What: KSB Q&A, Round 5
When: Tuesday, April 7, 2020, at 9:00 am CDT
Where: Zoom (click on this ZOOM link)
We plan to cover several issues, including issues for boards and administrators to tackle with tight timelines and items you might want to think about putting on the agenda for your April board meeting. The State Board of Education passed a resolution on Friday, and we’ll talk about what it means. Most importantly, we plan to answer your questions.
Here are some items we plan to tackle, specifically:
Electronic Board Meetings. Do you HAVE to meet electronically with statewide directed health measures?! We’ll discuss the Executive Order and the Attorney General guidance (updated April 2). Now that each county is under a “directed health measure” limiting gatherings to 10 or fewer, we’ll talk through legal and practical meeting issues, including the risks you run holding a “normal” meeting and an electronic meeting.
Special Education Update. Now that most schools are working through educational services, enrichment, special education, and access equity issues, we’ll provide an update of where things stand, discuss the latest guidance, and talk through “IDEA Part C” considerations and forms.
Grading, E-learning, Graduation. Schools are thinking through grading and e-learning issues that may be as political as legal. We’ll talk about cases where parents have challenged schools’ grading decisions and what to think about as administrators and boards work through these issues. We’ll also talk through child abuse reporting, child find, wellness checks, student discipline, and staff evaluation/supervision in the new alternative environment.
Student Records, FERPA, Zoom, and other Platforms. We’re getting many questions each week about whether Zoom creates legal issues under state and federal confidentiality laws. We’ll talk through our thoughts on those issues.
Paying Contractors and Employees. The CARES Act providing $2 trillion in COVID-19 relief states: “A local educational agency . . . that receives funds under “Education Stabilization Fund”, shall to the greatest extent practicable, continue to pay its employees and contractors during the period of any disruptions or closures related to coronavirus.” We’ll talk through discussions with NDE and others about paying employees and contractors, such as bussing and food service vendors, during this time.
FFCRA. We’ve now got regulations and additional guidance from the DOL on the Families First Coronavirus Response Act, which provides paid sick leave and expanded family medical leave for employees impacted by COVID-19. We’ll discuss the new regulations, documentation requirements, forms (available upon request--email Shari: shari@ksbschoollaw.com), and more.
FEMA Funding. Most counties in Nebraska have declared local emergencies and have worked with schools to “get on the list” for possible FEMA relief, if it becomes available. We’ll talk through what we know, what we don’t know, and what you and your boards should be doing. Here’s some of the guidance FEMA has posted, describing things that may qualify.
April 15 Deadline and Contract Renewals. The statutory notice deadline for nonrenewal, termination, and amendment is a week away. We’ll discuss personnel decisions, including evaluations and renewal processes that have been impacted by COVID-19.
We look forward to seeing you all again on Tuesday at 9:00 AM CDT. If you have COVID-19 questions, contact Karen, Steve, Bobby, Coady, or Jordan, or your school or ESU’s attorney.