Why Your School Board Attorney Should be a COSA Member Lester B. Johnson, III, Savannah-Chatham...
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Why Your School Board Attorney Should be a COSA Member Lester B. Johnson, III, Savannah-Chatham County Public School system; Phillip L. Hartley, Managing
Why Your School Board Attorney Should be a COSA Member Lester
B. Johnson, III, Savannah-Chatham County Public School system;
Phillip L. Hartley, Managing Partner, Harben, Hartley &
Hawkins, LLP
Slide 2
A Day In the Life of a School Attorney Open Meetings Act
Freedom of Information Act
Slide 3
Only COSA Supports Only Public School Board Attorneys COSA is
the only professional membership organization supporting
exclusively attorneys representing K-12 public school boards and
state school boards associations. 3000+ attorneys and growing
Slide 4
COSA Members At A Glance Practice TypeNumber% of total
membership Law Firms and Government Agencies245580% State School
Boards Associations1033% School District In House Counsel (our
fastest-growing category) 50016% Total Membership3058
Slide 5
NSBA Council of School Attorneys -- Mission To support school
attorneys in their representation of public school boards by
providing leadership in legal advocacy for public schools.
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NSBA Council of School Attorneys -- Purposes a) To provide a
national forum for the discussion of legal issues and problems
encountered by school attorneys in providing legal counsel, advice,
and representation to school boards and school board associations;
b) To promote and develop a closer relationship and better
understanding between school attorneys and their clients, school
boards and school board associations; c) To provide a means by
which school attorneys can advocate on behalf of public schools;
and d) To be the leader and nationally recognized educator and
authority on school law.
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What does COSA membership mean for a school attorney? You are
up-to-date You are plugged in to formation of school law at the
national level You have access to a nation-wide network of school
attorneys You have the resources of NSBA behind you
Slide 8
COSA Members are Up-To- Date and Informed Publications
Newsletters Journals Email updates Blogs
Slide 9
COSA Members Help Shape School Law at the National Level NSBA
Amicus program COSA Working groups on issues including Data Privacy
and IDEA Reauthorization Advisory Group on NSBA Advocacy
Slide 10
COSA Members Have Access to a Nationwide Network of School
Attorneys NSBA Connect discussions were the most active group at
NSBA and one of the most active discussion groups in the country
using this platform.
Slide 11
COSA Members Are Part of the NSBA Network Legal, Federal and
Public Advocacy State Association Member Services
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NSBA Legal Advocacy Ensuring Courts Understand School Board
Concerns NSBA is a friend of the court in key cases, explaining how
the courts decision will affect the policies and day-to-day
operations of schools. Containing Federal Agency Incursion on Local
Board Authority NSBA is challenging unprecedented federal agency
overreach through public comment, conversations, strategy sharing
and programming Informing the Public about School Law NSBA is the
publics premier source for school law updates.
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LONG V. MURRAY COUNTY SCH. DIST. (11 TH CIR. 2013) COSA at
work: A Case Example
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Long v. Murray County Sch. Dist. (11 th Cir. 2013) Tragic
Facts: Murray County junior Tyler Long committed suicide at home on
Oct. 17, 2009. Tyler, was diagnosed with Aspergers Syndrome in
2005. Tyler was the subject of many instances of teasing and
bullying which were reported to school officials IEP addressed
social needs and bullying. School Had: No-harassment policies STEP
discipline process Online complaint form But No: Specific mention
of disability harassment Specific charge from the school leadership
on anti- bullying processes. Confidential drop box 14
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The lawsuit Parents claimed: School deliberately indifferent to
known harassment under 504/ADA and therefore liable. Three Expert
Witnesses testified: School was not diligent recognizing and
responding to bullying School failed to prevent harassment, by
failing to meet generally accepted standards for schools and
administrators Psychological autopsy analysis concluded suicide
caused by bullying. 15
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After the trial court granted judgment in favor of the school
district, the parents appealed US DOJ/ED filed briefs in support of
the parents, arguing deliberate indifference existed when school is
ineffective in preventing sustained disability discrimination.
Determination of DI should include use of known prevention
strategies by school. Arguments tracked OCRs expansive enforcement
standard on bullying and harassment. 16
Slide 17
The districts (COSA) attorneys asked for help from NSBA. NSBAs
brief asked the Court of Appeals: Not to expand the existing
Supreme Court peer harassment standard (Davis v. Monroe County
Board of Education) Not to conflate Davis standard with OCR
enforcement standards. Not to expand Davis actual notice
requirement by triggering school upon any report of peer bullying.
17
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11 th Circuit rules for school district School district was not
deliberately indifferent to peer harassment. Deliberate
indifference standard in Davis applies to 504 and (ADA) claims.
Upheld district court ruling that the school district was not
liable for student-on-student harassment under either federal anti-
discrimination disability statute. Importance of case: failure of
remediation is not a per se indicator of deliberate indifference.
18
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In Conclusion.Why Your School Board Attorney Should be a Member
of COSA: School law updates and publications Connection to 3000+
school attorneys Tailored continuing legal education Link to NSBA
Advocacy
Slide 20
Find Out More About COSA: http://www.nsba.org/services/council-
school-attorneys-cosa http://www.nsba.org/services/council-
school-attorneys-cosa Informative video, membership form, and
benefits information Contact Sonja Trainor, COSA Director, with any
questions: [email protected].
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www.nsba.org Working with and through our State Associations,
to advocate for equity and excellence in public education through
school board leadership.