Law and Finance: Sacred Heart 092: Day 6

Day 6

Types of INSURANCE

Fully insured or self insured

Montville self insured (stop loss of 125,000)
-stop loss is insurance on your insurance…liability for self-insurer has a ceiling
-what is the trend?
-338k in claims per month
-prescriptions are rising the most
-trend up about 12%

Self insure because OVERALL it is cheaper

To switch from SELF to FULLY insured…district must pay run out costs…

COLLECTIVE BARGAINING

-must bargain in good faith
-can look at the past (long remembered)
-side letters can be used to change agreement mid-stream without opening
contract and not setting a precedent
-“Scope of Bargaining” – Mooney 440
-decisions on curriculum and school closings need NOT be negotiated
-lengthening school day or days MUST be negotiated
-“holiday turkey” example – significantly the past practice rules cuts both ways.
-past practice is not defined by one time but consistent practice for one group
“just cause” – Money 454
-time lines pg 463 (between 240th and 210th days first meeting, 160th day enter mediation, 135th day enter arbitration…arbitrators appointed by governor…historically 50/50 overall)

?WHat is stipulated arbitration.?

Columbia (Pfizer, Putnam) – IBB – Interest Based Bargaining
-both sides sitting together, not lawyer v lawyer
-saved $$$ (24k down to 6k includes training)
-more personal

BUDGET PRESENTATIONS
-Columbia gives surplus back!?!?! (Good or Bad?)

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Law and Finance: Sacred Heart 092: Day 5

Tom – new Principal
-99% of job is common sense
-step back before you act, “what is best for kids”
-join administrative hiring committee (be a leader)

Jeff – new assistant (SHU fairfield guest lecturer)
-use your district resources wisely to gain knowledge (spec ed, custodian, food services, etc)

INTERVIEW QUESTIONS
-what is good instruction
-discipline
-culture/climate
-scenario
-technology
-vision
-special ed (especially for asst. principal) – PJ case…time with non-disabled peers
-entry plan
-research school (SSP, special programs, ….)
-understand CMT, CAPT
-“What is the most common misperception people think of you.” – never have a bad day
-collaboration
-data
-advice: be visible and listen
-score a prompt every once in awhile

Use the guiding questions for manifestation determination
-based in 504 or SPEC ED law
-special ed coordinator would know
-Mooney book
-DOCUMENT EVERYTHING!!!!

If you give parents enough time to talk they usually give you enough rope to hang yourself.

——————-

Judy Arin-Krupp – BOOK: “Ages and Stages”
———————
GET FAMILIAR WITH TENANTS of PJ!!!!!!
-mainstreaming special ed students…number of hours in classroom…
-COLOR CODES
–GREEN GOOD
–YELLOW, not in trouble but careful
–RED,not meeting with tenants
-must exhaust personal and tech before taking out of classroom
—————————————-
Inclusion must be looked at on a case-by-case basis
-too much can harm students as much as not enough
-benefits for regular ed students
————————————————
MAIN THEME for CLASS: Content v process…elaborate in 6 page journal…
—–
EFFECTIVE PPT
-know the paperwork!!!!
-know roles and responsibilities
-know the law because the parents DO! (or at least have one on your team)
-listen and be receptive (this works wonder…just listen to)
—————————-
READ the MOONEY SPED chapter again!!!
READ major cases…… for 6 pager)
———————————-
NCLB
-DAVE: intent of law good…
-must notify if teacher is not qualified (when notify parents for a long term sub=four or more consecutive weeks)
-directory policy, military AND institutions of higher learning
-classification of “alternative” schools
-what does HOUSSE plan stand for?
-district to district does not have to recognize individual interpretations of “highly” qualified
-look at NCLB presentation***
-failing schools must create a plan
———————————–
What are possibilities to pool/utuilize school districts in SECT
-health care
-curriculum
-tech spending
——————————————–
Religion in School
-religious songs…careful (don’t need to avoid)
-can’t promote, can’t inhibit
-you can have a school concert in church or synagogue (make sure you move it consistently)
-LemonKursman (3: can’t in hibit, can’t promote, can rent building)
—————————————-
School Budget

Law and Finance: Sacred Heart 092: Day 4

DAY 4

DONNA Maynard- Montville Special Ed Director

-procedure is key (timelines…)
-running an effective PPT
-what is a disability…idea v 504…when….what is appropriate…
-how is ARTICULATION defined, what does a student with this problem look like
-retention has NOT been proven to have an educational benefit!!!
-what is OHI???
(OHI, 504, ADHD over diagnosed…)

ESD – extended school year – look at MOONEY pg 361

QUESTION: Verify can’t talk money in PPT, how do you control costs? (PD for admin., do youir homework, other)

FIRM: Klebenoff…good, hard special-ed law firm

N.E.A.T. Marketplace – in Hartford (assistive technologies showcase) – PIRI

IEP: NFA is moving towards individualizing programs for EVERY student
*****is this where technology will truly make a difference*******

STudent expulsion – page 273
-3 affirmative votes from BOE
-gun free school act (local agencies must expel students for one year if bring weapon)
-student can never be suspended for more then 10 days at one time
-no more then 10 TOTAL for SPED students

WITH ALL THE EXCEPTIONS AND CHANGES…..HAVE/GET A GOOD LAWYER!!!!

Can’t be spent to the office more than twice a week or 6 times a year,must have a meeting – MOONEY pg 292

SUpreme COurt says corporal punishment not violate bill #8

State rules for corporal punishment – MOONEY pg 292-3

TESA – teacher expectations and student achievement

STUDENTS
-residency
–courts typically side with parents
–determine where they live before you let them in (harder to get them out)
–legal custody not required
-immigration status
–if they live in the district they have a right to school
–can’t ask there immigration status

Law and Finance: Sacred Heart 092: Day 3

ED650 Day 3

EducationWeek – legal briefs (must read as educator/administrator)

REVIEW Day2

Grove City – Title IX
-facilities (locker rooms)
-practice times

DSAP does not count towards tenure

Read Part-time MOONEY for page 191 – LEA

TRB – only 50% or more, less than 50% of time -> social security

Retirement – BEST 3 years not LAST 3 years

Fast track Tenure

April 1st is magic number for letting people know they are not up for renewal

LEGAL QUESTION: Mike or Mike….can I use the tech dept example at SHS

NEW

Termination
-must follow evaluation process
-Pg 206 ( 6 reasons for termination)

Sick leave – entitled to 15 sick days per year (150 total)

Superintendents can be required to live in town…teachers can not.
-rare

SUPERVISION

-essential for job, CAT, etc
-check MOONEY chapter
-“COWBIRD”
-History – CCI to CCT
-EValuation must include
–strengths
–areas needing improvement
–strategies for improvement
–expectations
–consequences

“further incidents….will lead to further disciplinary action up to and including termination of your employment in the Montville Public Schools.”

REMEMBER: “ASK IF THEY ARE DRUNK, NOT ARE YOU AN ALCOHOLIC”

DAVE: ” You can’t hiccup tenure law”

DRESS CODE for STAFF: mandatory subject for bargaining

MOONEY: CHild abuse – pg 232

Revocation
-fraud
-neglect of duty
-prof unfit
-moral ineptitude
-other
-automatically if convicted of CERTAIN crimes
-break security of state wide exam

BUY: Connecticut Education Law Book – CT State BOE

READ – SPECIAL ED CHAPTER MOONEY

Law and Finance: Sacred Heart 092: Day 2

Day 2

HARASSMENT

Plymouth – alcohol strip search case from Mooney
Say sorry v “no comment”

Mooney – anecdotal stories about “DOGS”

“Irish Diplomacy”- kill them with kindness

Do we have a press policy at SPS? IS there a single spokesperson? Who?

What is the policy in SPS as a principal who wants to call an attorney?

Karen Flannagan – State Dept of Ed, lawyer

CT statute – BOE over spends, BOE members personally liable $$$

DOug Reeves STudy – correlation…best teachers get best classes, worst students get worst students…intuitive proven true

?WHERE IS THE LEVERAGE….TO GET THE RIGHT PEOPLE ON THE BUS
-NEW PEOPLE (DOESN’T SEEM WORTH IT??)
-CHANGE PEOPLE
-BOTH

FIND: article about online students have more social interactions…

ANITA
A. nnounce your employers policy on SH
N. ever ignore a compliant
I. nvestigate complaint thoroughly
T. ake action promptly based on actions
A. sk complaing policy if problem resolved

FOIA
-see FAQ
-Mooney 47-56
-Mooney 54 – waterbury examples

TEACHER EVALUATION AND DISMISSAL
-look up how dismiss a teacher (both tenured and not) in Mooney

-teachers must be employeed for 90 days before covered by Tenure Act
-still covered by civil rights for first 90 days
-DON”T LET THEM GO PAST 90 DAYS IF YOU KNOW THEY ARE BAD (90 CALENDAR DAYS)
-keep 90 DAYS on the adstaff agenda
-check 4th year by April 1
-hired after 1996, after 40 school months
-tenure before, 20 school months short track

?What happens between 90 days and 40 school months???

Law and Finance: Sacred Heart 092: Day 1

Journal Entry Day 1:

Sacred Heart University – ED 650 Law and Finance

Instructor: Dave Erwin, Montville Superintendent
Homework Assignments

  1. ORAL PRESENTATION
    1. Real life legal issue
    2. Outcome
    3. How it could have been handled differently
    4. Short written description
  2. Oral Presentation
    1. How the business office processes local budget
    2. Short written description
  3. Six Page Journal
    1. What happened/discussed in class
    2. Do it nightly!

MAIN TOPIC: Sexual HarrassmentWe had a brief discussion of sexual harrassment and reviewed handouts and the areas in Mooney to reference (pgs. 105,146,316,351,506). Identify who is the SPS officer for sexual harrassment (asst. sup.) What is the SPS policy (in SPS policy book). Is it posted? (Yes, in each building and available to all staff and parents)

BOOK: The book “The Queen Bee and the Wannabees” was mentioned as a good read in class. The book discusses femake bullying and harassment and how it is far different and bigger problem then the male cases.

“The” Tom Mooney is here to help “baseline” our law knowledge. The first case he mentioned was Mary Beth Tinker of Des Moine Iowa. This was the case of studenst wearing black armbands in school to protest the Vietnam war. The decision included the quote “it can hardly be argued that students and teachers shed their constituional rights at the school house gates.” This case is considered the kick off case for the huge changes in educational law from 1969-1976. Tinker went on to say students have a righ to free speech unless administration can “forecast” a disruption in school.

Mooney also discussed the “Adam v Eve not Steve (2005)” case.
The facts of the case includes

  • get ALL the facts
  • hate spech becuase of back not front
  • made it a learning experience at south windsor

CASE REVIEW

-1972 – Title IX – prohibits discrimantion based on gender (typically sports and extracurricukluar)
-1973 – 504 – based on disability
– 1974 – FERPA – rights and privacy act
–assures parents have access to records concernign their children
— confidentiality, distrocts must maintain personably identifable private
– 2002 – SC – interpreted FERPA
— spelling test, owaso coutny, in class hae spelling test and students woudl grade each others papers
— “it is not a grade until reported in teachers book”
—practical considerations
–John DOe, GOnzaga, turned over personal sexual assault records without authorization
—got 1.1 million dollars
–1972 – lemon v kurtman
—religion in school
—3 findings
–1988 – findings that religous activities OK in school
—school can’t be sponsor
—speaker can discuss Jesus
—distinguish between government action and private speech
—can’t urn into a religous exercise
*****individual cirumstances are KEY, must be factuaklly specific******
*****document everything, you must have a history*****
– 1975 – IDEA –
– 1975 – GOss v Lopez
–studemts have a right to do process (69 free speech)
–10 day (exclusion from school for up to 10 is informal) – suspension
—what are charges and right to respond
–more than 10 days is significant – expulsion
—council, confront accusers, BOE decision

-1977 cruel and unusual
–kids paddles, 8th amendment doesn’t apply
-1985 search
–TLOv NJ,
—the searcgh must be reasonable at inception
—reasonable search in light of wat you are looking for (drugs in purse but lookign for a knife)

statute v court case

Schools/Lawyers do this:
-Cost/Benefit analysis (attorney’s fees!?)
-what are the risks
-what happens if we are wrong

-what law says you get your attorneys fee?

PROBLEM
-senior trip
-get call
–last year senior gets stomach pumped
-this year kids drunk at 7am
-find tanning bottle with alchol

MOONEY QUESTION
-strip search the seniors
–girls no with nurse
–boys drop and lift in gym
–PAID NOTHING BECUASE THEY APOLOGIZED

****JUST ACKNOWLEDGE Wrong, AND SAY SORRY TO WRATCH IT DOWN

PEOPLE SUE SCHOOLS OVER COMMUNICATION AND RESPECT V correct legal answer (practical problem solvign thru lsieting and dealign with the problem)

The law is GREY not Black and White

SCALIA – school sports are not for the bashful
–includes all extracurricular activities and events
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DEFINE:Policy v Regulation

DEFINE: Nebulous

Leadership is…

Tonight is my last class of a Leadership Theory course I am taking thru Sacred Heart University. The course is part of an Educational Administrator certification program (092 if you are in CT). The professor asked us to summarize for him what leadership is as defined by this course. This is my take below:

Leadership is all about relationships

Leadership is not black and white but very grey

Educational Administration is about leading and managing and balancing the two

Leadership is about walking around

Leadership is about talking to people

Leadership is about finding the facts and acting on them

Leadership is critical to school success

Leadership is getting the right people "on the bus"

Leadership is about asking the right questions

and listening to the answers

Leaders must know the rules better than anyone

Leaders must have a vision (or be actively looking to create one)

and help others create one togther

Leaders must not be afraid to act on new information and change the vision

Leaders must be constructivist because

those being led often have more information

Leaders must develop new leaders

Leadership is not easy

Leadership does not have to be hard

Leadership changes (as do all things) and leaders must change with it!