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Legal
General information to help you keep up-to-date on the legal issues in education. Whether you need on-the-spot legal advice or continued guidance, you can rely on OSBA's legal services team.
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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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Automated External Defibrillators and Oregon schools
Summary changes to the law involving districts' responsibility to have Automated External Defibrillators on school campuses.
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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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Boundary Invasion Toolkit
PACE has developed a Boundary Invasion Toolkit
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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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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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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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Do we have to take minutes at a board retreat and if so do we have to have them approved at the board meeting?
Question from Ask OSBA
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Do you have any information on the Dream (Development, Relief, and Education for Alien Minors) Act and what information school districts will be asked to provide and suggested protocols for this process?
Question from Ask OSBA
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Drug Tests and Employees
Recommendations and Best Practice
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Employee discharged for medical marijuana
Medical marijuana users are not protected by Oregon's disability law.
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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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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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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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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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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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Guns in schools and community colleges - state and federal laws
Laws governing guns in schools and community colleges
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Mandatory non-curricular training
Compliance training for employees of Oregon schools.
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Must executive session minutes be separate from regular session minutes, or can they be contained in the body of the regular session minutes?
Question from Ask OSBA
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One of our board members has volunteered some contracting services to the district, but I believe they would like to pay him for some future services. Is that legal and/or ethical?
Question from Ask OSBA
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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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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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Pressure groups
On rare occasions, a hostile group may approach the board to comment on a decision that the board is considering or has just made.
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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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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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Record Retention
Questions often arise regarding how long records should be kept and what should be retained or discarded.
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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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Service animals in schools resources
Information about service animals in schools.
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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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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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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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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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Teacher’s grievance against principal not protected by First Amendment
Speech not required in an employee’s job description can still be part of a public employee’s official duties.
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The board chair and first amendment
When the board chair speaks to an issue, the public and the media assume that the chair’s statement is the opinion of the entire board of education.
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The board chair and superintendent
The board chair and the superintendent collaborate on the meeting agenda and other operational issues facing the board.
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US Department of Education’s definition of “highly qualified teacher” invalidated
The federal regulation implementing the No Child Left Behind Act was partially invalidated.
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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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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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