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4th ANNUAL

EDUCATION LAW & POLICY

SYMPOSIUM

JUNE 12-13, 2014

gton, June 7-8, 2012

Griffin Gate Marriott, Lexington, Download KY the Mobile App


WELCOME Dear Education Leaders and Attorneys, We are pleased to invite you to attend the 2014 Education Law & Policy Symposium, Kentucky’s premier school law event for attorneys and school leaders. The symposium is jointly presented by the Kentucky Association of School Administrators and the University of Kentucky College of Education for the fourth consecutive year. This partnership provides the best of the practical benefits of KASA and the scholarly benefits of UK in supporting the leadership of schools. It also makes this event unique, not only in Kentucky, but nationally, in getting quality legal information into the hands of local school leaders and school lawyers. As you see from the schedule, we have three excellent keynote sessions. We begin with William Modzeleski, a recognized expert in school safety and threat assessment emergency management. After his opening session, Issues You Must Confront if You Want Your Schools to be Safe, he will be leading a follow-up session on his work specifically addressing the difficult issue of school shooters. The closing session will feature Dr. Charles Haynes, one of the country’s leading experts on religion in schools talking about, among other things, the implications of a fairly significant new Supreme Court ruling on prayer and public meetings. In between will be our now annual joint presentation by Wayne Young of KASA and Justin Bathon of UK on The Law and You: What You Need to Know in 2014. Our concurrent sessions will present a wide variety of topical coverage with something for everyone. We have sessions on current hot topics from KDE; employment law on retaliation and FMLA; fraud detection and activity fund management; and making social media work in a school setting. Additional sessions include special education topics, EPSB investigations, and the alwayspopular open mic panel where you can bring your own questions. The array of choices offers something for every school administrator and refreshers for attorneys in dealing with low-incidence legal issues. The symposium will once again be held at the Griffin Gate Marriott Resort. We hope you enjoy the convenience of this site. We are so pleased to continue this outstanding event, and we hope you will join us in this professional development opportunity on such a critical issue to schools. Thank you for your commitment to Kentucky’s schools, for your pursuit of learning toward the improvement of those schools, and for joining us for the 4th Annual Education Law & Policy Symposium. Mary John O’Hair Dean, UK College of Education

V. Wayne Young Executive Director, KASA


CONTENTS Schedule.......................................................... 4 Keynote Speakers........................................... 5 Concurrent Education Sessions��������������������� 7 Pre-event Workshop...................................... 10 General Info & Cancellation Policy���������������������11 Resources...................................................... 12 Logistics & Mobile App................................... 13 Registration.................................................... 14

“Our Government is prohibited from prescribing prayers to be recited in our public institutions in order to promote a preferred system of belief or code of moral behavior. It would be but a few steps removed from that prohibition for legislatures to require chaplains to redact the religious content from their message in order to make it acceptable for the public sphere. Government may not mandate a civic religion that stifles any but the most generic reference to the sacred any more than it may prescribe a religious orthodoxy.”

Justice Anthony Kennedy for the 5-4 majority opinion of the U.S. Supreme Court Town of Greece, NY v. Galloway (May 5, 2014)


Schedule THURSDAY, JUNE 12, 2014 9:00 a.m. to 12:00 p.m.

Pre-event Workshop: Balancing Safe Schools & Student Privacy: Backpacks, Cell Phones, Resource Officers, Student Data, and More Presenter: Justin Bathon, J.D., Ph.D., University of Kentucky (separate registration fee)

1:00 p.m. to 2:15 p.m.

Opening Session: Addressing the Fear: Issues You Must Confront if You Want Your Schools to be Safe Keynote speaker: William Modzeleski, retired Associate Assistant Deputy Secretary of the U.S. Department of Education’s Office of Safe and Drug Free Schools

2:30 p.m. to 3:30 p.m. 3:45 p.m. to 4:45 p.m.

Concurrent Education Sessions A Concurrent Education Sessions B

FRIDAY, JUNE 13, 2014 8:30 a.m. to 9:30 a.m.

General Session: Legal Update: Federal & Kentucky Laws and What You Need to Know in 2014 Keynote Speakers Justin Bathon, J.D., Ph.D and V. Wayne Young, J.D.

9:45 a.m. to 10:45 a.m.

Concurrent Education Sessions C

11:00 a.m. to 12:00 p.m.

Concurrent Education Sessions D

12:15 p.m. to 2:00 p.m.

Lunch and Closing Session: Getting Religion Right in Public Schools Keynote Speaker: Dr. Charles C. Haynes, director of the Religious Freedom Center of the Newseum Institute

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Keynote Speakers Opening Session: Thursday, June 12 * 1:00 p.m. to 2:15 p.m. Addressing the Fear: Issues You Must Confront if You Want Your Schools to be Safe Description: Bill Modzeleski is currently a senior consultant with several groups specializing in school safety, threat assessment, and emergency management, and recently retired after more than 40 years of service at the Departments of Justice and Education. This session will concentrate on the foundational elements of school safety that must be addressed in any effective school safety plan.

Presenter: William “Bill� Modzeleski Bill Modzeleski was instrumental in the development and implementation of numerous programs and studies related to emergency management and violence prevention. These programs include: Safe Schools/Healthy Students Program (a multi-agency effort designed to approach violence prevention from a comprehensive perspective); School Emergency Response to Violence (a program designed to bring assistance to schools immediately after a crisis that has affected teaching and learning); the REMS program (a program designed to assist schools improve their emergency management plans); and Project SERV (a program designed to assist schools recover from traumatic incidents). During his tenure at the Department of Education, Modzeleski served as the associate assistant deputy secretary of the Office of Safe and Drug Free Schools. In addition to his safe schools initiative and threat assessment emergency management work he also led ED’s efforts to assist schools after events disrupted teaching. These events ranged from Columbine to Virginia Tech, and from Hurricanes Rita and Katrina to the tornado in Joplin MO. Modzeleski also led the team that worked closely with staff from the Centers for Disease Prevention and Control (CDC) on efforts to stem the spread of the H1N1 epidemic. He also assisted the Homeland Security Studies and Analysis Institute in the design of studies related to terrorist incidents involving education targets, emergency management planning in international schools, recruitment and radicalization by international terrorist groups, and a review of school-aged youth involved in terrorist activities. Continued on next page...

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General Session: Friday, June 13 * 8:30 a.m. to 9:30 a.m. Legal Update: Federal & Kentucky Laws and What you Need to Know in 2014 Description: In addition to providing a summary of the latest education law issues and cases affecting schools in Kentucky, this session will include an overview of the latest national and state statutes affecting education, as well as highlights of regulatory changes. Discussion will include both state and national cases that are likely to impact schools and school districts in Kentucky. Presenters:

Justin Bathon, J.D., Ph.D., University of Kentucky and V. Wayne Young, J.D., KY Association of School Administrators

Closing Session: Friday, June 13 * 12:15 p.m. to 2 p.m. Getting Religion Right in Public Schools

Description: A new consensus about the role of religion in public schools has emerged in recent years, transforming how public schools should address student religious expression and teaching about religions in the curriculum. For public school leaders, understanding the new and expanded place of religion in schools--especially what is and isn’t permissible under current law--is critical for preventing conflict and building public support for public education. Presenter: Dr. Charles C. Haynes Dr. Charles C. Haynes is director of the Religious Freedom Center of the Newseum Institute in Washington, D.C. and senior scholar at the First Amendment Center. He writes and speaks extensively on religious liberty and religion in American public life. Haynes is best known for his work on First Amendment issues in public schools. Over the past two decades, he has been the principal organizer and drafter of consensus guidelines on religious liberty in schools, endorsed by a broad range of religious and educational organizations. In January 2000, three of these guides were distributed by the U.S. Department of Education to every public school in the nation. Haynes is the author or co-author of six books, including First Freedoms: A Documentary History of First Amendment Rights in America (2006) and Finding Common Ground: A First Amendment Guide to Religion in Public Schools. His column, Inside the First Amendment, appears in newspapers nationwide. He is a founding board member of the Character Education Partnership and serves on the steering committee of the Campaign for the Civic Mission of Schools. He is U.S. Advisor for Face to Faith, a schools program of the Tony Blair Faith Foundation. He chairs the Committee on Religious Liberty. Widely quoted in news magazines and major newspapers, Haynes is also a frequent guest on television and radio. He has been profiled in The Wall Street Journal and on ABC’s Evening News. In 2008 he received the Virginia First Freedom Award from the Council for America’s First Freedom.

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Concurrent Education Sessions Concurrent Education Sessions A Thursday, June 12 * 2:30 p.m. to 3:30 p.m. Employment Law Landmines And How to Avoid Them Description: This session, presented by UK Law Professor Scott Bauries, provides an update on recent developments in employment law with a particular focus on issues related to workplace retaliation claims and claims resulting from the Family Medical Leave Act. Each of these areas have experienced burgeoning litigation and schools frequently open themselves to potential lawsuits when making disciplinary or leave decisions with their employees. This session provides both the legal background on these issues as well as practical advice on effective legal implementation in schools. Presenter: Scott Bauries, J.D., Ph.D., University of Kentucy

The Good, the Bad, the Ugly- Dealing with Social Media in a School Setting Description: The emergence of social media has created a powerful tool that’s potential for misuse can sometimes overshadow its positive aspects. During this session you will hear from two school administrators, who have utilized social media in the school setting, about the positive and negative aspects of the use of social media in the day to day function of a district. We will also explore instances of educator misuse of social media that the Education Professional Standards Board has reviewed. Presenters: Moderator:

Shannon Treece, principal Eminence Middle School; Cassie Trueblood, J.D. KY EPSB; Bill Hogan, assistant superintendent, Carroll County Schools Rhonda Caldwell, Kentucky Association of School Administrators

Continued on next page...

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Concurrent Education Sessions B Thursday, June 12 * 3:45 p.m. to 4:45 p.m. Don’t Gamble with the School Finances

This session will inform you on what CAN happen if your schools do not follow the standards written in the Redbook. Flannery will discuss several standards and “real” results from not adhering to the guidelines set forth in the Redbook. Hear about instances where school officials “gambled” and lost. Presenter: Ron Flannery, RJ Flannery Inc.

Threat Assessment: A Strategy That Works!

Keynote speaker Bill Modzeleski has played a key leadership role in numerous studies related to school shootings, radicalization and violent extremism. He served as co-author with staff from the U.S. Secret Service on the Safe School Initiative, and co-author with staff from the Secret Service and FBI study on Targeted Attacks at Institutions of Higher Education. This session will examine key factors developed as part of that work that must be considered when assessing threats, whether from school shooters or other activities that threaten student safety. Presenter: William Modzeleski, retired associate assistant deputy secretary of the U.S. Dept. of Education’s Office of Safe and Drug Free Schools

Concurrent Education Sessions C Friday, June 13 * 9:45 a.m to 10:45 a.m. I’m Just Sayin’- Panel Discussion

A panel of experienced school attorneys and administrators will tackle the toughest questions the audience can generate about complex school law issues. Come with a question, and leave with an answer (maybe more than one!). Note: this session is not intended to provide specific legal advice to individuals or school districts, but to provide basic information about general topics of school law. Presenters: V. Wayne Young, J.D., Kentucky Association of School Administrators Dot Perkins, Ed.D, superintendent, Gallatin County Schools Henry Webb, Ed.D, superintendent, Floyd County Schools Moderator: Justin Bathon, J.D., Ph.D, asst. professor of Education Leadership, UK

Taking the Fear Out of Terminations- Do Your Homework

Two school administrators will share their experience in carrying out a difficult termination case involving a tenured teacher. They will discuss how they worked with their board attorney to develop an appropriate evidentiary record to support their action, and the strategies that were helpful (and those that weren’t!) as they went through the tribunal proceeding required by statute. School attorneys and school administrators who have limited exposure to the tribunal process will benefit from their lessons learned. Presenters: Anthony Orr, superintendent, Nelson County Schools Wes Bradley, principal, Thomas Nelson High School

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The Five Things You Need to Know from KDE - Right Now!

Attendees will hear KDE staff discuss the specifics of Kentucky’s new and revised statutes and regulations, along with a variety other topics they can face that may trigger the need for local administrators and school attorneys to seek counsel and assistance from the Kentucky Department of Education. Presenters: Kevin Brown, J.D., General Counsel, KDE Amy Peabody, J.D., Assistant General Counsel, KDE David Wickersham, J.D., Assistant General Counsel, KDE Lisa Lang, J.D., Assistant General Counsel, KDE

Concurrent Education Sessions D Friday, June 13 * 11 a.m. to 12 p.m. What An Administrator Needs to Know About the EPSB and Reporting

This session will review a superintendent’s duty to report pursuant to KRS 161.120(2), as well as other statutory reporting obligations of school district personnel. Additionally, there will be a review of recent cases before the Education Professional Standards Board and tips on training staff on best ethical practices Presenter: Alicia Sneed, J.D., KY Education Professional Standards Board

Juvenile Justice Reform in Kentucky

Presenters will provide in-depth analysis and discussion of Senate Bill 200, the legislation enacted by the Kentucky General Assembly in 2014 that dramatically alters the provisions in statute regarding the treatment of status offenses by Kentucky’s juvenile justice system. A Family Court judge, a member of the Juvenile Justice Task Force, and an attorney who was directly involved in crafting the legislation will share their perspectives with school attorneys and administrators about the changes that will be forthcoming in how schools handle legal proceedings related to habitual truants and students who are the subject of out-of-control petitions in juvenile court. Presenters: Honorable Tim Philpot, Family Court Judge, 22nd Judicial Circuit Bo Matthews, Superintendent, Barren County Schools Wayne Young, J.D., Kentucky Association of School Administrators

Recent Developments in Special Education

Teresa Combs will present hot topics in special education and Section 504 student services law and practice. The discussion will focus on practical implementation issues. Questions from participants will be encouraged. Presenter: Teresa Combs, J.D., Kentucky School Board Association

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Pre-event Workshop Thursday, June 12 * 9:00 a.m. to 12:00 p.m. Balancing Safe Schools & Student Privacy: Backpacks, Cell Phones, Resource Officers, Student Data, and More Student search and seizure is becoming more complex. While the Supreme Court has provided a clear test to determine the legal appropriateness of school searches under the Fourth Amendment, the lines around that very clear test have blurred considerably in the past decade. This preconference workshop will delve into many of the topics which are currently challenging school leaders within this legal framework. First, the session will address cell phone searches and seizures, looking at emerging litigation across the United States, including in Kentucky during the past year, and working through some practical tests that school officials can apply related to student cell phones. Next, the session will address the growing complexity around searches or seizures conducted by school resource officers. Third, the session will examine application of the Fourth Amendment standards to emerging technological environments such as school or student owned devices and student data privacy in online environments. Finally, the session will provide resources that school leaders can utilize in making these difficult decisions around student privacy and safe schools. Presented by Justin Bathon, J.D., Ph.D., University of Kentucky Justin Bathon is an assistant professor in the Department of Educational Leadership Studies and a director of the Center for the Advanced Study of Technology Leadership in Education (CASTLE) at the University of Kentucky. Justin’s work concerns the “code” of education which includes things like the legal structure upon which the system is built, the norms of everyday school policy implementation, and the technological architecture of learning. Justin researches, publishes, and participates in the ongoing improvement process of this education code for our digital, global era. Justin has legal and educational experience at the local, state, national, and international levels including time as a high school teacher in southern Illinois. He holds a J.D. from Southern Illinois University and a Ph.D. in Education Policy from Indiana University.

Cost: $69 KASA member, $99 nonmember 3 EILA credit hours available Note: This is a pre-event workshop and is not included with the Symposium registration.

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Symposium Cost $229 KASA member, $329 nonmember, $89 university student* Registration includes access to the general and concurrent education sessions and materials, refreshments, and lunch on Friday. Additional registration required for the pre-event workshop. *To receive the student rate, you must be enrolled in a leadership education program and must not be serving as a school administrator. Student rate includes registration and 2014-15 KASA membership.

EILA and CLE Credit 8 hours EILA available and 4.0 hours CLE credit has been applied for.

Cancellation Policy All cancellations must be received in writing (mail, fax, or email) no later than Friday, May 30, 2014. Cancellations received by this date will be assessed a $30 processing fee, which reflects the cost of staff time to process the registration/ cancellation and materials prepared and purchased on your behalf. Cancellations received after this date will not be refunded; however, substitutions are permitted for those wishing to be replaced by another representative from the district or organization. The appropriate member or nonmember rate will apply. Substitution requests must be made in writing by June 2, 2014. Otherwise, they will need to be submitted to the registration counter on-site.

Bring Your Own Device To take full advantage of all the symposium has to offer, bring your own device. This will connect you to handouts, discussions, and the brand new Education Law & Policy Symposium App. Also, choose whether you want to receive a paper or electronic version of the program guide! See page 13 for details!

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Resources

Our resources have been specifically selected by experts in the field of education law. Smarter Clicking: School Technology Policies that Work, by C. Wells $22 KASA member/$25 nonmember Sexual Exploitation in Schools, by R. Shoop $22.50 KASA member/$25 nonmember Violence in Student Writing, by G. Oltman $22 KASA member/$25 nonmember The 200 Most Frequently Asked Legal Questions for Educators, by N. Essex $29 KASA member/$32 nonmember The Principal’s Guide to Managing School Personnel, by R. Sorenson and L. Goldsmith $25 KASA member/$29 nonmember The Principal’s Quick-Reference Guide to School Law: Reducing Liability, Litigation, and Other Potential Legal Tangles, by D. Dunklee and R. Shoop $30 KASA member/$34 nonmember Principals Teaching the Law: 10 Legal Lessons Your Teachers Must Know, by D. Schimmel, S. Eckes, and M. Militello $26 KASA member/$30 nonmember Working With and Evaluating Difficult School Employees, by J. Eller and S. Eller $20 KASA member/$23 nonmember Avoiding Legal Hassels: What School Administrators Really Need to Know, by W. Streshly, J. Walsh, and L. Frase $18 KASA member/$21 nonmember Ethical Leadership in Schools: Creating Community in an Environment of Accountability by K. Strike $23 KASA member/$26 nonmember The Politics of Parent Choice in Public Education, by Wayne D. Lewis $79 KASA member/$82 nonmember For more information on any of these texts, visit KASA’s online bookstore at www.kasa.org. Books will also be available on-site. Credit card and purchase orders accepted. If you want one or more of these books delivered to you at the event, simply select the option listed on the registration form.

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Location Details The Griffin Gate Marriott Resort & Spa, located in the heart of Lexington is a true urban oasis, located near area highways, yet secluded enough for guests to experience scenic Lexington resort ambiance. With locally inspired decor, convenient work spaces, plush Marriott signature bedding and the latest in technology enhancements, newly renovated Lexington hotel rooms - completed in spring 2013 - blend southern hospitality with unsurpassed modern comfort.

Lodging Griffin Gate Marriott Resort & Spa 1800 Newtown Pike, Lexington, KY 40511 A block of rooms has been reserved for $128 per night (plus taxes). To make lodging reservations, call the hotel direct at (859) 231-5100 and ask for the KASA Law Symposium 2014 rate. To receive this rate, reservations must be made prior to May 25, 2014. Parking Free and adequate parking is available in the hotel parking lot.

Download the Mobile App Stay abreast of the latest developments; read about the keynote speakers, plan ahead by reading which education sessions you want to attend, and use the app as your program guide!

Download KASA’s new app (called Eventsential) from the App store or Google Play. Download the Mobile App

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Position: District/Organization: Address: Email Address:

Program Guide:

Paper (must check here to receive paper version)

I will use the event app as my program guide

Pre-event Workshop * June 12, 2014 (3 hours EILA Credit) Balancing Safe Schools & Student Privacy: Backpacks, Cell Phones, Resource Officers, Student Data, and More KASA Member $69 Nonmember $99

*Note: must be enrolled in an education leadership program and not be a practicing school administrator to receive student rate.

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Cancellation Policy: See page 11. Registration fees are nonrefundable after Friday, May 30, 2014. Special Accommodations Please indicate if you are in need of any special accommodations due to disability. Audio Visual Mobile Special Diet (List restrictions) Other (Please describe)

Payment Method Purchase Order From My School District (an invoice will be mailed to your school district) My school district has issued a purchase order for my registration fee and related activities above. PO Number: School District: Direct Pay Method Payment enclosed Charge my credit card Account Name: Account Number: Exp. Date: CCV No: Signature: *CCV no. (3-digit on back of MC, VISA, Discover or 4-digit on front of AMEX)

Registration Education Law & Policy Symposium * June 12-13, 2014 (8 EILA and 6.5 CLE Credit Available) KASA Member $229 Nonmember $329 University Student $89*

Name: School: Area Code/Phone Number: Fax Number:

JUNE 12-13, 2014 * GRIFFIN GATE MARRIOTT RESORT & SPA, LEXINGTON

EDUCATION LAW & POLICY SYMPOSIUM REGISTRATION FORM

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To Register: Complete form and mail with check or purchase order to KASA, 87 C. Michael Davenport Blvd., Frankfort, KY 40601, or register online at www.kasa.org. Make checks payable to KASA.

Delivery Please ship my books (Shipping fee: 10% of total order or minimum of $4) I will pick up my books at the on-site bookstore, June 12 or 13.

Resources I wish to purchase the following: Smarter Clicking: School Technology Policies that Work, by C. Wells $22 KASA member/$25 nonmember Sexual Exploitation in Schools, by R. Shoop $22.50 KASA member/$25 nonmember Violence in Student Writing, by G. Oltman $22 KASA member/$25 nonmember The 200 Most Frequently Asked Legal Questions for Educators, by N. Essex $29 KASA member/$32 nonmember The Principal’s Guide to Managing School Personnel, by R. Sorenson and L. Goldsmith $25 KASA member/$29 nonmember The Principal’s Quick-Reference Guide to School Law: Reducing Liability, Litigation, and Other Potential Legal Tangles, by D. Dunklee and R. Shoop $30 KASA member/$34 nonmember Principals Teaching the Law: 10 Legal Lessons Your Teachers Must Know, by D. Schimmel, S. Eckes, and M. Militello $26 KASA member/$30 nonmember Working With and Evaluating Difficult School Employees, by J. Eller and S. Eller $20 KASA member/$23 nonmember Avoiding Legal Hassels: What School Administrators Really Need to Know, by W. Streshly, J. Walsh, and L. Frase $18 KASA member/$21 nonmember Ethical Leadership in Schools: Creating Community in an Environment of Accountability by K. Strike $23 KASA member/$26 nonmember The Politics of Parent Choice in Public Education, by Wayne Lewis $79 KASA member/$82 nonmember


Kentucky Association of School Administrators 87 C. Michael Davenport Blvd. Frankfort, KY 40601

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