SAI 2015 Elementary Level MentorMentee Meeting Top 5

SAI 2015 Elementary Level – Mentor/Mentee Meeting Top 5 Legal Issues this Fall 3/6/2021 Matt Carver, J. D. , Director of Legal Services tel - 515. 267. 1115 fax - 515. 267. 1066 Email – mcarver@sai-iowa. org 1

Top 5 Legal Issues 5. Can’t we all just get along? ! ¨ Remind staff members that others in the community are monitoring their social media pages. ¨ It does not set a positive tone or create a culture of trust in the building when staff members are criticizing each other on Facebook or social media sites. ¨ All staff members need to know that their speech on social media is not protected if it creates inefficiency in the workplace. ¨ Without accusing anyone in your building about acting inappropriate, it may be a good time for you to discuss best practices to resolve complaints or issues between staff members. ¨ Also remind them not respond or like/favorite inappropriate comments of other community members. 3/6/2021 2

Top 5 Legal Issues 4. Parent sex offenders on school property. ¨ Remember, if the parent or other visitor’s offense was against an adult, then s/he has the same right to be on school property as any other visitor in that particular category. ¨ Whether the offense was against a minor or an adult, the district may restrict volunteer or employment opportunities. ¨ Even if the offense was against a minor, the parent is able to take the reasonable time necessary to drop his/her child off at school or pick him up. ¨ If the offense was against a minor, then the offender needs written permission to be in the building or at an activity, unless one of the exceptions applies (e. g. , voting, dropping off kids, etc. ). 3/6/2021 3

Top 5 Legal Issues 3. Communicate with parents/guardians, students, staff, and your supervisor. ¨ Many issues will never go beyond you or rise to the level of being a problem if parents/guardians, students, and staff feel that you care about them, or, in the case of parents, about their children. ¨ Get in the habit of meeting with even the most difficult parents, if you foresee a problem surfacing. ¨ Don’t attempt to solve parent disputes over email, unless there is a necessity to make a written record of your position or actions. ¨ If you communicate regularly with your supervisor and have a “no surprises” approach you will be less likely to be the one surprised by a negative evaluation down the road. 3/6/2021 4

Top 5 Legal Issues 2. The key to tuition-free attendance is whether the student is living in your district to make it a home and is not there solely for school purpose. • While it is ideal for the student to be living with a guardian or someone with power of attorney, s/he does not need to be with such an adult to establish residency. (Consider the custody order) • Do not hesitate to communicate with administrators in the student’s past district or where you believe the student may actually reside. • Asking the parents a series of questions may help to sort out whether the family is actually living in your district. • There is nothing wrong with requiring some proof of residency (e. g. , bill, lease) [private information may be redacted] 3/6/2021 5

Top 5 Legal Issues 1. Stay neutral in custody disputes and follow court orders concerning visitation. • Unless a staff member feels an ethical obligation to voluntarily side with one parent over another to look out for the best interests of a student, it is best to have each parent’s attorney subpoena staff or for staff to cooperate with both sides in a coordinated manner. • Visitation - (e. g. - Dad just wants to have lunch with son. ) The school does not need to allow parent visits and volunteering to turn into a game of one-upmanship. • If a parent/grandparent/guardian is not pleased with the visitation language in a court decree, they may have their attorney attempt to have the decree amended. 3/6/2021 6