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What will we talk about?
What will we talk about?
New State Statutes Recent State Court Cases New Federal Statutes and
Regulations New Federal Court Cases
State Statutes LB 403/ Neb. Rev. Stat. § 4-114• Prohibits schools from providing
“public benefit” to any individual no lawfully in U.S.• Must check new hires in e-verify• Must have clause in new agreements
for contractors to use e-verify• Should amend existing contracts
State Statutes LB 626/ Neb. Rev. Stat § 49-
14,101.01 (PADA)• Passed in response to Nolan case• Provides that de minimis or
incidental use of public resources for personal business• Must reimburse for charges• Boards not require to allow
State Cases South Sioux City Ed. Ass’n. v. Dakota
County Sch. Dist., (Neb. 2009)• School hired “long term sub” • Union sued, claiming violation of
CBA• Court upheld CIR’s ruling against
school.
State Cases South Sioux City Ed. Ass’n. v. Dakota County Sch.
Dist., (Neb. 2009)• School hired “long term sub” • Union sued, claiming violation of CBA• Ct: “Manning was a certificated teacher hired to
replace a teacher who had left the District's employ with no plans to return. Manning was paid as a substitute teacher, even though she was a probationary employee. The District's employment of Manning as a "long-term substitute" was a prohibited practice, as alleged by the Association.
State Cases South Sioux City Ed. Ass’n. v. Dakota
County Sch. Dist., (Neb. 2009):Manning was a certificated teacher hired to replace a teacher who had left the District's employ with no plans to return. Manning was paid as a substitute teacher, even though she was a probationary employee. The District's employment of Manning as a "long-term substitute" was a prohibited practice, as alleged by the Association.
State Cases Fort Calhoun Baptist Church v.
Washington County Board of Equalization, (Neb. 2009)• Church leased space to School,
county board reduced tax exemption• Court: use of property for exempt
purposes, not market value of lease that matters
State Cases Haskell v. Madison County School Dist.
No. 1, (Neb. 2009)• Plaintiff sought injunction
preventing closure of former Class I• Court: repeal of LB 126 did not
recreate Class I schools
State Cases Freeholder Cases
Koch v. Cedar Co. Freeholder Board Janzen v. Freeholder’s Board of York/Hamilton
Co. Goossen v. Freeholder’s Board of
York/Hamilton Co.
• Court: not receptive to highly technical challenged to freeholder petitions
State Cases Miller v. School District No. 18-0011 of
Clay County• Plaintiff RIFfed when school
contracted with neighboring district for art instruction• NSEA: no RIF if program remains• District Court: ruled for plaintiff• Awaiting Supreme Court Decision
Federal Statutes
Americans with Disabilities Act Amendments (ADAA)
Why was ADA Changed?
Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999)
The ADA Amendments Act of 2008 increased the number of individuals who qualify for accommodation under both the Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973.
What are the Major Changes?
First, the definition of “major life activity” has expanded
Now include but are not limited to:
Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
What are the Major Changes?
Second, interpretation of “substantially limits” has been changed- Must evaluate impairment that is episodic or in
remission in active state
- Must not consider mitigating measures
Federal Statutes
Family Medical Leave Act (FMLA)• Technical changes to notice of
employees of their FMLA rights and after they request FMLA leave• Added deployment of spouse, child or
parent as qualifying event• Added 26 weeks of leave is spouse, child
or parent is injured in military service
Federal Cases: Supreme Court
Safford Unif. Sch. Dist. No. 1 v. Redding• Strip search of student suspected of
possessing prescription strength ibuprofen • Court: search unreasonable in scope
Federal Cases: Eighth Circuit
Roark v. South Iron R-1 Sch. Dist• School allowed Gideons to hand out
Bibles to 5th graders• Changed policy after sued• Court: handing out Bibles to
students on school property during school day violates Establishment Clause
Federal Cases: Eighth Circuit
Plamp v. Mitchell Sch. Dist. No. 17-2• Student sexually harassed by teacher• Sued school alleging violation of Title
IX• Court: other teachers and counselor
were not "appropriate persons" for the purposes of finding a school district liable for Title IX harassment
Don’t let the lawyers worry you too much…
