FREDERICKTOWN R-1�SCHOOL DISTRICT��August 15, 2024� In-Service Training

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Presented by:

Thomas Mickes

and

Brittany Newell

Today’s Agenda

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• Legal Update
• Discrimination, Harassment & Retaliation
• FERPA
• IEPs/504s
• Bullying
• Suicide Prevention
• Mandated Reporting Laws
• Staff Accountability
• Neutral Presentations/Postings

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Legal Update

New and Upcoming Laws

Virtual Education

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• Legislatively created in 2007
• Governance
• Initially admission and retention decisions made by resident districts
• Now – local districts have no say over their students who are full-time virtual students – except progress reports
• Admission open to all age-eligible residents of Missouri
• Presently 7,200 students are being educated in full-time virtual programs

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Going Forward Virtually

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• Major Issues:
• Staffing
• Planning
• Finances
• Effect on educational programs of returning students removed from virtual schools
• One Shining Light:
• Long-term disciplinary options avoiding hearings

Charter Schools in Missouri

• Initiated in 1998
• Kansas City Schools
• St. Louis Public Schools
• Then – Students from unaccredited schools
• Now – Boone County
• Effect on smaller districts in Boone County
• Impact on rural districts in future years
• Next – St. Charles and St. Louis County
• Charter expansion did not pass
• Will see again

Four Day School Week

• Adopted to:
• Reduce expenditures
• Retain teachers
• Education value?
• Legislature has and will continue to:
• Complicate Board decisions to move from 5 to 4-day weeks
• Provide salary incentives to assist in teacher retention

New Legislation

Beginning 26-27, districts with at least 30,000 residents or located in a charter county/city must have majority approval of qualified voters to go to 4-day week

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26-27 districts with 5-day weeks will receive:

• 1% payment of last years’ annual state aid
• 2% after 26-27
• Additional funds must go to teacher salaries

Minimum Teacher Salary

• $40k for 25-26
• $48k for 25-26 for Masters +10
• Additional $1,000 per year until 27-28 when minimum will be $48k
• 28-29 minimum salary increase adjusted annually by percentage increase in inflation

Exceptions to Salary Schedule

• Legislature authorizes exception to increase teacher compensation in:
• Hard to staff subject areas; and
• Hard to staff schools
• “Hard to Staff Schools” defined as schools were percentage of certificated positions left vacant or filled with not fully certificated teachers over prior academic year exceeds 10%
• “Hard to Staff Subject Areas” defined as similar unfilled or filled by not fully certificated teachers comparisons but without the 10% requirement

Discrimination,

Harassment,

or

Retaliation

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Discrimination, Harassment & Retaliation

Applicable Policies

• All forms of discrimination other than sex are governed only by Policy AC (non-Title IX)
• Sex discrimination is governed by Policies AC (non-Title IX) and ACA (Title IX)

What is Non-Title IX Discrimination?

District Regulation AC defines discrimination as conferring benefits on, denying benefits to, or providing differential treatment to an individual or group based on:

AGE

RACE

COLOR

DISABILITY

RELIGON

NATIONAL ORIGIN

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ANCESTRY

GENETIC INFORMATION

ANY OTHER CHARACTERISTIC PROTECTED BY LAW

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SEX (gender identity and sexual orientation)

What is Non-Title IX Harassment?

Harassment is a form of discrimination (i.e. giving benefits, denying benefits, or treating people different because of the following):

AGE RACE

COLOR SEX

RELIGION DISABILITY

GENDER IDENTITY/ SEXUAL ORIENTATION

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NATIONAL ORIGIN

ANCESTRY

GENETIC INFORMATION

OTHER PROTECTED

CHARACTERISTIC

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That causes the school or work environment to become permeated with intimidation, ridicule, or insult;

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That is sufficiently severe or pervasive enough;

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That it unreasonably alters the work or educational environment

NO Discrimination or Harassment

District Policy PROHIBITS any and all forms of unlawful discrimination and harassment based on:

AGE

RACE

COLOR

NATIONAL ORIGIN

RELIGION

DISABILITY

SEX (gender identity/sexual orientation)

ANCESTRY

GENETIC INFORMATION

ANY OTHER CHARACTERISTIC PROTECTED BY LAW

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Sexual Harassment

• Many different state and federal laws govern sexual harassment
• New Title IX regulations were effective August 1, 2024, but not currently enforceable in Missouri
• We will cover Title IX regulations that are currently enforceable in Missouri
• Discrimination based on sex is governed by Policy:
• AC 🡪 Non-Title IX
• ACA🡪 Title IX

What is Non-Title IX �Sexual Harassment?

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Sexual harassment is unwelcome conduct that occurs when:

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A) Benefits or decisions are implicitly or explicitly conditioned upon submission to, or consequence is applied for refusing to comply with:

• Unwelcome sexual advances;
• Requests for sexual favors;
• Conduct of a sexual nature.

OR

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What is Non-Title IX �Sexual Harassment?

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B) The school or work environment becomes permeated with:

Intimidation,

Ridicule, or

Insult

That is based on sex or is sexual in nature;

that is sufficiently severe or pervasive enough;

that it alters the conditions of participation in district programs and activities or the condition of employment.

What is Sexual Harassment Under Title IX?

TITLE IX

“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 education program or activity receiving Federal financial assistance.”

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“In any education program or activity”

Locations, events, or circumstances over which the school district exercises substantial control over both the alleged harasser and the context in which the sexual harassment occurs

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Definition of Sexual Harassment Under Title IX

Number 1:

• An employee expressly or implicitly conditioning the provision of an aid, benefit, or service of the district on an individual’s participation in unwelcome sexual conduct
• Called quid pro quo

Definition of Sexual Harassment Under Title IX

Number 2:

• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the district’s education program or activity
• Called hostile work environment

Definition of Sexual Harassment Under Title IX

Number 3:

• “sexual assault” under 20 USC 1092(f)(6)(A)(v), “dating violence” under 34 USC 12291(a)(10), “domestic violence” under 34 USC 12291(a)(8), or “stalking” under 34 USC 12291(a)(30)

Two Paths That Require Action

Actual Knowledge

Formal Complaint

Sexual Harassment Under Title IX

Actual Knowledge

“Actual knowledge” is notice to any employee of elementary and secondary schools of:

Sexual harassment

OR

Allegations of sexual harassment

Sexual Harassment Under Title IX

Sexual Harassment – General Info

Quid Pro Quo Harassment (Latin: “this for that”)

• Scenario: The harasser offers a reward to the victim in exchange for the victim’s agreement to perform sexual favors.
• Example: A better assignment or evaluation in exchange for sexual favors.
• Scenario: The harasser threatens to punish the victim if the victim does not submit to a request for sexual favors.
• Example: A worse grade in a class or a less desirable teaching schedule if the victim does not submit to requested sexual favors.

Sexual Harassment – General Info

Hostile Work Environment

• Generally involves a pattern of harassing conduct that is repeated over span of time.
• A single severe instance of harassing conduct can amount to sexual harassment.

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Sexual Harassment- General Info

• Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
• Can be man on man or woman on woman; The victim does not have to be of the opposite sex.
• The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
• The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

Examples of Sexual Harassment

• Propositioning
• Touching intimate parts of another person
• Pats on the bottom
• Neck rub and massages
• Speaking or writing to someone in a sexually explicit manner

• Asking others about very personal/intimate matters
• Telling others about very personal/intimate matters
• REPEATEDLY asking to date someone, particularly where there has been a prior rejection of such request

Examples of Sexual Harassment

• Grabbing or holding someone forcibly
• Giving undue attention to someone, esp. to extent they become uncomfortable
• Displaying sexually suggestive materials

• Spreading rumors about the personal or intimate details of another person
• Using vulgar or obscene language
• Physical aggression/hostility directed at another based on gender

Examples of Sexual Harassment

• In context of students:
• Removing professional boundaries
• Nicknames
• Special privileges
• Social media friends
• One-on-one communication outside school
• Physical/sexual contact or propositions
• Sexual joking, teasing, banter

Signs of Sexual Abuse

“Grooming”

• Being too overly friendly with students
• Giving students money, special gifts or privileges
• Going to students homes for non-educational purposes
• Communicating with the student regarding the staff members’ own personal problems i.e. marital problems, financial problems
• Showing students inappropriate pictures, naked pictures, pornography
• Allowing student to miss classes in school

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Signs of Sexual Abuse

“Grooming”

• Being alone in a room with the student with the door shut
• Communicating secrets with student
• Giving compliments to student regarding their physique
• Taking students on trips or traveling with students in the staff member’s personal vehicle
• Discussing sexual matters with the students including sexual jokes
• Physical contact with the student that crosses the professional barrier

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Signs of Sexual Abuse

Common Grooming Pattern Per Our Experience:

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• Special Treatment
• Special seat in class
• Pet name
• Compliments
• Answers on tests/assignments
• Personal Communication
• Alone with student in room
• Texting
• Social media
• Secretive app
• Touching & Body Sharing
• Starts minor – hair, shoulder, hip, thigh
• Progresses – more intimate touching, sexual photos

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Sexual Harassment – General Info

Sexual harassment of students:

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SEXUAL HARASSMENT OF A STUDENT BY A DISTRICT EMPLOYEE IS always PRESUMED TO BE UNWELCOMED

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Sexual Harassment – General Info

Where can sexual harassment occur?

• On school property
• School bus
• School event (on and off-campus)
• Electronically

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Sexual Harassment- General Info

Who can be liable for sexual harassment?

• Students
• Employees
• Coaches
• Board of Education members
• School volunteers
• Visitors
• District

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LGBTQ+ Considerations

• “Sex” is broadly defined to include gender identity and sexual orientation under various anti-discrimination laws.
• As such, discrimination protections extend to individuals who identify as a different sex and transgenders.
• If students ask to be referred to as a particular pronoun or change their name, discuss how to handle with district administrators.
• If students asks questions on these topics, refer them to district administrators.

Prohibition on Retaliation

District Policy PROHIBITS retaliation against any individual because that individual has:

• Reported discrimination and/or harassment.
• Testified, assisted, or honestly participated in the investigation of any act of discrimination and/or harassment.

Retaliation Scenarios

District Policy PROHIBITS retaliation against individuals for:

• Making an internal complaint of discrimination or harassment.
• Filing a charge of discrimination or harassment with the EEOC, MCHR, or OCR.
• Testifying or participating in any way with an external or internal investigation of alleged discrimination or harassment.
• Opposing discriminatory employment practices.

Actions to Take…

• If you believe that you or another is being subjected to unlawful discrimination, harassment, or retaliation, you should:
• NOT promise confidentiality
• Take prompt and effective remedial action
• Immediately report to your District Compliance Officer or Title IX Coordinator named in your Board Policies and advise your building administrator
• Document
• Hotline?
• Follow up!

District Compliance Officer & Title IX Coordinator

If you need to report discrimination/ harassment, or have questions regarding the district’s compliance with state and federal non-discrimination laws you should promptly contact:

Asst. Superintendent

Shannon Henson

704 E. Hwy 72

Fredericktown, MO 63645

573-783-2570

shannon.henson@fpsk12.org

Family

Educational

Rights &

Privacy

Act

Purpose of FERPA

1. Prohibit Disclosure of student’s educational records or personally identifiable information without written parental consent;
2. Give parents or eligible students Access to inspect and review the student’s educational records;
3. Give parents or eligible students the right to request Amendment of records they believe are inaccurate or misleading.

What is an Educational Record?

Educational records are records that are:

• Directly related to a student, and;
• Maintained by the District.
• is dependent on the information IN the record, not WHERE the records are kept.
• Does NOT require information to be kept in an “official file.” Could be in a teacher’s desk, nurse’s logs, principal’s files, etc…
• The record need NOT be created by the school.
• Unique Examples: Handwriting notes, computer media, video, or audio files, film…

What is an Educational Record?

Educational records do NOT include records that are:

Kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.

FERPA - Disclosure

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Disclosure of educational records can only be made to a third party without parental consent if:

• Directory information
• See Regulation JO-1
• To other school personnel within the District, whom the District has determined to have legitimate educational interests
• Health & safety emergencies of students or others
• Subpoenas (after notice to parents)
• Other limited exceptions

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Who Has FERPA Rights?

• Both parents and eligible students.

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• Parent is defined as “a parent of a �student and includes a natural parent, �a guardian, or an individual acting as �a parent in the absence of a parent �or guardian.”

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• Rights transfer to the student when he or she turns 18 years of age or enters a postsecondary educational institution at any age.
• Parent can still access if claiming child as dependent

on federal taxes

Details of Parental Rights

• What if a parent that does NOT have parental custody request their child’s educational records?
• The District must provide the records UNLESS the District has a court order, state statute, or legally binding document relating to divorce, separation, or custody that specifically revokes these rights.

StepParents

• A stepparent has FERPA rights where the stepparent is present on a day-to-day basis with the natural parent and child and the other parent is absent from the home. That stepparent has the same rights as natural parents.

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IEPs and 504 Plans

This Photo by Unknown Author is licensed under CC BY-ND

IEPs and 504s

The Individuals with Disabilities Education Act (IDEA) requires schools to offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.

Section 504 of the Rehabilitation Act of 1973 requires that no qualified person with a disability, solely by reason of their disability, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance

IEPs and 504s

• Imperative to have knowledge about and follow
• Consequences:
• OCR Complaint
• Due Process Hearing
• Lawsuit
• Employment Discipline

�Bullying

�What is Bullying?

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• Intimidation, unwanted aggressive behavior, or harassment;
• That is repetitive or is substantially likely to be repeated;
• And:
• 1) Causes a reasonable student to fear for his or her physical safety or property;
• 2) Substantially interferes with the educational performance, opportunities, or benefits of any student without exception; or
• 3) Substantially disrupts the orderly operation of the school.

What is Bullying?

• Bullying may consist of physical actions (including gestures), oral, cyberbullying, electronic, or written communication, and any threat of retaliation for reporting acts of bullying.
• Cyberbullying 🡪Bullying through the transmission of a communication including, but not limited to, a message, text, sound, or image by means of an electronic device including, but not limited to, a telephone, wireless communication device, computer, or pager.

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Bullying – What is Required?

• District employees, substitutes, or volunteers must report to the principal any instance of bullying the employee has firsthand knowledge of or witnessed within TWO school days.
• Bullying Incident Report Form
• Any employee who receives report from student must promptly transmit report to the principal
• Within TWO school days of a report of an incident of bullying being received, the school principal, or designee, shall initiate an investigation of the incident.
• The investigation shall be completed within TEN school days from the date of the written report unless good cause exists to extend the investigation.

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Bullying – what is required?

• The principal will decide whether bullying or harassment occurred
• If harassment, policy AC applies, and the Compliance Officer must be notified
• The principal will decide whether additional discipline is warranted in accordance with the District’s student discipline code
• The principal will draft a written report of the investigation and findings, send a copy to the anti-bullying coordinator, and document the report in the victim and alleged/actual perpetrator’s files

Bullying

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• No retaliation is permitted against any person who reports an act of bullying.
• Risk of not reporting:
• Student is harmed – by self or others
• Litigation – bullying suicide cases
• Deceased student’s family will argue:
• Failed to follow District Policy
• Failed to report
• Failed to follow up with bullying victim or remedy bullying situation

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Bullying

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• Keep in mind same conduct may meet the definition of both bullying and discrimination or harassment
• Separate reporting and investigation requirements
• Bullying – tell principal
• Harassment/Discrimination – tell Compliance Officer

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Suicide Prevention & Response

Suicide Prevention & Response

• The district will establish a district-level Crisis Response Team (CRT) and, if practical, a team in each building.
• CRT members will include administrators, counselors and the school nurse and may also include school social workers, school resource officers, teachers and community members as appropriate.
• The CRT will be responsible for implementation of the district's response plan.�

Suicide Prevention & Response

• Any district employee who has a reasonable belief that a student may be at risk of suicide, even though the student is not having a suicide crisis, will take the following steps:
• Make every effort to locate the student immediately, and do not leave the student alone.
• Notify a CRT member or the building administrator or designee. If building administrator, designee or any of the CRT members cannot be reached, contact the student's parent/guardian. If the parent/guardian is also unavailable, or at the parent's/guardian's request, contact emergency services.�

Suicide Prevention & Response

• If an employee reasonably believes a student is attempting or seriously contemplating or planning suicide, the employee will take the following steps:
• Make every effort to locate the student immediately, and do not leave the student alone.
• Immediately report the situation to a CRT member or the building administrator or designee. If building administrator, designee or any of the CRT members cannot be reached, notify the student's parent/guardian and contact emergency services. As soon as practical, notify the building administrator or designee.
• The employee may also contact the National Suicide Prevention Lifeline (800-273-8255) for assistance.�

Suicide Prevention & Response

• Do not promise students confidentiality
• Employees are required to share with the CRT and administrators or their designees any information that may be relevant in determining whether a student is at risk of suicide, is having a suicide crisis or is otherwise at risk of harm.
• Health and safety emergency is FERPA exception

Suicide Prevention & Response

Warning Signs:

• If a person talks about:
• Killing themselves
• Feeling hopeless
• Having no reason to live
• Being a burden to others
• Feeling trapped
• Unbearable pain

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From American Foundation for Suicide Prevention https://afsp.org/risk-factors-protective-factors-and-warning-signs/

Suicide Prevention & Response

Behavior:

• Increased use of alcohol
• Looking up ways to end life
• Withdrawing from activities
• Isolating from family and friends
• Sleeping too much or too little
• Telling people goodbye
• Giving away belongings

Mood:

• Depression
• Anxiety
• Loss of interest
• Irritability
• Humiliation/Shame
• Agitation/Anger
• Relief/Sudden Improvement

Warning Signs:

From American Foundation for Suicide Prevention https://afsp.org/risk-factors-protective-factors-and-warning-signs/

Mandated Reporting Laws

Mandated Reporting Laws

RSMO 210.115.1

“When any . . . teacher, principal or other school official, . . . or other person with responsibility for the care of children has reasonable cause to suspect that a child has been or may be subjected to abuse or neglect or observes a child being subjected to conditions or circumstances which would reasonably result in abuse or neglect, that person shall IMMEDIATLY report to the division...”

• Immediately = before internal investigation
• BUT allows for discretion

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How to Report to Children’s Division

• CALL THE HOTLINE AT 1-800-392-3738
• The Children’s Division staff this hotline 24 hours a day, 7 days a week, 365 days a year.

Who is Required to Hotline?

The definition of who is responsible for the care, custody and control of a child under child abuse and neglect laws is broad and includes:

As long as the relationship was established through the school or school-related activities this definition applies even if the alleged abuse or neglect occurred outside of school hours or off school grounds.

School Personnel

Contractors

Volunteers

Mandated Reporting Laws

RSMO 210.115 & 162.069

• No supervisor or administrator may impede or inhibit any reporting of child abuse and neglect.
• No person making a report of child abuse and neglect shall be subject to any sanction, including adverse employment action, for making such report.

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Mandated Reporter Immunity

• Immunity from any liability, civil or criminal, that otherwise might result by reason of such actions.
• However, any person, official or institution intentionally filing a false report, acting in bad faith, or with ill intent, shall NOT have immunity from civil or criminal liability.
• Risk in not reporting; no risk in reporting if reasonable belief

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Staff Accountability

Staff Accountability

• Responsible for knowing, following, and upholding all district policies
• Policies available on website

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Staff Accountability

Staff Conduct Policy (GBCB)

• Employees must act professionally, ethically and responsibly; use good judgment; and do what is necessary to maintain a safe learning environment and positive relations with students, parents/guardians, coworkers and the public.
• In addition to other policies and directives from supervisors, employees are expected to:
• 1. Become familiar with, enforce and follow all applicable Board policies and regulations, administrative procedures, other directions given by district administrators and supervisors, and state and federal laws.

Staff Accountability

• 2. Maintain courteous and professional relationships with students, parents/guardians, other district employees and the public.
• 3. Actively participate in professional development and obtain information necessary to effectively perform the employee's job duties.
• 4. Conduct all official business in a professional and timely manner. Meet deadlines set by the district, administrative staff and supervisors. Conduct business with the appropriate designated person or department.

Staff Accountability

• 5. Care for, properly use and protect school property. Immediately report all dangerous building conditions to the building supervisor and take action to rectify the situation in order to protect the safety of students and others. Take appropriate action to prevent loss or theft of district property, and immediately report loss or theft of district property.
• 6. Attend all meetings called by supervisors or the district administration unless excused. Arrive at work and leave work at the time specified by the district or as directed by a supervisor, and follow district policies, procedures and directives regarding absences. All nonexempt employees must receive permission from a supervisor prior to working overtime.�

Staff Accountability

• 7. Maintain records as required by law, Board policy and procedure, and do not destroy records unless authorized to do so. Keep all student records, medical information and other legally protected information confidential. Submit all required documents, information, data or reports at the time requested. Employees must not falsify records, create misleading records or compromise the accuracy and security of district data.
• 8. Properly supervise all students. The Board expects all students to be under assigned adult supervision at all times during school and during any school activity. Employees must not leave students unsupervised except as necessary to handle an emergency situation.

Staff Accountability

• 9. Obey all safety rules, including rules protecting the safety and welfare of students.
• 10. Communicate clearly and professionally. Employees will not use profanity and will not raise their voices unless necessary. Written communication must be grammatically correct. 
• 11. Dress in a professional manner that does not interfere with the educational environment and as directed by administrators or supervisors.

Staff Accountability

• 12. School employees shall not perform strip searches, as defined in state law, of students except in situations where an employee reasonably believes that the student possesses a weapon, explosive or substance that poses an imminent threat of physical harm to the student or others and a commissioned law enforcement officer is not immediately available.
• 13. School employees shall not direct a student to remove an emblem, insignia or garment, including a religious emblem, insignia or garment, as long as such emblem, insignia or garment is worn in a manner that does not promote disruptive behavior.

Staff Accountability

• 14. State law prohibits teachers from participating in the management of a campaign for the election or defeat of a member of the Board of Education that employs such teacher.
• 15. Unless otherwise allowed by law, employees may not engage in political campaigning during the working day or during times when they are performing their official duties.
• 16. Employees will not represent their personal opinions as the opinions of the district and, to avoid confusion, are required to clearly indicate when they are speaking or writing as an individual and not a representative of the district.

Staff Accountability

• Repercussions for failing to follow or uphold policies:
• Verbal discussions
• Written warnings/memos
• Performance Improvement Plans (PIPs)
• Notice of Deficiency
• Non-Renewal/Termination

Neutral Presentations/Postings

Neutral Presentations/Postings

• Classroom displays and posted materials should be curriculum based and related to the subject taught in the classroom.
• Viewpoints should be curriculum based and related to the subject taught in the classroom.
• All communications made by employees while working or representing the district must be professional.
• Employees are prohibited from representing their opinions as those of the district.

Neutral Presentations/Postings

• Stick to district approved curriculum
• Stick to district approved library books/movies

Questions?

Thomas Mickes

MCE Education Law, LLC

tom@moconed.com

tom@mce-educationlaw.com

314-330-8903

Brittany Newell

Missouri Education Solutions, LLC

brittany@moedsolutions.com

573-768-1554

www.missourieducationsolutions.com

HAVE A GREAT

2024-2025

SCHOOL YEAR!

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