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Legal
General information to help you keep up-to-date on the legal issues in education. Whether you need quick legal advice or long-term guidance, you can rely on OSBA's litigation services team.
Contact PACE Preloss: 503-485-4800
Legal Services
Whether you need quick legal advice or long-term guidance, you can rely on OSBA's litigation services team.
School Law Reporter
The School Law Reporter, to update and inform you about developing law.
Council of School Attorneys
Offers access to a network of Oregon school attorneys and an annual conference on current legal issues.
Legal Assistance Trust
Members can receive assistance in covering the expense of litigating cases that have a statewide impact on schools.
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Fry v. Napoleon Community Schools
On February 22, 2017, the United States Supreme Court decided Fry v. Napoleon Community Schools, No. 15-497.
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Court orders school to allow teacher’s religious poster in classroom
A federal court in California found that ordering a teacher to take down his religious banners violated his First Amendment right.
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Disregarding signs of disability amounts to “child find” violation
The federal court with jurisdiction over Oregon recently found that a district’s failure to conduct an educational assessment when there were clear signs of a student’s learning disabilities was the same as refusing to identify the student under the IDEA.
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Employee discharged for medical marijuana
Medical marijuana users are not protected by Oregon's disability law.
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Federal court finds IEP and placement appropriate over parents’ objections
Recently a federal court in Lessard v. Wilton-Lyndeborough Cooperative School District rejected parents’ arguments finding a school district offered a student FAPE in the least restrictive environment and that a proposed IEP was appropriate.
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Professor’s offensive messages did not constitute workplace harassment
A community college in Arizona was not required to discipline or dimiss a professor.
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Residential placement not necessary
Residential placements not necessary to address issues unrelated to learning process
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Saving money found not to violate anti age-discrimination law
The desire to save money is not prohibited by the Age Discrimination in Employment Act (ADEA).
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Supreme Court grants unemployment benefits to teacher involved in film clip controversy
A teacher was entitled to unemployment benefits under Oregon law after he resigned in lieu of termination.
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WA school district not liable for peer-on-peer sexual harassment
The student failed to prove facts essential to prevail under his claim for sexual harassment.
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Board’s removal of board member from vice president position ruled constitutional
A school board’s vote to remove one of its members as board vice president because of his public criticism of the superintendent was not prohibited by the first amendment.
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Workplace Retaliation Claim Primer
What does that mean? And how can education professionals avoid claims and lawsuits stemming from allegedly retaliatory actions?
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School Districts are Legally Required to Have ADA Accessible Websites—Free Training Available
The U.S. Department of Education’s Office of Civil Rights (“OCR”) is launching a technical initiative webinar series to assist schools in making their websites and online programs accessible.
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Free Speech and the Confederate Flag
Is this a first amendment issue? Are schools allowed to ban Confederate flags?
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OSBA Student Protest Guidance
What do we do if students get up and walk out of class to protest?
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Requests from InvestigateWest, and Other Public Records Requests
The request from InvestigateWest should be treated like any other public records request
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Air Quality Recommendations and Requirements
New guidance from OSAA on the current air quality
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Proposed Rule Will Change Student Medication Protocol
Under these proposed changes, school personnel who are to administer medicine must complete annual training
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Public Records Law Update: Hurry!
Under the new Oregon public records laws, time is of the essence
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Schools May Not Collect or Disclose Information About a Person’s Citizenship or Immigration Status Unless Required by Law
Under this act districts may not collect information regarding a person’s citizenship or immigration status, unless required by another state or federal law
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Oregon Equal Pay Act
Oregon recently enacted the Oregon Equal Pay Act of 2017 expanding prohibitions on unequal pay
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Public Charter School Students May Play Sports in Their Districts
Public charter school students must be treated essentially as homeschooled students for the purposes of interscholastic activities
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Criminal Background Checks Required for School Volunteers
Volunteers must go undergo criminal background
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Schools Must Record Workplace Injuries and Illnesses
The new changes require schools to keep injury and illness records
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NEW Emergency Management Guidance from FEMA
A Guide to Improving School Natural Hazard Safety, in order to help schools be better prepared and better able to respond, recover, and mitigate future natural hazards
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School Employee Reporting Responsibilities Guide
OSBA/PACE recently authored a guide to mandatory reporting for administrators. The guide covers reporting responsibilities for child abuse and employee misconduct.
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Social Media Use by School Employees - Guidance for K-12 Districts and ESDs
Many employees will use social media, both personally and for work purposes. While Facebook, Instagram, and Pinterest are popular today, new platforms are developed constantly that your employees may want to use.
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Drug Tests and Employees
Recommendations and Best Practice
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Single-Sex Membership Youth Organizations Letter
US Department of Education Office for Civil Rights Issues New “Dear Colleague” Letter on Subject of Single-Sex Membership Youth Organizations
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Workplace Retaliation Claim Primer
What does that mean? And how can education professionals avoid claims and lawsuits stemming from allegedly retaliatory actions?
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Gender Equity in Career and Technical Education
Career and technical education (CTE) opportunities are increasingly recognized as a necessary part of education at all levels. What should your institution do to comply?
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Record Retention
Questions often arise regarding how long records should be kept and what should be retained or discarded.
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Overview of Title IX – Not Just for Sports
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance…”
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ADA Reasonable Accommodations for School Employees
ADA Reasonable Accommodations for School Employees: the Why, How, When and What If…
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Guns in schools and community colleges - state and federal laws
Laws governing guns in schools and community colleges
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Guns in community colleges - FAQ
Laws governing guns in community colleges, and how they apply to students, staff and the public.
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Guns in schools - FAQ
Laws governing guns in schools, and how they apply to students, staff and the public.
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Teacher and Administrator Contract Renewals, Non-Renewals and Dismissal
This link outlines the processes required by Oregon law for teacher and administrator contract renewals, non-renewals and dismissals. District policies, collective bargaining agreements and administrator contracts should be reviewed and the District's legal counsel consulted prior to beginning any non-renewal or dismissal procedure.
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Mandatory non-curricular training
Compliance training for employees of Oregon schools.
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Family Education Rights and Privacy Act (FERPA) -- the Basics
The laws surrounding the confidential of student education records.
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Custody issues and schools
At the beginning of each school year front office staff and administrators must deal with tough situations involving custody disputes.
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Oregon ethics laws frequently asked questions
Frequently asked ethics questions: Get the run down on what you need to know about Oregon’s ethics laws.
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Reasonable suspicion is grounds for search
The Oregon Supreme Court ruled that a school with reasonable suspicion of drug possession had legal grounds to search a student and seize drugs.
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Service animals in schools resources
Information about service animals in schools.