Thursday, April 24, 2014

Local Governance

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A “Mini” School Law Boot Camp: School Board Authority, Authored By: Elizabeth Kaleva, Date Published: 11/19/2009 9:39:40 AM, Page Count: 30, Product#: 274240
Public education is a state function. However, with a few states as exceptions, local school boards control it. The authority of school boards is derived from state constitutional, statutory, and/or administrative provisions. The specific scope of authority, as well as potential liability, is defined through statute, administrative regulations, and case law. In addition to specific state and federal statutes relating to education, school boards are also subject to laws governing public bodies, such as open meetings requirements.
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A Board Policy Conundrum: Can Board Policy Create Liability?, Authored By: David R. Day and Seamus P. Boyce, Date Published: 4/29/2008, Page Count: 16, Product#: 262384
School boards make polices; administrators implement policy. How often have we thought about the impact of those policies on the school district that does not follow its own policies? What about claims by third parties that they have been injured due to the policy’s violations? Can board policies create liability where it might not otherwise exist? This article discusses the major liability concerns that may arise from the creation of board policies.
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An Update on IRS Regulations and the Affordable Care Act, Authored By: Leza Conliffe, Date Published: 10/11/2013, Page Count: 7, Product#: 285654
This paper discusses the information reporting requirements, the Additional Medicare Tax, how those actions may affect school districts and identify the hot issues for school districts to watch that the IRS has placed on its "To Do" list for 2013-2014.
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Bargaining with the Board and Beyond: How Do You Manage the Client, Authored By: Richard J. Guercio and Jay Fernow, Date Published: 10/14/2010 11:43:23 AM, Page Count: 23, Product#: 277275
Presented at the Council’s 2010 School Law Practice Seminar, this paper addresses attorney client representation, rules of confidentiality at board meetings including executive sessions, retainers, educating the board, the school attorney as chief labor negotiator, ethical considerations, the presumption that an attorney is an independent contractor, working with the board in labor negotiations, and bargaining strategies and tactics.
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Cash, Check or Charge: Lessons Learned From Conducting a High-Profile Internal Investigation, Authored By: Leticia D. McGowan, Date Published: 11/1/2007, Page Count: 19, Product#: 262099
At some point, every school district will have the need to conduct an extensive internal investigation. How do you decide whether or not internal parties should conduct the investigation or if an external party (i.e. law firm, auditor etc.) should be hired? How will you deal with the demands of the public, employees, Board members, media, and federal and state investigatory units? This paper is designed to offer practical information and guidance on the lessons learned from several high profile scandals.
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Central Falls: Reform’s Testing Ground, Authored By: Stephen M. Robinson and Vicki J. Bejma, Date Published: 10/14/2010 11:32:50 AM, Page Count: 25, Product#: 277272
Presented at the Council’s 2010 School Law Practice Seminar, this paper includes about Central Falls, teacher tenure in Rhode Island, Rhode Island public sector law, school reform, and the view around the country.
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Collective Bargaining in Uncertain Times, Authored By: Richard A. Mills and Rebecca R. Santiago, Date Published: 10/14/2010 11:16:59 AM, Page Count: 18, Product#: 277265
Presented at the Council’s 2010 School Law Practice Seminar, this paper covers unprecedented economic restraints, the collective bargaining framework, planning and preparation for contract negotiations, resolution procedures, and mid-term concession bargaining.
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Dealing with Electronic Record Nightmares for School Boards, Authored By: J.T. Tokarz, Date Published: 11/1/2007, Page Count: 19, Product#: 262094
Although this article identifies basic legal requirements to provide context, it focuses mainly on practical problems in anticipating and responding to electronic record requests. Relatively few attorneys understand where or how to look for electronic records, and even fewer know how to collect electronic records from hundreds of computers or how to efficiently produce the records that are found. This introduction won’t answer every question, but it will identify some big issues.
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Defining the Limits of Board Member Access to District Records, Authored By: James Petrungaro, Date Published: 10/13/2012, Page Count: 17, Product#: 283718
This article addresses responding to board member demands for access to the board’s documents and staff. A review of pertinent legal authority will include the interplay between confidentiality, open government, and board authorizing laws. Practical solutions will be offered, including sample policies, litigation experience and board mechanisms for responding to the board member.
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Detective, Prosecutor and Jury: The Role(s) of In House Counsel in an Internal Investigation, Authored By: W. Douglas Thorne, Date Published: 10/14/2010 11:24:39 AM, Page Count: 25, Product#: 277269
Presented at the Council’s 2010 School Law Practice Seminar, this paper covers the structure of in-house counsel’s office, litigation counsel, who is the client, beginning the investigation, what might be the consequences, potential litigation, forming the investigation team, collection of evidence, preparation of the report, and media issues.
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