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29^th Annual

School Law Conference

Austin Feb 27-28, 2014 AT&T Conference Center
Conference Concluded

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Overview

The School Law Conference is the definitive program for school administrators, school board members, education professionals, and the legal counsel who represent them. Presentations offer in-depth, practical discussion of the legal and regulatory issues affecting schools and school districts, and provide a must-have set of materials and resources.

Hear an update from Commissioner of Education, Michael L. Williams
Review First Amendment free-speech issues as applied to various forms of communications, including social media
Examine school personnel issues such as the challenges associated with workplace relationships, how a school district should proceed when an employee is injured on the job, and the usage of criminal history records when making personnel decisions
Review recent case law regarding IDEA and FAPE
Learn about the legal issues such as gender identity and gender-based discrimination pertaining to transgender students and personnel
Evaluate the TRS laws and regulations regarding employee and independent contractor status and retiree re-employment
Earn up to 1.75 hours ethics credits with substantive ethics sessions including the ethical rules governing school district in-house counsel from all perspectives—inside, outside and across the aisle; the ethical issues addressing conflicts of interest for attorneys serving in an administrative position other than legal counsel; and a survey of state reporting laws of suspected child abuse, the attorney’s duty to report, and attorney-client privileges

Event Schedule

Program is subject to change.
All times are Central Time Zone.

Day 1 February 27, 2014
Day 2 February 28, 2014

Time

Credit

Subject

Speaker
Thursday Morning, Feb. 27, 2014
Presiding Officer:
S. Anthony Safi, Mounce, Green, Myers, Safi, Paxson & Galatzan, P.C. - El Paso, TX
7:30 am

Registration Opens

Includes continental breakfast.
8:35 am

Welcoming Remarks
8:45 am

1.00 hr

Commissioner's Decisions Update

An update on recent Commissioner of Education decisions with a focus on significant developments related to the non-renewal process.

Mark P. Tilley, Texas Association of School Boards - Austin, TX
9:45 am

0.50 hr

Implementation of the New Laws Limiting the Issuance of Class C Citations

A brief overview of the changes made by SB 1114 and SB 393, with an examination of how different districts are implementing the changes, how the changes are impacting student discipline, and, how law enforcement views the changes. Forms created by both law enforcement and school administrators used to manage the requirements of the new laws provided.

Carrie Rhynehart Galatas, Conroe Independent School District - Conroe, TX
10:15 am

Break
10:30 am

0.75 hr
0.25 hr ethics

Conflicts of Interest

Discussion of conflict of interest issues generally applicable to School District Trustees (e.g. nepotism, dual office-holding, disclosure etc.) with a specific look at conflict of interest and related ethical issues unique to attorneys who serve as a Trustee or in an administrative position other than legal counsel.

Peter K. Rusek, Sheehy Lovelace & Mayfield - Waco, TX
11:15 am

0.75 hr

Intellectual Property Issues Affecting Schools

Intellectual property law (both state and federal) touches on multiple activities regularly occurring in schools. From school mascots to stock curriculum such as CSCOPE, to graduation videos, intellectual property issues can pop-up when you least expect them. Learn some common intellectual property dilemmas and best practices to deal with them.

Carol A. Simpson, Eichelbaum Wardell Hansen Powell & Mehl, P.C. - Plano, TX
12:00 pm

Lunch On Your Own
Thursday Afternoon, Feb. 27, 2014
Presiding Officer:
S. Anthony Safi, Mounce, Green, Myers, Safi, Paxson & Galatzan, P.C. - El Paso, TX
1:15 pm

0.50 hr

Special Education Case Law Update

Review of recent case law interpreting the IDEA and Section 504, and the obligation to provide a FAPE to students with disabilities.

Jeffrey L. Rogers, Rogers, Morris & Grover, L.L.P. - Houston, TX
1:45 pm

0.75 hr

School Scandals: Daytime Friends and Nighttime Lovers

So you want to be in pictures? A sure way to get your photo in the news is to ignore the warning signs of amoré between employees, students, volunteers and others. Since most people meet their spouses at work, what can a district do when two willing single adult employees are dating? What about the extra-marital affair and its impact on a campus? Our nighttime reporters humor you with real fact situations and how to deal with them so you don’t become “newsworthy.”

Julie A. Leahy, Texas Classroom Teachers Association - Austin, TX
Susan G. Morrison, The Fowler Law Firm, P.C. - Austin, TX
2:30 pm

0.50 hr ethics

Attorney as Reporter of Suspected Child Abuse

A survey of state reporting laws, attorney's duty to report, failure to report and attorney-client privileges.

Cathy Ogle Morris, Child Protection Court of South Texas - Boerne, TX
3:00 pm

Break
3:15 pm

0.75 hr

Federal and State Employment Law Update

Analysis of recent developments in state and federal employment law that address various topics of interest to school districts, such as personnel decisions, the Affordable Care Act, employee leave, and employee free speech-related issues, including the use of social media.

Ellen H. Spalding, Rogers, Morris & Grover, L.L.P. - Houston, TX
4:00 pm

1.00 hr

Case Study: Public/Private Economic Development Partnerships

A case study of how Frisco ISD leveraged its tax dollars through partnering with the City of Frisco and private developers to create professional-grade sports facilities that are used by Frisco ISD at low maintenance and operation costs.

Moderator:
Richard Wilkinson, Frisco ISD - Frisco, TX
Panelists:
Richard M. Abernathy, Abernathy, Roeder, Boyd & Joplin - McKinney, TX
Sandy D. Hellums-Gomez, Thompson & Horton LLP - Houston, TX
Robert H. Roeder, Abernathy, Roeder, Boyd & Joplin, P.C. - McKinney, TX
5:00 pm

Adjourn

Time

Credit

Subject

Speaker
Friday Morning, Feb. 28, 2014
Presiding Officer:
Michael J. Currie, Texas Classroom Teachers Association - Austin, TX
7:30 am

Conference Room Opens

Includes continental breakfast.
8:30 am

0.50 hr

Oh, What a Tangled Web They Weave: Employment Status, Independent Contractor and Teacher Retirement System Surcharge Changes

The law and regulations on Teacher Retirement System (TRS) retirees returning to work appear to be ever-changing. An in-depth look at the important distinctions between employee and independent contractor status, with reviews of the latest changes to TRS regulations concerning the employment of TRS retirees returning to work, including the circumstances which can trigger surcharges for school districts and adversely impact a retirees's receipt of benefits.

Laura Rodriguez McLean, Walsh, Anderson, Gallegos, Green and Trevino, P.C. - Irving, TX
9:00 am

0.50 hr

Use of Criminal History to Make Personnel Decisions

School districts, charter schools and community colleges are authorized to obtain criminal history records of many of its employees. Analyze the laws pertaining to the use of and access to criminal history information, as well as recent EEOC guidance regarding the use of this information, and gain practical advice concerning criminal history policies and practices.

Merri Schneider-Vogel, Thompson & Horton LLP - Houston, TX
9:30 am

0.75 hr

Americans with Disabilities Act and the Family Medical Leave Act

A guide to providing employees with the “equal benefits and privileges of employment” and other useful tips for complying with ADA and FMLA.

Paige Williams, Texas Classroom Teachers Association - Austin, TX
Catosha L. Woods, Houston Independent School District - Houston, TX
10:15 am

Break
10:30 am

0.50 hr

Security and Law Enforcement in Schools in a Post-Sandy Hook World

Discussion of the various security measures and options to consider for school safety and security, with a close consideration of security personnel, law enforcement, student searches, constitutional issues and immunity of school officials.

Joseph L. Parks, Plano ISD - Plano, TX
11:00 am

0.75 hr

Silencing Silent Speech: First Amendment Technology Issues Involving Students and Employees

In the wake of ubiquitous use of technology for communication, school districts increasingly face issues involving student and employee First Amendment concerns regarding "speech" in the form of tweets, posts, printed materials and even a retro-return of the most primitive form of communication—silence itself. Learn when and how discipline of students and employees for such speech is appropriate.

Wesley E. Johnson, Escamilla & Poneck, LLP - San Antonio, TX
11:45 am

Pick Up Lunch

Included in registration.
Friday Afternoon, Feb. 28, 2014
Presiding Officer:
Michael J. Currie, Texas Classroom Teachers Association - Austin, TX
12:05 pm

0.50 hr

Update from the Commissioner of Education

Michael L. Williams, Commissioner of Education, Texas Education Agency - Austin, TX
12:35 pm

Break
12:45 pm

0.75 hr

Legal Issues Regarding Transgender Students and Employees

Both the EEOC and OCR are breaking new ground on the legal rights of transgender students and employees under Title VII and Title IX respectively. An overview of the case law and legal issues related to "gender identity" and "gender-based" discrimination, as well as discussion of the practical challenges of implementing this evolving area of law.

Karla Anne Schultz, Walsh, Anderson, Gallegos, Green and Trevino, P.C. - Austin, TX
1:30 pm

0.75 hr

The Latest on Settlement Agreements

Two pros do point-counterpoint on the necessary provisions in settlement agreements by addressing the thornier issues in settlement agreements including withholding clauses, TRS implications and the new statute requiring public hearings for some lump sum payments.

Jefferson K. Brim III, Brim, Arnett, Robinett, & Conners, P.C. - Austin, TX
Shellie Hoffman Crow, Walsh, Anderson, Gallegos, Green and Trevino, P.C. - Austin, TX
2:15 pm

Break
2:25 pm

0.50 hr

Teacher Down! Now What?

The legal issues arising out of an employee’s on-the-job injury can be a pain in the neck for all parties. Review of recent cases and relevant statutes, such as FMLA, assault leave, and workers’ compensation that address how a school district and employee should proceed when an employee is injured at work.

Elizabeth Poole, Texas State Teachers Association - Austin, TX
2:55 pm

1.00 hr ethics

A View From the Inside: The Ethics of Being, Working With, or Opposed by In-House Counsel

Many school districts have hired in-house counsel in the last decade and they will tell you, in-house counsel wear many different hats. Oftentimes, your in-house counsel is the most knowledgeable employee about any given situation, but that raises many questions. Can they be a witness for the school district? If you are outside counsel for a school administrator or school district, should you be cautious about using the in-house attorney as an investigator, for fear they can't be a witness, without violating the attorney-client privilege? If you are an employee's attorney, can you call the in-house counsel as a witness—and when? A look at the ethical rules governing the role of in-house counsel, including Rule 3.08 ("the Lawyer as Witness") from all perspectives—inside, outside and across the aisle.

Christopher B. Gilbert, Thompson & Horton LLP - Houston, TX
Marney Collins Sims, Cypress-Fairbanks ISD - Houston, TX
3:55 pm

Adjourn

Day 1 February 27, 2014
Day 2 February 28, 2014

Download Schedule

Conference Faculty

Richard M. Abernathy

Abernathy, Roeder, Boyd & Joplin
McKinney, TX

Jefferson K. Brim III

Brim, Arnett, Robinett, & Conners, P.C.
Austin, TX

Shellie Hoffman Crow

Walsh, Anderson, Gallegos, Green and Trevino, P.C.
Austin, TX

Carrie Rhynehart Galatas

Conroe Independent School District
Conroe, TX

Christopher B. Gilbert

Thompson & Horton LLP
Houston, TX

Sandy D. Hellums-Gomez

Thompson & Horton LLP
Houston, TX

Wesley E. Johnson

Escamilla & Poneck, LLP
San Antonio, TX

Julie A. Leahy

Texas Classroom Teachers Association
Austin, TX

Laura Rodriguez McLean

Walsh, Anderson, Gallegos, Green and Trevino, P.C.
Irving, TX

Cathy Ogle Morris

Child Protection Court of South Texas
Boerne, TX

Susan G. Morrison

The Fowler Law Firm, P.C.
Austin, TX

Joseph L. Parks

Plano ISD
Plano, TX

Elizabeth Poole

Texas State Teachers Association
Austin, TX

Robert H. Roeder

Abernathy, Roeder, Boyd & Joplin, P.C.
McKinney, TX

Jeffrey L. Rogers

Rogers, Morris & Grover, L.L.P.
Houston, TX

Peter K. Rusek

Sheehy Lovelace & Mayfield
Waco, TX

Merri Schneider-Vogel

Thompson & Horton LLP
Houston, TX

Karla Anne Schultz

Walsh, Anderson, Gallegos, Green and Trevino, P.C.
Austin, TX

Carol A. Simpson

Eichelbaum Wardell Hansen Powell & Mehl, P.C.
Plano, TX

Marney Collins Sims

Cypress-Fairbanks ISD
Houston, TX

Ellen H. Spalding

Rogers, Morris & Grover, L.L.P.
Houston, TX

Mark P. Tilley

Texas Association of School Boards
Austin, TX

Richard Wilkinson

Frisco ISD
Frisco, TX

Michael L. Williams

Commissioner of Education, Texas Education Agency
Austin, TX

Paige Williams

Texas Classroom Teachers Association
Austin, TX

Catosha L. Woods

Houston Independent School District
Houston, TX

Planning Committee

Michael J. Currie—Co-Chair

Texas Classroom Teachers Association
Austin, TX

S. Anthony Safi—Co-Chair

Mounce, Green, Myers, Safi, Paxson & Galatzan, P.C.
El Paso, TX

David A. Anderson

Texas Education Agency
Austin, TX

Joy S. Baskin

Texas Association of School Boards
Austin, TX

Jefferson K. Brim III

Brim, Arnett, Robinett, & Conners, P.C.
Austin, TX

Von Byer

Texas Education Agency
Austin, TX

Shellie Hoffman Crow

Walsh, Anderson, Gallegos, Green and Trevino, P.C.
Austin, TX

Juan J. Cruz

J. Cruz & Associates, LLC
Laredo, TX

Donna Derryberry

Association of Texas Professional Educators
Austin, TX

Christopher B. Gilbert

Thompson & Horton LLP
Houston, TX

Mark Christopher Goulet

Walsh, Anderson, Gallegos, Green and Trevino, P.C.
Austin, TX

Allan Stewart Graves

Adams Lynch & Loftin
Grapevine, TX

Dorcas A. Green

Walsh, Anderson, Gallegos, Green and Trevino, P.C.
Austin, TX

Andrea Slater Gulley

Underwood Law Firm
Amarillo, TX

Wayne D. Haglund

Attorney at Law
Lufkin, TX

Roger D. Hepworth

The Fowler Law Firm
Austin, TX

Elneita Hutchins-Taylor

Houston Independent School District
Houston, TX

Wesley E. Johnson

Escamilla & Poneck, LLP
San Antonio, TX

Julie A. Leahy

Texas Classroom Teachers Association
Austin, TX

Miles J. LeBlanc

Houston Independent School District
Houston, TX

Hollis L. Levy

The University of Texas School of Law
Austin, TX

Ricardo R. Lopez

Schulman, Lopez & Hoffer, LLP
San Antonio, TX

Kevin F. Lungwitz

The Lungwitz Law Firm, P.C.
Austin, TX

Marquette Maria Maresh

Walsh, Anderson, Gallegos, Green and Trevino, P.C.
Austin, TX

Mia M. Martin

Richardson Independent School District
Richardson, TX

Leticia D. McGowan

Dallas Independent School District
Dallas, TX

Mari M. McGowan

Abernathy, Roeder, Boyd & Joplin, P.C.
McKinney, TX

Cheryl T. Mehl

Eichelbaum Wardell Hansen Powell & Mehl, P.C.
Austin, TX

Joey W. Moore

Texas State Teachers Association
Austin, TX

Robert A. Schulman

Schulman, Lopez & Hoffer, LLP
San Antonio, TX

Lynn Rossi Scott

Brackett & Ellis
Fort Worth, TX

Marney Collins Sims

Cypress-Fairbanks ISD
Houston, TX

Ellen H. Spalding

Rogers, Morris & Grover, L.L.P.
Houston, TX

Fred A. Stormer III

Underwood Law Firm
Amarillo, TX

Mark P. Tilley

Texas Association of School Boards
Austin, TX

Credit Info

Austin

MCLE Credit

Texas – 13.00 hrs | 1.75 hrs Ethics
Legal Specialization(s): Administrative Law, Civil Trial Law, Labor and Employment Law

You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number provided on your certificate of attendance.

California – 13.00 hrs | 1.75 hrs Ethics

You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov. UT Law CLE will maintain Attendance Records for four years.

Oklahoma – 15.50 hrs | 2.00 hrs Ethics

You must claim and certify your credit online in Your Briefcase, then you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.

Other Credit

TX Accounting CPE – 15.50 hrs

The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.

Contact us at accreditation@utcle.org if you have additional questions.

TX School Board Member (TEA) – 13.00 hrs

UT Law CLE is a Registered Provider of TEA Board Member training under provider number 2022-3-2-RP-6149. You may use your hours from the School Law Conference to self-report your credit for TEA Board Member training. More information is located at the TEA website and the training site here:

https://tea.texas.gov/texas-schools/school-boards/school-board-member-training

http://www.tea.state.tx.us

Key Dates

Austin – Feb 27-28, 2014 – AT&T Conference Center

Conference Concluded

Buy

Austin

Individual
Last day for $495.00 Regular pricing: Feb 19, 2014

$545.00 for registrations received after this time

School District Employee
Last day for $395.00 Regular pricing: Feb 19, 2014

$445.00 for registrations received after this time

Group 10% (5-9) (5 registrants minimum)
Last day for $445.00 Regular pricing: Feb 19, 2014

$495.00 for registrations received after this time

Group 20% (10+) (10 registrants minimum)
Last day for $400.00 Regular pricing: Feb 19, 2014

$450.00 for registrations received after this time

Last day for cancellation (full refund): Feb 21, 2014

$50 processing fee applied after this date

Last day for cancellation: Feb 24, 2014

Venue

AT&T Conference Center

The University of Texas at Austin
1900 University Avenue
Austin, TX
877.744.8822 (reservations)
Map

Accommodations

The AT&T Conference Center is sold out. DoubleTree Suites by Hilton Hotel is offering rooms for $189 good through Feb. 5, 2014 (subject to availability). Reservations can be made by calling 800-222-8733 and mentioning the Group Code SLC.

You can also visit www.austinsuites.doubletree.com to book your room. After selecting your dates, enter the Group Code SLC under the ‘Add Special Rate Codes’ link.

Parking Information

AT&T Conference Center Parking Information: Free daily self-parking at UT garages. Separate fees apply for valet and overnight parking.

DoubleTree Hotel Parking Information: Overnight self-parking is available at $15.00 per night and valet parking is $25.00.

29th Annual

School Law Conference

Austin Feb 27-28, 2014 AT&T Conference Center Conference Concluded

Buy

Related products: Materials

Overview

Event Schedule

Thursday Morning, Feb. 27, 2014

Thursday Afternoon, Feb. 27, 2014

Friday Morning, Feb. 28, 2014

Friday Afternoon, Feb. 28, 2014

Conference Faculty

Richard M. Abernathy

Jefferson K. Brim III

Shellie Hoffman Crow

Carrie Rhynehart Galatas

Christopher B. Gilbert

Sandy D. Hellums-Gomez

Wesley E. Johnson

Julie A. Leahy

Laura Rodriguez McLean

Cathy Ogle Morris

Susan G. Morrison

Joseph L. Parks

Elizabeth Poole

Robert H. Roeder

Jeffrey L. Rogers

Peter K. Rusek

Merri Schneider-Vogel

Karla Anne Schultz

Carol A. Simpson

Marney Collins Sims

Ellen H. Spalding

Mark P. Tilley

Richard Wilkinson

Michael L. Williams

Paige Williams

Catosha L. Woods

Planning Committee

Michael J. Currie—Co-Chair

S. Anthony Safi—Co-Chair

David A. Anderson

Joy S. Baskin

Jefferson K. Brim III

Von Byer

Shellie Hoffman Crow

Juan J. Cruz

Donna Derryberry

Christopher B. Gilbert

Mark Christopher Goulet

Allan Stewart Graves

Dorcas A. Green

Andrea Slater Gulley

Wayne D. Haglund

Roger D. Hepworth

Elneita Hutchins-Taylor

Wesley E. Johnson

Julie A. Leahy

Miles J. LeBlanc

Hollis L. Levy

Ricardo R. Lopez

Kevin F. Lungwitz

Marquette Maria Maresh

Mia M. Martin

Leticia D. McGowan

Mari M. McGowan

Cheryl T. Mehl

Joey W. Moore

Robert A. Schulman

Lynn Rossi Scott

Marney Collins Sims

Ellen H. Spalding

Fred A. Stormer III

Mark P. Tilley

Credit Info

MCLE Credit

Other Credit

Key Dates

Venue

AT&T Conference Center

29^th Annual

Austin Feb 27-28, 2014 AT&T Conference Center
Conference Concluded