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Bullying, discrimination and harassment remain some of the most difficult issues both students and schools face today. The extent and limitations of the law are not always obvious, however. This comprehensive overview of student bullying, discrimination and harassment laws will get you up to speed on the latest legal perspectives. You'll take away the valuable knowledge you need to confidently handle contentious legal situations - register today!
Get up to speed on federal and state anti-bullying laws you need to know.
Know to what extent schools are obliged to protect students from bullying.
Determine the scope of authority schools have to address cyberbullying.
Confidently handle situations where special needs students are aggressors.
Understand the top mistakes schools make when handling discrimination and harassment claims.
Master the key steps of bullying, discrimination and harassment lawsuits.
Know how the latest court decisions affect the contents of anti-bullying policies.
Case Law and Federal/State Laws You Must Know 10:00 - 10:45, Richard F. Verstegen
State Anti-Bullying Laws
ADA and Section 504 of the Rehabilitation Act
Individuals with Disabilities Education Act (IDEA)
Title VI of the Civil Rights Act of 1964
Sexual Harassment and Gender Anti-Discrimination Laws
Constitutional Protections and Claims
School Authority, Liability and Students' Rights 10:45 - 11:30, Richard F. Verstegen
Extent of a School's Legal Obligations to Protect Students
Public School Liability and Government Employee Protections
Liability for Private/Parochial Educational Facilities
"Actual Knowledge" and Reasonableness Analysis
Deliberate Indifference Assessment: Was the Response Reasonable?
Authority to Conduct Searches vs. 4th Amendment Violations
First Amendment Rights vs. Obligations to Address Bullying or Discrimination
Off-Campus Incidents, Cyberbullying and Harassment 11:45 - 12:30, Erin D. Gilsbach
Scope of School Authority to Address Off-Campus Conduct
School Liability for Harassment That Occurs Online
Monitoring and Restricting Internet Use: How Far Can Schools Go?
Investigation and Disciplinary Actions
Case Law Review
When Special Needs Students Are the Victims or Aggressors 12:30 - 1:15, Laura Tubbs Booth
Functional Behavior Plans (FBAs)
Behavior Intervention Plans
Placement Changes: Ensuring Legal Best Practices
Preparing for Due Process Hearings
Top Mistakes Schools Make: Treasure Troves for Plaintiffs' Attorneys 1:45 - 2:15, Laura Tubbs Booth
Overlooking the Problem
Downplaying the Issue: Horseplay vs. Bullying vs. Harassment
Weak Policies and Procedures
Inadequate Training of Staff
Investigation and Disciplinary Mistakes
Violations of Privacy and Free Speech Rights
Insufficient Steps to Eliminate the Hostile Environment
Failure to Stop Additional Harassment and Prevent Retaliation
Red Flags and Cracks in Documentation
Model Policies and Measures to Mitigate Liability 2:15 - 2:45, Erin D. Gilsbach
Tips for Drafting School Policies (with Samples)
Measures Put Into Place by School Districts to Avoid Liability
Measures Courts Have Expressed That Districts Should Put Into Place
Bullying, Discrimination and Harassment Lawsuits 3:00 - 4:00, Erin D. Gilsbach
OCR Complaints and Investigations
Identifying the Liable Party
Causes of Action and Likelihood of Recovery
Investigation and Discovery: Pointers and Sample Resources
Cyberbullying Cases: Emails, Texts, Social Media
When FERPA Problems Arise
Settlement and Trial
Legal Ethics 4:00 - 5:00, Erin D. Gilsbach
Conflicts of Interest
Ethical Concerns in Working with or Against Minors