Co-sponsored by Minnesota CLE, the Minnesota Elementary School Principal’s Association,
Education Minnesota, and the Minnesota Association of Secondary School Principals
Conference Highlights:
• All new developments – legislation, case law,
arbitration, and special education!
The 23rd Annual
School
Law
Conference
• NEW! Collaborative teaching sessions –
Resolving workplace conflict, Data Practices/
Schwanke issues, Management/union pointcounter point and unfair labor practices
• Special address on major issues featuring
Denise Specht, President of Education
Minnesota; Dr. Brenda Cassellius,
Commissioner of the MN Department of
Education; and Kirk Schneidawind, Executive
Director of the MN School Boards Association
• Other terrific sessions including: Reporting
on maltreatment of minors; Custody disputes;
Handling “coach” issues; Searching cell
phones; Meet the new arbitrators; Expulsions/
suspension; Other special ed sessions;
Handling gifts; And much more!
• Practical and useful perspectives for
administrators from the perspective of
student’s attorneys
Friday, November 7, 2014 • Minnesota CLE Conference Center • Minneapolis
Seminar Topics:
“[ The School Law
Conference] is
the best Conference
I attend! The
materials are a
can’t miss resource
and the sessions are
right on target.”
– Principal
A second special seminar for
Minnesota school professionals –
• The psychological etiology and
impact of bullying on bullies,
victims and others
• Best practices in training
Bullying
• Handling investigations
A distinguished group of psychologists,
attorneys and school professionals present
a new day-long seminar.
• Special panel of experts
• When bullying involves students
with disabilities
• A luncheon address by
Senator D. Scott Dibble
•Cyber-bullying
• Collaborative session on bullying
and employee conduct
Thursday, November 6, 2014 • Minnesota CLE Conference Center • Minneapolis
Tablets! Teaching! Technology!
The wave of tablets in education has hit this Conference! Materials for both seminars will be available only electronically. We will provide the materials
to registrants a few days before the Conference. Be sure to download them so they are ready to use on your device the day of the Conference.
Agenda | School Law Conference
Friday, November 7, 2014
10:50 – 11:50 a.m.
8:00 – 8:25 a.m.
CHECK-IN & CONTINENTAL BREAKFAST
BREAKOUT SESSION B
8:25 – 8:30 a.m.
201 A View of School Law Practice from Students’ Attorneys
Welcome & Introduction
8:30 – 9:30 a.m.
Legislation and Case Law Update
Roger J. Aronson
9:30 – 9:40 a.m.
BREAK
Practical, useful perspectives for school law administrators to consider.
Amy J. Goetz & Andrea L. Jepsen
202 Stop the Madness! A Practical Guide to Resolving Workplace Conflict
Interactions between adults in the workplace are bound to result in conflict.
While some conflict may stem from a healthy exchange of differing ideas,
when it creates tension, or results in allegations of a hostile work environment,
such conflict must be dealt with quickly and effectively. This presentation will
compare and contrast different methods of dealing with workplace conflict and
provide a practical approach to facilitating conversations designed to resolve it.
Anne C. Becker & Christina L. Clark
9:40 – 10:40 a.m.
BREAKOUT SESSION A
101 Special Education Update – The Year in Review
Laura Tubbs Booth & Daniel J. Stewart
203 Why Can’t We Just “Leave It on the Field?”
Practical analysis of dealing with coach issues including: complaints against
coaches; the differing statutory processes for terminating/non-renewing a
coach; and surrounding considerations like public uproar, data privacy, anonymous complaints, and more.
Kristi A. Hastings
102 Management/Union Point-Counterpoint
Session will include employee selection, hiring, investigation/
discipline and other employee relation types of issues. Analysis will
include employer withdrawal of job offer before board approval,
union versus management perspective on reference checks, Board
of Teaching inquiries and discipline, investigation procedures, and
more.
204 Searching Cell Phones: Legitimate Inquiry or Constitutional Violation?
Analysis of the U.S. Supreme Court’s 2014 ruling in Reilly v. California. A discussion on search and seizure of cell phones, heightened privacy rights, and more.
Gregory S. Madsen
James K. Martin & Debra M. Corhouse
11:50 a.m. – 12:15 p.m.
103 Maltreatment of Minors: Obligations to Report and
Potential Liability for Not Reporting
12:15 – 12:45 p.m.
This presentation will address the requirements of the Maltreatment
of Minor’s Act, including the new requirements of the Act; when
reporting is and is not mandated; the gray areas when it may still be
warranted; and the ramifications of not timely or properly reporting
under the Act.
Jennifer K. Earley
104 Responding to Custody Issues in School
Separation, divorce and remarriage can generate emotionally
charged legal issues in the school setting. As the result of a divorce,
a parent may have sole physical custody, sole legal custody, joint
legal custody, joint physical custody, supervised visitation rights, or
no visitation rights. This presentation will explain the meaning of
these terms and how they impact decision-making in the school setting. This presentation will also address who has the right to make
educational decisions on behalf of a child; to access or visit a child
at school; to remove a child from school; to prevent another person
from accessing a child at school or a school activity; to access a
child’s records; to provide consent for an evaluation; and to provide
consent for field trips.
Amy E. Mace
10:40 – 10:50 a.m.
LUNCH (provided by Minnesota CLE)
Teacher Development and Evaluation Law, Year One: How’s It Going?
It’s finally here! After much study, preparation, and training, Minnesota’s TDE law
is in place for teachers, local unions, administrators, and school districts. For the
2014-15 school year, locals and districts implemented either their jointly developed
plans or the state’s model plan. Education leaders share their observations and
perspectives.
Dr. Brenda Cassellius, Commissioner, Minnesota Department of Education
President Denise Specht, Education Minnesota
Kirk Schneidawind, Minnesota School Boards Association
Roger J. Aronson (moderator)
12:50 – 1:50 p.m.
BREAKOUT SESSION C
301 Data Practices/Schwanke
A collaborative presentation addressing a variety of data practices/Schwanke
issues.
Jess Anna Glover & Patricia Maloney
BREAK
302 The Changing Liability Landscape for Sexual Abuse Claims Against Schools
The presentation will discuss the recent change in the statute of limitations
allowing decades-old claims, which were previously time-barred, to be brought
against schools. It will also analyze the current state of the law regarding a
school’s vicarious liability for abuse (and other intentional misconduct) committed by its employees. The presentation will also discuss policies and procedures that schools can adopt to set the best stage for the defense of any claims
of sexual abuse by its employees.
Margaret A. Skelton
303 Meet and Grill the Most Recently Appointed BMS Arbitrators
Here’s your chance to learn about the new people on the block and get
comfortable with them as decision makers! Meet and ask questions of
the most recently appointed arbitrators from the Bureau of Medication
Services panel. This session will be moderated by arbitrator Harley
Ogata. The panel will be asked to answer a series of questions
posed to them that are designed to give advocates insight into the
arbitrator’s thinking processes and allow advocates an opportunity to
get comfortable with the arbitrator’s mindset. A generous question and
answer period will be provided so that advocates can learn what they
want to know too. David M. Biggar, John W. Johnson,
James A. (Jim) Laumeyer & John O’Donnell
Harley M. Ogata (moderator)
304 The Essentials of Student Suspension and Expulsion
This session will address the legal framework for successfully
implementing student discipline, including suspension, expulsion and
exclusion. Issues concerning the legal bases for imposing discipline, the
procedural requirements schools must satisfy, the due process protections afforded to students, and the special considerations that must be
given to students with disabilities will be discussed.
Charles E. Long
1:50 – 2:00 p.m. BREAK
2:00 – 3:00 p.m.
BREAKOUT SESSION D
3:10 – 4:10 p.m.
BREAKOUT SESSION E
501 Unfair Labor Practices
A collaborative discussion regarding issues and analysis relating to the 2014
Legislative changes to the processing of unfair labor practice charges.
Margaret Luger-Nikolai, Kevin J. Rupp & Josh L. Tilsen
502 Everything You Always Wanted to Know About Special Education Law
but Were Afraid to Ask
When can I remove a violent disabled student from school? Do I have to
reschedule an IEP meeting because the parent’s attorney cancels at the last
minute? What do you mean the district has to pay for a student to attend a
private clinic? Today’s presentation will answer these and other common special education questions. The presenter will offer practical guidance based on
real-world situations to help administrators and school staff respond to some of
the unique legal issues that arise in the special education context.
Christian R. Shafer
503 Enrollment and Other Issues Related to Undocumented Children
An overview of legal precedent and agency opinions regarding issues and
questions that may arise with respect to the enrollment and educational
program of undocumented children.
Michelle D. Kenney
4:10 – 4:45 p.m.
CLOSING RECEPTION
401 Special Education Dilemmas: Workload, Safety, and
Retention of Staff
A collaborative discussion on three major areas of concern to special
educators and administrators. The presenters will also consider recent
and proposed legislation and discuss additional reforms that could
improve the delivery of Special Education services in Minnesota.
“Very informative
and beneficial; I feel
informed enough to be
a better teacher rights
representative.”
Peter A. Martin & David M. Aron
402 “Looking the Gift-Horse in the Mouth”:
Donations, Gifts and the Public Purpose Doctrine
This presentation will address common legal questions regarding gifts,
both to and from, school districts. The presentation will focus on the
public purpose doctrine, legal limitations on public expenditures, and
school districts’ authority with regard to gifts and donations made by
parents, community organizations, and booster clubs. The presentation
will include a discussion regarding the recent amendment of the gift law
to include school district officials.
Timothy A. Sullivan
403 Disciplining Students for Off-Campus Behavior
In light of vast changes to technology, districts have been confronted
with many new legal issues related to student discipline for off-campus
behavior. Parents often seek to involve schools in off-campus disputes,
and protections against off-campus bullying have now been enacted.
This presentation will review related pitfalls districts face, and outline
processes districts should use in determining whether or not to impose
discipline. Plus a review of the new laws against off-campus bullying
and cyberbullying.
“This is a GREAT
conference!
Well worth the drive
and the time –
super materials.”
– Union Representative
– Special Education
Teacher
“The best staff
development for
me and my staff.”
– Superintendent
Trevor S. Helmers
3:00 – 3:10 p.m.
BREAK
View School Law Conference information on
your mobile device or register online.
Agenda |
Bullying –
A Special Seminar for Minnesota School Professionals
Thursday, November 6, 2014
8:00 – 8:30 a.m.
12:30 – 12:50 p.m.
REGISTRATION & CONTINENTAL BREAKFAST
LUNCH (provided by Minnesota CLE)
8:30 – 9:15 a.m.
12:50 – 1:30 p.m.
Best Practices in Training for Truly Safe and Supportive Schools
Bullying in Minnesota Schools –
Overview of the Legislation and Why It’s Important
Creating a truly safe and supportive school climate requires us to
go beyond the minimum requirements of the law and leap forward
into creating an environment where every child and adult feels
safe, valued and connected. This allows everyone to bring their
whole selves to school, eager to participate and learn. Key to making this a reality is building-wide staff who are prepared, engaged
and supported. We’ll unpack what you need to look for when
choosing training that leaves your staff energized and with a clear
vision of how to succeed in creating an environment where every
child can thrive. Nancy Michael
9:15 – 10:45 a.m.
The Psychological Etiology and Impact of Bullying on Bullies,
Victims and Others
It is relatively easy to hate bullying and by extension, bullies. But
that stance abandons many children when they behave in ways
they don’t fully understand. First we must appreciate how bullying
becomes a transactional pattern of coping, and then see why
social/ emotional learning requires this teaching imperative: adults
must help children feel protected enough to expect and extend
kindness to everyone in the school community. In addition to physical threat, we will explore the concepts embedded in relational
aggression and identify educators’ roles in interrupting, remediating and preventing harm to assure genuinely safe schools. Dr. Anne Gearity, PhD, LICSW
10:45 – 11:00 a.m.
BREAK
11:00 – 11:45 a.m.
Investigating a Report of Bullying
The new safe schools law requires schools to designate a staff
member to receive and investigate reports of bullying within
three days and to ensure the policy and its procedures including
restorative practices and sanctions are fairly and fully implemented.
Effective and thorough investigations will be vital to a school’s
ability to comply with this law while maintaining a safe school environment. This session will show you how to conduct a thorough
investigation with the least amount of disruption to your school,
and in compliance with the new law.
Paula G. Forbes
Senator D. Scott Dibble
1:30 – 2:45 p.m.
Responses, Interventions, Plans and Potential Solutions for Students,
Districts and Families
The panel of educators and parent/school district attorneys will discuss
responses and strategies for schools and families when bullying behavior
disrupts or threatens to disrupt a student’s education. The panel will do this
through the use of a case study that will illustrate how schools and parents
can partner together to prevent bullying, strategies for ensuring that the
response to reports and the interventions are effective. The panel will also
discuss the secondary but important issue liability under the new bullying legislation and how to prevent claims and/or reduce the school district’s liability
when such claims arise.
Carrie Asmus, Julie Blaha, Andrea L. Jepsen & Nik Lightfoot
Laura Tubbs Booth (moderator)
2:45 – 3:00 p.m.
BREAK
3:00 – 3:45 a.m.
Cyber-Bullying – The Law, Examples, Practical Solutions and
Suggestions About How Cyber-Bullying Can Be Addressed
Peter A. Martin
3:45 – 4:30 p.m.
Bullying Policies Regulating Employee Conduct with Counterpoint
from Education Minnesota
The focus on student bullying has been intense. But what about employees? Shouldn’t schools expect employees to abide by the same standards
to which students are held? A large Minnesota governmental employer
recently adopted an anti-bullying policy for its employees. Doing so, however,
raises issues impacting the administration of the organization. This session
will review the existence of any trend for such employee policies, avenues
already in place for dealing with abrasive and intimidating employees, and the
legal and practical implications associated with the adoption of an employee
bullying policy.
Debra M. Corhouse & Kevin J. Rupp
11:45 a.m. – 12:30 p.m.
Legal Implications Raised When Bullying Involves Students
with Disabilities
Particular vulnerabilities of students with disabilities who are either
the target and/or the actor of bullying conduct. Practical advice
will be provided as to how to address these behaviors in the
IEP/504 plans of students as well as the new legal obligations to
refer these matters to the IEP/504 teams when misconduct arises.
Finally, there will be an overview of potential liability schools can
face when students with disabilities are bullied not only under state
common law as well as state and federal discrimination laws due
to the student’s disabled status.
Nancy E. Blumstein & Tim Finn
View Bullying seminar information
on your mobile device or register online.
School Law Conference &
|
Faculty & Planners Bullying Seminar
David M. Aron
Senator D. Scott Dibble
Michelle D. Kenney
Roger J. Aronson
Jennifer K. Earley
James A. (Jim) Laumeyer
Education Minnesota
Saint Paul
Law Office of Roger Aronson
Minneapolis
Carrie Asmus
Crossroads Elementary
Saint Paul
Anne C. Becker
Minnesota Senate
Saint Paul
Ratwik, Roszak & Maloney
Minneapolis
Tim Finn
Director of Special Services
ISD 15
St. Francis
Paula G. Forbes
ISD 287
Plymouth
Forbes Solutions LLC
Mendota Heights
David M. Biggar
Plymouth
Julie Blaha
Jackson Middle School
Champlin
Nancy E. Blumstein
Ratwik, Roszak & Maloney
Minneapolis
Laura Tubbs Booth
Booth Law Group LLC
Minnetonka
Dr. Brenda Cassellius
Commissioner
Minnesota Department
of Education
Saint Paul
Christina L. Clark
Education Minnesota
Saint Paul
Debra M. Corhouse
Education Minnesota
Saint Paul
Dr. Anne Gearity,
PhD, LICSW
University of Minnesota
Minneapolis
Jess Anna Glover
Education Minnesota
Saint Paul
Amy J. Goetz
School Law Center LLC
Saint Paul
Kristi A. Hastings
Pemberton, Sorlie,
Rufer & Kershner
Fergus Falls
Trevor S. Helmers
Knutson, Flynn & Deans
Mendota Heights
Roseville
Harley M. Ogata
White Bear Lake
Duluth
Nik Lightfoot, Ed.D., J.D.
Kevin J. Rupp
ISD 270
Hopkins
Rupp, Anderson, Squires
& Waldspurger, P.A.
Minneapolis
Charles E. Long
Kirk Schneidawind
Kennedy & Graven, Chtd.
Minneapolis
Margaret Luger-Nikolai
Education Minnesota
Saint Paul
Amy E. Mace
Minnesota School Boards
Association
St. Peter
Christian R. Shafer
Ratwik, Roszak & Maloney
Minneapolis
Rupp, Anderson, Squires
& Waldspurger, P.A.
Minneapolis
Margaret A. Skelton
Gregory S. Madsen
Denise Specht
Kennedy & Graven, Chtd.
Minneapolis
Patricia Maloney
Ratwik, Roszak & Maloney
Minneapolis
James K. Martin
Booth Law Group LLC
Minnetonka
Rupp, Anderson, Squires
& Waldspurger, P.A.
Minneapolis
Peter A. Martin
Andrea L. Jepsen
Nancy Michael
School Law Center LLC
Saint Paul
John O’Donnell
Knutson, Flynn & Deans
Mendota Heights
Executive Director
AMAZE
Saint Paul
Ratwik, Roszak & Maloney
Minneapolis
President
Education Minnesota
Saint Paul
Daniel J. Stewart
Mid-Minnesota Legal Aid
Minneapolis
Timothy A. Sullivan
Ratwik, Roszak & Maloney
Minneapolis
Josh L. Tilsen
Commissioner
Minnesota Bureau of
Mediation Services
Saint Paul
John W. Johnson
White Bear Lake
Member of Planning Committee
Tablets! Teaching! Technology!
The wave of tablets in education has hit this Conference! All materials for the School
Law Conference and the Bullying seminar will be available only electronically. We
will provide those materials to all registrants a few days before the Conference. Be
sure to download them so they are ready to use on your device the day of the
Conference. We have plenty of wifi at the Conference Center.
DATE & LOCATION
NEW LAWYER
SCHOLARSHIP PROGRAM
CREDITS
•School Law Conference
Application is being made to
the Minnesota Board of School
Administrators for 6.5 continuing
education units. Minnesota CLE also is
applying to the Minnesota State Board of
CLE for 6.5 standard CLE credits.
•Bullying Seminar
Application is being made to
the Minnesota Board of School
Administrators for 7.0 continuing
education units. Minnesota CLE also is
applying to the Minnesota State Board of
CLE for 7.0 standard CLE credits.
In recognition of the challenges facing
lawyers entering the profession,
Minnesota Continuing Legal Education
has established a scholarship program for
unemployed and underemployed lawyers
admitted fewer than three years. Those
wishing to apply for such assistance
should contact Grant at 651-254-2111 or
[email protected] for details.
QUESTIONS?
Call Minnesota CLE at 651-227-8266 or
800-759-8840, or visit www.minncle.org.
Minnesota Continuing
Legal Education
Paid registrants who cancel their
registration at least 3 business days
before the program will receive a full
credit on their account; if fewer than 3
business days, a $25 administrative fee
will be deducted. Paid registrants who
fail to attend will receive the electronic
materials.
2550 UNIVERSITY AVE W #160-S, SAINT PAUL MN 55114
•Bullying Seminar
Thursday, November 6, 2014
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Minneapolis, Minnesota
CANCELLATION POLICY /
NO-SHOW POLICY
DATED MATERIAL — PLEASE EXPEDITE!
•School Law Conference
Friday, November 7, 2014
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Minneapolis, Minnesota
CONNECT WITH US!
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accommodation in order to attend, please
contact us in advance of the program at
Minnesota CLE, 2550 University Avenue
West, Suite 160-S, Saint Paul, MN 55114 or
call 651-227-8266 or 800-759-8840.
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REGISTRATION FORM
The 23rd Annual
[180-15 / vjo]
School Law
Conference
Bullying –
[179-15 / vjo]
A Special Seminar for Minnesota
School Professionals
Friday, November 7, 2014
Minnesota CLE Conference Center
Thursday, November 6, 2014
Minnesota CLE Conference Center
Tuition: $325
Tuition: $195
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