INSIDE THE WEEK
Join us for our 2017 Legal Week on May 1-4. Designed for charter schools, Legal Week provides participants with direct access to the best legal minds supporting Arizona’s charter movement. With in-person and online sessions throughout the week, you can register á la carte or for the full seminar at our discounted rate of $175. Get ahead of potential issues and protect your schools and students.
LITIGATION, LEGISLATION, REGULATION, OH MY: THE LATEST ON WHAT AFFECTS CHARTER SCHOOLS
By Eileen Sigmund
Arizona leads the nation as one of the first states to adopt a comprehensive – and enduring – charter school law. Our charter schools now serve more than 17 percent of all public school students in the state and have achieved unprecedented outcomes. With innovative leaders opening schoolhouse doors for the last 22 years, changes have occurred in the last two decades at both the state and federal level. And more change is on the way.
On the second day of Legal Week, May 2, we’re offering a full day of in-person programming at our Training Center, 12439 N. 32nd St. in Phoenix. One-day pricing is $100, or register for the full seminar at our discounted rate of $175. Continental breakfast and lunch are included.
MDRS, FBAS, BIPS, AND OTHER STRANGE CREATURES THAT LIVE IN THE WORLD OF SPED DISCIPLINE
David Garner, Osborn Maledon
Got a student with disabilities who is in hot water? Avoid getting in hot water yourself by knowing the ins and outs of discipline under the IDEA—and how it differs from the standard procedures applied to students without disabilities. In this session, Dave Garner will break down the nuances of discipline under the IDEA, and provide practical guidance on issues such as: Can a student with disabilities be expelled? Does a suspension constitute a change in placement? What if the misconduct is a direct manifestation of the student’s disability? What if the student claims to be disabled, but only after being “caught”? What are my options if the student presents a risk of danger to him/herself or others?
“LET’S PLAN ON GETTING SICK NEXT WEEK” — COMPLIANCE WITH ARIZONA’S NEW PAID SICK LEAVE LAW (PROPOSITION 206)
John Blanchard, Osborn Maledon
Arizona voters approved a new and mandatory paid sick leave law with Proposition 206. The new law, which takes effect on July 1, 2017, provides for paid sick leave for all Arizona private employers. The law also has important compliance requirements relating to record keeping, employee notices, and accrual. John Blanchard will outline all of the key elements of this new law, recommend compliant (and financially manageable) leave policies, and answer your questions on how to implement this new law at your school.
“APPROPRIATE PROGRESS”—THE SUPREME COURT ELEVATES THE FAPE STANDARD IN SPED
David Garner, Osborn Maledon
It’s been 35 years since the high court addressed the threshold of what it means to provide a “free appropriate public education” (FAPE) to students with disabilities. In March 2017, a unanimous Supreme Court in Endrew F. v. Douglas County School District held that FAPE requires schools to do more than offer a program that provides “some educational benefit.” At the same time, the court also rejected a proposed higher standard that would have obligated schools to provide children with disabilities opportunities that are “substantially equal” to those provided to children without disabilities. In this session, Dave Garner will explore the Court’s newly articulated “appropriate progress” standard and discuss what the court’s ruling means for schools, as a practical matter, in reviewing and drafting IEPs for students with disabilities.
Is Everything A-OK at OCR
Lynne Adams, Osborn Maledon
Wondering what’s up with OCR now that there is a new administration? Will OCR change its direction, and if so, how? This session will give you a glimpse under the tent regarding how things might change at OCR, including the potential for continued withdrawal of or revisions to previous OCR guidance, different investigatory priorities, and a new spirit of collaboration with schools. Lynne Adams recently had an opportunity to speak with one of the new members of the Trump administration—who happens to be a former K-12 education lawyer—and she will share what she learned in a quick session to end your day.
On the third day of Legal Week, May 3, we’re offering a two-hour in-person session at our Training Center, 12439 N. 32nd St. in Phoenix. Additionally, you can register for the free webinar separately or its automatically included for any paid participant. Half-day pricing is $50, or register for the full seminar at our discounted rate of $175.
IN PERSON SESSION
DATA PRIVACY AND SECURITY BREACHES
10 a.m. – noon
Carrie O’Brien, Gust Rosenfeld P.L.C.
Public Schools maintain a tremendous amount of information about students and their employees—both electronic and on paper. This session will explore the state and federal laws protecting the data you maintain as a charter school. Carrie O’Brien, former Chief Privacy Officer at the Arizona Department of Education and current education attorney at Gust Rosenfeld, will speak about the transformation of records in the digital age and what that means to charter schools. What is data privacy and how is it different from data security? What is a data breach? How do I avoid a data breach? After exploring the legal and ethical requirements of data charter schools maintain, we will participate in a data breach exercise using real cases in Arizona schools during the past year.
BOND FINANCING — POST-CLOSING COMPLIANCE
Terry Warren, Warren Charter Law
On the last of Legal Week, May 4, we’re offering a full day of in-person programming at our Training Center, 12439 N. 32nd St. in Phoenix. One-day pricing is $100, or register for the full seminar at our discounted rate of $175. Continental breakfast and lunch are included.
SCHOOL ACTIONS (AND INACTIONS): LIABILITY IN SPED
9 a.m. – noon
Kimberly Davis, Udall Shumway
There are many ‘trapdoors’ that schools can fall into when navigating the waters of special education and in educating students with disabilities. This presentation will address a variety of issues related to students with disabilities that can (and do) result in liabilities for schools (e.g., addressing bullying concerns, IEP meetings, proper notice and/or discrimination/retaliation). The presenter will also provide tips for reducing your liability when working with students with disabilities.
A CONSTITUTIONAL DILEMMA: BALANCING FREE SPEECH AND FREEDOM FROM SEARCH & SEIZURE WITH SCHOOL SAFETY
Cathleen Dooley, Udall Shumway
This session will present the current legal standards for regulating student speech on campus and for conducting searches/seizures of student property. We will consider “real-world” scenarios and discuss the outcome of lawsuits that have raised these issues. We will also discuss issues related to contact with law enforcement and how to discipline students without violating their constitutional rights.
HIRING FOREIGN TEACHERS AND ENROLLING IMMIGRANT STUDENTS
Phil Ortega, Udall Shumway
This presentation is an overview of the employment based immigration options available to schools to employ foreign teachers. The Presenter will discuss the type of Visas required, including H1Bs and J1 visas. The presentation will also provide an overview of when it is permissible and the various issues surrounding the enrollment of immigrant students.
With in-person and online sessions throughout the week, you can register á la carte or for the full seminar at our discounted rate of $175.
CHARTER WEEK CELEBRATION
Help us celebrate National Charter Schools Week with a reception on Thursday, May 4. More details coming soon!