2022-2023 SOUTH DAKOTA WEBINAR SERIES

Business Manager Segment

Alpha and Omega: Beginning and End of Employment Documents

Date: August 17, 2022

Description: Processing new employees and terminating outgoing employees can be . . . well . . . a process.  With the nuances of employment law, it is easy to miss a crucial HR step.  This session will focus on the areas of HR business managers may need a refresher in.  We will answer questions such as: What criminal convictions can impact a hiring decision?  What are the COBRA notice deadlines?  Does the District have to pay overtime?  How do I handle one of my teachers who didn’t receive their certificate renewal before September’s payroll?  Do we really need a staff handbook?  KSB attorneys will cover:

  • I-9 Compliance

  • SD Criminal Background Checks 

  • COBRA

  • FLSA Considerations - Agreement to Accept Compensatory Time Off in Lieu of Overtime

  • The Importance of Staff Handbooks

  • Teacher Certificates 

  • Employment Contracts 

Floundering, Lost, Stumped, and Aggravated: That’s what FLSA stands for, right? 

Date: November 16, 2022

Description: So, you’re paying your school’s head of maintenance a salary?  Bus drivers by the route? (Except when they’re serving food in the cafeteria, right?)  Of course not, because that would create problematic issues under the FLSA . . . right?  Ok, enough uncomfortable questions about an uncomfortable topic.  In this session, we’ll walk you through the basics of the FLSA, and discuss the common issues with compliance we see time and time again.  If you’re not going to change, you should at least know what you might be getting yourself into.  This session will cover:

  • Identifying Exempt Employees

  • Minimum Wage

  • Record Keeping

  • Overtime

  • Dual rate employees

The FMLA: What Your School Attorney Wants You to Know

Date: April 19, 2023

Description: FMLA is a hot topic we often receive questions on.  When does it apply?  How do you start the process? When does FMLA leave end?  How is it structured?  Who bears responsibility for the various steps?  When should the employer make the decision to designate FMLA leave even if the employee didn't ask for it?  What forms should you use--are they different?  When should you require medical certification?  What if the employee asks for "intermittent leave," such as every other week--do you have to grant it?  What are all the initiation timelines, anyway?  This presentation will focus on some basic and important aspects of the FMLA to avoid legal issues down the road!  This session will cover: 

  • FMLA Basics

  • Designation

  • Failure to Designate 

  • Special School Exceptions

  • Maternity/Paternity

  • Bonding Time and the Summer Break 

  • Overlap with Worker’s Compensation

Burning a Hole in Your Pocket: Procurement and Bidding

Date: July 19, 2023

Description: With the influx of federal funds generated from ESSER I, ESSER II, and ARP and the general increase in building projects in schools, business managers need to be well versed in the laws governing procurement.  This session will cover:  

  • South Dakota bid laws

  • Requirements for construction manager at risk and design-build methods of construction

  • Utilization of purchasing cooperatives 

  • General procurement considerations

Attendees will receive a sample procurement decision tree.

Principal Segment

They Can’t Say That…Can They? 

Date: September 21, 2022

Description: No one in America more regularly deals with constitutional law more than school principals.  Chief among your responsibilities is educating and disciplining students when it comes to free speech and its limitations, like engaging in threats, bullying, harassment, and many other areas.  And let’s not forget things like use of school facilities, edgy staff Instagram posts, and Gideon Bible distribution days!  This session will cover:

  • The top 5-10 First Amendment issues principals handle and the law in those areas

  • Limitations on your ability to regulate student speech

  • Limitations on your ability to regulate staff speech

  • Recommendations for investigation and documentation

Checking Every Box: Student Discipline/Manifestation

Date: December 21, 2022

Description: Impressions of the effectiveness of a principal are often driven by how you respond to student discipline issues at the beginning of the year.  This session will cover the basic necessities that every principal needs to know about your options in disciplining students.  The KSB attorneys will cover: 

  • Detention, In-school suspension and other “minor” disciplinary actions 

  • Short-term suspension, long-term suspension and expulsion 

  • Manifestations  

Attendees will receive sample flowcharts and checklists. 

April 15: The Day of Taxes and Non-renewal Notices: Evaluations, Improvement Plans, and Terminations 

Date: March 15, 2023

Description: We firmly believe that instructional leadership is the most important job you have as a principal.  This session will focus on teacher evaluation and how to lead staff through the improvement process.    And although we are not experts in instructional methods and pedagogical practice, we have strong opinions about how administrators need to communicate their expectations to teachers and the legal implications of doing it well versus poorly.

The personnel session will focus specifically on: 

  • What it means to be a probationary teacher in South Dakota

  • The legal requirements for a probationary evaluation 

  • What it means to be a tenured teacher in South Dakota

  • The legal requirements for a tenured evaluation 

  • Drafting improvement plans

  • How to hold both the teacher and the principal accountable in the improvement process

  • Suggestions for how to clearly communicate expectations for classroom management, instructional practice and personal/professional characteristics  

  • Contract non-renewal and termination 

Dealing with Pi*ssed Off Parents and Patrons

Date: June 21, 2023

Description: When KSB lawyers read posts on social media about “mamma bears” and “pappa wolves” we invariably say to each other “that poor school principal.”  It seems that schools have become the outlet for parents to discharge their anxiety about their children and frustration with their families.  More family law matters are litigated in principals’ offices than circuit courts.  No matter how good your communication skills are, you will benefit from an understanding of the law and the strategies and tactics that we will discuss in this session.  Topics will include: 

  • Dealing with child custody orders and divorce decrees

  • How to protect your staff from high maintenance parents

  • When and how to use “stay away letters” and “communication diets”

Superintendent Segment 

Open Meetings and Conflicts of Interest 

Date: October 19, 2022

Description: One of your most important responsibilities as a superintendent is to work with your board president to craft the board meeting agenda and be a facilitator during the monthly school board meeting.  The KSB attorneys will take you through nuances of the Open Meetings Act, including: 

  • Notices/Agendas/Public Input 

  • When you can go into executive session

  • How to get in and out of executive session

  • What must actually be included in meeting minutes

This session will also walk superintendents through the conflict of interest process and KSB’s tips for ensuring annual compliance.  Attendees will receive documents containing sample motions to go into and come out of executive session.  

What Your Business Manager Wants You to Know

Date: January 11, 2023 

Description: Often, the Superintendent and Business Manager function very closely as an administrative team.  With all relationships, there can be subjects you wish your partner understood better.  In this session, we polled a group of South Dakota business managers to determine what they wish their superintendents knew more about. This session will give you a deeper working knowledge of the processes, procedures, and tasks business managers complete regularly for a school district.  The KSB crew will give you an overview of the following:

  • Levies and the Budget Process 

  • Federal Grants Management

  • Food Service Compliance 

  • IDEA Maintenance of Effort

  • General HR Topics - FMLA, FLSA

  • Bidding/Procurement 

Special Education Primer

Date: February 15, 2023

Description: Although all educators will have some experience with special education students, it is important to review the role of superintendents in the process.  This session will provide an overview of the specific special education that superintendents must know, including: 

  • The role of “LEA representative” in an IEP meeting 

  • Discipline of students with disabilities

  • Section 504 

Policy and Handbook Development

Date: May 17, 2023 

Description:  Too many board members view “policy review” as a codeword for “boring meeting.”  At KSB we know from hard experience that having a set of policies that is legally compliant is not enough.  The board and administrative team must also know what the policies say and be comfortable with how they are implemented.  This session will teach you: 

  • How to guide your board through the policy review process and why it is crucial to have a complete set of board policies

  • Options for updating and approving student and staff handbooks

  • Required Policies

Attendees will receive a list of the policies a board is required by law to have in their policy books. 

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