Archive for the 'Legal Issues' Category

Turner v. Clayton

By John Urkevich, Executive Director

After the Missouri Supreme Court’s July 16, 2010 ruling on the Turner v. Clayton case, St. Louis area school districts received thousands of calls from parents who are interested in relocating their children from an unaccredited school district into an accredited one.

Unfortunately, school districts don’t have any firm answers to give to inquiring parents at this time. While the Supreme Court did rule that students in unaccredited districts may transfer to an accredited district in the same or neighboring county, the court’s opinion is not self-executing. Parents and districts are left seeking clarification and wondering if and when this ruling will go into effect.

Here are some of the issues that need to be considered:

•  Students in districts that receive transfer students will be suddenly faced with larger class sizes and potentially less individualized instruction from teachers. Resources will be spread thin in many of these districts, and the possible cost to construct new facilities for additional non-resident students will cause an additional strain on districts and taxpayers.

•  Students who do remain in an unaccredited district will be provided fewer resources and those districts will likely struggle to improve their performance and accreditation status.  It will be very difficult to provide a high-quality education when the district is making payments to other districts for students who have transferred.

•  Students who transfer from an unaccredited to an accredited school district may in fact receive a better education.

•  Students who presently attend a private or parochial school but live within the boundaries of an unaccredited school district are also eligible to transfer at the expenses of the unaccredited district. This additional cost could be substantial.

While the developments in this case are ever-changing, our member districts can be assured that at Cooperating School Districts we have the best interests of students in mind as we work toward a resolution. CSD has taken a leadership role by forming a coalition of Missouri educational associations to collaborate in developing possible legislation that will impact how this decision is implemented. The coalition includes CSD of Great St. Louis, CSD of Greater Kansas City, Missouri School Boards’ Association, Missouri Association of School Administrators, Missouri State Teachers Association, Missouri National Education AssociationVoluntary Interdistrict Choice Corporation, and St. Louis Public Schools.

Professional Development for K-12 District Staff

By Dr. John Urkevich, Executive Director

ssa-logoAs you know, Cooperating School Districts of Greater St. Louis (CSD) offers several job-alike groups and professional development academies for our member districts. Two groups I would like to feature in this post are the Support Staff Academy (SSA) and the Executive Professional Academy (EPA).

SSA, in its 17th year, is a program designed to provide professional development to noncertified educational support professionals (administrative assistants, secretaries/office personnel, maintenance/custodial staff, food service employees, security officers, teachers aides and library aides) in St. Louis area districts. Annually and throughout the school year, several programs are held on topics like time management, legal issues, and computer applications. At the end of the year, the SSA Mini-Conference takes place. In 2009, the Mini-Conference is all day on Wednesday, June 10 at Maryville University. Speakers include keynote Judith Collins, PhD (on Heroic Leadership: 4 Principals for Transforming your Life), the Virtual Learning Center’s Martha Bogart and Nancy George, and author Jim Mullins (Champs and Chumps: Antiphonal Proverbs for Leaders), plus more. Click here for more information on the SSA.

EPAEPA, on the other hand, is in its first year. This newly established job-alike group is for district level executive assistants. Their mission statement is: The Executive Professional Academy (EPA) will take a prominent role advocating a dynamic high-quality training and networking program for Executive Administrative Assistants to the Superintendent and to the Board of Education. The vision of the select group is to promote and support life-long learning, leadership and team networking to executive level assistants that will positively impact school districts and contribute to the academic achievement of all students. EPA meets monthly; content flips every-other-month between administrative meetings and professional development programming.

For more information on both SSA and EPA, contact Conference & Special Events Coordinator Dorothy White.

What’s On Your Legal List?

By Dr. John Urkevich, Executive Director

Recently the American School Board Journal compiled a list of legal topics prevalent in K-12 education today. (Click here for the accompanying article in the journal by Del Stover and Glenn Cook).

What’s On Your Legal List?

Members of the Council of School Attorneys were asked to pick the top 10 issues from a list of 19 topics identified by the editors of American School Board Journal and NSBA’s Office of General Counsel. The survey was conducted in early November 2008, and 209 responses were received.legal-list

The top 10 legal issues in K-12 education, in order, are:
1.  Employee discrimination/termination
2.  Finance adequacy and equity issues
3.  Student discipline
4.  Collective bargaining
5.  Employment issues related to changes in the Americans with Disabilities Act and the Family Medical Leave Act
6.  Private placement issues related to special education
7.  Disputes regarding attorney fees in special education cases
8.  Free speech
9.  Educator sexual misconduct
10. No Child Left Behind Act interventions

Topics that received votes but were not in the top 10 were: employee and student misuse of the Internet; student searches; civil rights; discrimination; sexual harassment/sex discrimination claims; denial of Free Appropriate Public Education under Section 504 for Students with Disabilities; student and employee privacy; school board member governance; and contract issues such as superintendent procurement.

Missouri schools are not immune to these above complicated issues. As recently as January 12, Missouri School Board’s Association (MSBA) posted on their “Legal Pad” section of their website, regarding employee background checks: “Districts must be very careful not to release the results of a criminal background check to anyone other than the applicant and those responsible for the hiring and contracting of staff. Districts are advised to make a list of the individuals authorized to receive the results of the background check. If the results are ever released to someone other than a person on that list, the district should make a record of when, why and to whom the record was released.”

Other matters listed on MSBA’s website include Collective Bargaining, Special Education, and Online Social Networking Profiles.

The Department of Elementary and Secondary Education (DESE) has several web pages devoted to No Child Left Behind to navigate to help educators and parents. In addition, last year, a group of St. Louis area superintendents and I connected over videoconference to Congressmen Russ Carnahan (D-Missouri) and George Miller (D-California) to discuss NCLB and air our concerns.

Clearly there is no doubt administrators have many legal matters to contend with in schools as well as many resources to help them with such concerns. What K-12 legal issues challenge you? What kind of measures do you take when working with them?


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About CSD of Greater St. Louis

Cooperating School Districts of Greater St. Louis, Inc. (CSD) is a nonprofit education consortium serving 60+ public school districts in Missouri and Illinois. CSD's member school districts represent 1/3 of Missouri's student population. CSD provides nationally-recognized services in business, including cooperative purchasing and an Insurance Trust, character education, communications, digital media, professional development, public education advocacy, instructional technology and video production.

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