The year is 1989. Cher releases this hit. Many of our school administrators were baby teachers (or maybe literal babies). The words of Cher echo into our summer to-do lists…if I could turn back time. With the never-ending list of school building projects, end of fiscal year reporting, and the preparation for a new cadre of staff, it is easy to let yearly tasks escape the forefront. As you prepare for the FY2025 year, here are a few items to remember:
Title IX: The new regs are currently set to go into effect August 1, 2024. However, two federal district courts have issued temporary injunctions preventing the new regs from going into effect in their states, and there is a challenge to the new regulations pending in the United States Court of Appeals for the Eighth Circuit. Districts should monitor the Eighth Circuit litigation closely (we’ll keep you up to date with our blog) and be proactive and update board policy prior to this date. Additionally, the new regulations require all staff training annually and specific training for the Title IX team (coordinator, investigator, decision-maker, appellate decision-maker). Regardless of what happens with the litigation, the lawsuits do not not mean you shouldn't train. Every Title IX team needs annual training on properly handling civil rights cases, and folks knowledgeable about what happens behind the scenes at OCR are predicting that the federal government will scrutinize any school district, college, or university whose Title IX Coordinator hasn't received significant training on the new rules this summer. SASD is offering in-person Title IX team training. Additionally, KSB School Law has on-demand training videos for all staff. More information is available here.
Key Required Notices for Student Handbooks: Principals should be reviewing student handbooks to ensure the following are contained in the materials: notice of non-discrimination, FERPA rights, Protection of Pupil Rights Amendment information, Child Nutrition Programs required information, notice of policy on opting out of assessments as required by ESSA, and asbestos management plan.
Key Required Notices for Posting: Business managers should be verifying the most recent FLSA, FMLA, USERRA, Employee Polygraph Protection Act, Pregnant Workers Fairness Act, and Discrimination/Equal Employment Opportunity posters are in locations visible to staff. More information is available here. Also, there are new per diem travel rates which are effective July 1, 2024 available here.
Staff In-services: With our calendars already filling up, now is the time to book staff in-services with KSB School Law for the 2024-2025 calendar. Potential staff in-service topics include: Section 504 compliance, Special Education and IDEA compliance, professionalism/ethics, mandatory child abuse reporting, digital citizenship for teachers/staff social media usage, FERPA, and legal hot topics. We also can facilitate trainings over Zoom, if needed.
July Annual Meeting Requirements: Many boards designate the law firms(s) that they will work with during the next calendar year. There is no legal limitation on the number of law firms a board may designate so boards can authorize more than one firm. While such action is not technically required, it does clarify a school’s authority to work with legal counsel. A sample board agenda and motion for designating a law firm is available here.
The Board should also designate a bank, elect officers, have newly elected board members take an oath, administer the oath to the business manager, and designate a legal newspaper. If you are a small district, remember to review the amended law regarding legal newspapers at SDCL 17-2-2.2 which was a result of SB 75.
As always, do not hesitate to reach out to the KSB crew at ksb@ksbschoollaw.com with any questions or to book a staff in-service.