONS RELATING TO FALSE ACADEMIC DEGREES, GRADES, OR HONORS. (cont.) c. Sells, gives, purchases, or obtains, procures to be sold, given, purchased, or obtained, or assists in selling, giving, buying, or obtaining, a false academic degree. d. Makes a false written representation relating to the person's academic grades, honors, or awards, or makes a false written representation that the person has received an academic degree from a specific secondary, postsecondary, professional institution, or governmental program of study, in an application for any of the following: (1) Employment. (2) Admission to an educational program. (3) An award or other recognition. (4) The issuance of an academic degree to the person.

37. School Crimes - Mrs. Y • February 20, 2006 • Judgment entered against Mrs. Y for the following offenses: • Two (2) Counts of Theft in the Second Degree • Ten (10) of the Counts for Falsifying or altering academic grades • One (1) Count of Theft in the fifth degree

38. School Crimes - Mrs. Y • Incarceration: • (1) A suspended five year sentence • (2) A term of 30 days in the county jail • Fines: Mrs. Y was ordered to pay thousands of dollars in fines, restitution and attorneys’ fees

39. School Crimes - Mr. Z • Mr. Z, a former business manager of a Central Iowa district, misappropriated over $200,000 of district money, which he used for his gambling addiction • Mr. Z, age 61, received a ten(10) year prison sentence for first degree theft and was ordered to pay $3000 in restitution • Fortunately, his former employer had enough fidelity insurance to cover the loss

40. School Crimes - Lessons Learned • Educate staff on criminal consequences of illicit behavior • Educate staff on resources relating to gambling addiction • One does not have to actually change grades in the school’s official records to violate Iowa Code Section 715A.6A, concerning the falsification of ACADEMIC DEGREES, GRADES, OR HONORS (ie, misrepresentation in a cover letter may be enough) • ENSURE YOUR DISTRICT HAS ENOUGH FIDELITY AND ERRORS AND OMISSIONS INSURANCE COVERAGE!!!

41. Contract Jumping & Ethical Implications • Superintendent from SW Iowa took a job as superintendent in north central Iowa. A teacher, and recently licensed administrator from his old district resigned her special education position prior to June 30 to take the position of principal in the north central district. North central district sent contract prior to her release, and new administrator began working without pay in north central Iowa, again prior to release. Superintendent with SW district filed a professional practice complaint against teacher and former superintendent.

42. Contract Jumping & Ethical Implications • Iowa Code §279.23, Continuing contract for administrators. • 1. Contracts with administrators shall be in writing and shall contain all of the following: • . . . • d. A statement that the contract is invalid if the administrator is under contract with another board of directors in this state covering the same period of time, until such contract shall have been released or terminated by its provisions.

43. Contract Jumping & Ethical Implications • 282-25.3 Standard V - violations of contractual obligations • a. Violation of this standard includes: • . . . • (2) Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract. An administrator shall make a good faith effort to determine whether the practitioner has been released from the current contract • (3) Abandoning a written professional employment contract without prior unconditional release from the employer. • . . . • b. . . For purposes of enforcement of this standard, a practitioner will not be found to have abandoned an existing contract if: • . . . • (2) The practitioner provided notice to the employing board no later than the latest of the following dates: . . .3. June 30.

44. Contract Jumping & Ethical Implications • BoEE’s Decision: • (1) A preponderance of the evidence did not support the conclusion that the superintendent or the principal thought that the principal was being asked to sign a new contract before she was released from her old contract, thus superintendent was not disciplined due to violation of 282 IAC 25.3(5)”a”(2). • (2) Superintendent was issued a letter of reprimand for allowing a practitioner to act as an administrator in his school district while she was still under contract to another school district in Iowa, in violation of Iowa Code Section 279.23 and 282 IAC 25.3.

45. Free Speech & Web Postings • A number of boys in an Iowa high school believed that Sue, one of the female students, was a lesbian. One boy, Joe, posted the following comment on his MySpace website, while at home: "We are going to conquer that lesbian, Sue, by 2:30 p.m. on Thursday." Joe made numerous harassing comments to Sue outside of school.

46. Free Speech & Web Postings • Kristin, one of Sue’s friends, shares an instant messenger printout between her and Joe, which read as follows: • [Kristin] - "What are you guys trying to do to Sue? If you don't stop, I think she is going to drop out of school." • [Joe] - "Good. Then we will have won."

47. Free Speech & Web Postings • Doe v. Pulaski, 306 F.3d 616 (8th Cir. 2002) • Facts - Eighth grade boy expelled for terrorizing threats made toward ex-girlfriend in a letter written at home about girl’s rape and murder. Family appealed.

48. Free Speech & Web Postings • 8th Circuit Court of Appeals held that: • (1) expelled student intended to communicate the letter in which he described how he would rape and murder a classmate; • Factors considered: • (a) student shared the letter with his friend, knowing that the friend would likely tell his ex-girlfriend or even give her the letter • (b) student discussed the letter in more than one telephone conversation with the girl

49. Free Speech & Web Postings • 8th Circuit Court of Appeals held that: • (2) a reasonable recipient would have perceived the letter as a threat, so that expulsion of student did not violate the First Amendment; • Supporting facts: • (a) the letter “exhibited J.M.’s pronounced, contemptuous and depraved hate for K.G.” • (b) letter warned K.G. not to go to sleep because he would be lying under her bed waiting to kill her with a knife; • (c) K.G. broke down crying and refused to leave the gym after first reading the letter; • (d) K.G. slept with her lights on for the first couple of nights • (e) J.M. never attempted to alleviate K.G.’s fears (it appeared that he wanted her to be frightened)

50. Free Speech & Web Postings • True Threat & Reasonable Recipient • Reasonable Recipient factors include: • (1) the reaction of those who heard the alleged threat; • (2) whether the threat was conditional; • (3) whether the person who made the alleged threat communicated it directly to the object of the threat; • (4) whether the speaker had a history of making threats against the person purportedly threatened; and • (5) whether the recipient had a reason to believe that the speaker had a propensity to engage in violence. • NOT ALL FACTORS HAVE TO BE SHOWN!!! • United States v. Dinwiddie, 76 F.3d 913 (8th Cir. 1996).