Questions related to employee leave for reasons of personal illness or injury are some of the more confusing legal issues that school districts regularly face. Set forth below is a summary of the legal principles governing such employee leave to assist school officials in navigating through ...
WHITE & STORY, LLC - LEGAL ALERTS
A Refresher on Student Discipline for the New Year
It is hard to believe that half of the 2018-19 school year has already passed! As students begin the second semester, we thought a refresher for school administrators and board members on the state and federal laws governing student discipline would be helpful. District Student Discipline Polici...
The First Steps in School Construction Procurement: A Primer
Capital construction projects are both challenging and exciting for school districts. The process is long and arduous—often years pass before the first brick is ever laid. Financing options, bond referendums, community input meetings, architect drawings, more community input meetings—these are al...
Teacher Resignations and Terminations: What is a District’s Duty to Report?
Whenever a certified employee is terminated or resigns in the face of misconduct allegations, districts should understand their responsibilities to report the employee's separation to the South Carolina Board of Education (“BOE”). Also, where a teacher breaches his/her contract by resigning in th...
Dress Code Woes: Drafting a Legally Defensible School Dress Code
School dress codes can create an awkward intersection of First Amendment rights, student discipline, unhappy parents, and – sometimes – lawsuits. Broadly drafted certain areas of the dress code and parting with traditional dress code language protects students' rights while simultaneously achievi...
Rehiring Retired Employees…Now Say That Three Times Fast!
This month, our firm has fielded a number of questions related to the process for rehiring retired, certified employees with regard to the salary cap and potential private contracting agreements. The Salary Cap and Rehiring of Retired Teachers S.C. Code Ann. § 9-1-1790 In 2012, the General Assemb...
Planning for Protests: Balancing Protected Student Speech with the Duty to Maintain a Safe and Secure School
In the wake of the recent Parkland, Florida school shooting, students across the country are organizing, protesting, and advocating for stricter gun laws and increased school security at the local, state, and federal levels, with at least three national school day walkouts set to take place in th...
“Don’t Let It Trip You Up”: Students with Disabilities and Field Trips
Concerns of safety and behavioral issues are valid when it comes to taking students with disabilities on school sponsored field trips. However, these concerns do not allow districts to exclude students with disabilities from participating in a school sponsored field trip. Refusing to allow a stud...
Legal Alert: SC Pregnancy Accommodations Act
The South Carolina Pregnancy Accommodations Act (SCPAA) was signed into law on May 17, 2018. With the signing of the SCPAA, South Carolina joins twenty-two (22) other states providing protection to pregnant employees in addition to those provided under federal law. Employers are required to consp...
She Gets a Contract, He Gets a Contract, Everybody Gets a Contract! – A Certified Employee Primer Just In Time For Contract Renewal Season
Contract renewal season is right around the corner. Under state law, all certified employees must be notified before May 1st of whether the district will issue them a contract of employment for the subsequent school year. This article provides a list of best practices for your District when makin...
All I Want for Christmas is…a Refresher on Classified Employees
Unlike certified employees, specific procedures for the employment and dismissal of classified/noncertified employees are not detailed under South Carolina law. As a result, school districts across the State have varying policies and practices in place. As we wrap-up the end of the calendar year...
Legal Alert: Balancing Students' and Employees' First Amendment Protections in Light of Controversial Protests Against the American Flag and the Pledge of Allegiance
In 1917, President Woodrow Wilson wrote about the American flag" ... which we honor and under which we serve, is the emblem of our unity, our power, our thought and purpose as a nation." Alongside the flag, the "Pledge of Allegiance" has been heard echoing in school hallways for many decades afte...
Total Eclipse from the Start: A Training Guide for Administrators
It is that time again - early mornings, extra caffeine, and after school meetings, oh joy! This issue of the month will outline some hot topic areas in which administrators may want to have a "total eclipse" from the start with their teachers and staff to ensure a smooth transition into the new s...
Listed in Columbia Business Monthly
We Are Proudly Listed in Columbia Business Monthly (August 2017 Edition) Click Here to See the Digital Edition of the magazine
"School's Out" -Not So Fast, Mr. Cooper! Extended School Year and Compensatory Services During the Summer
June 2017 In 1972, much to every student's desire, Alice Cooper released a popular hair metal hit called "School's Out." Even today, it remains a classic in films, at summer kick-off events, and among students with the following lyrics: "school's out for summer, school's out forever." Unfortunat...
“Oh, the Places You’ll Go!” – Avoiding Liability Issues Related to High School Graduation and Commencement Exercises
May 2017 With the pomp and circumstance that accompanies high school graduation, districts are in the spotlight to showcase the graduates and their accomplishments. As such, districts are vulnerable to legal pitfalls and challenges when executing the graduation ceremony. When developing graduatio...
A Brand New Tune or Just Fine Tuning? The Recent Endrew F. Decision and What it Means for Special Educators
April 2017 As you may be aware, the Supreme Court of the United States recently issued its decision in Endrew F. v. Douglas County School District, in which it ruled that the IDEA demands a standard more stringent than “merely more than de minimis,” as applied by the Tenth Circuit, when determini...