LK Education Bulletin

I recently reconnected with a high school classmate on Facebook. She is now an assistant principal at a school system in Kentucky. While I was browsing through her comments, which are available for all of her friends to read, I saw a post dealing with an IEP. This immediately caught my attention and I read it. The substance of the post was that she was exasperated by an IEP meeting that happened before school started and that anyone familiar with the school she named would know the child and the parents she was talking about. She is walking a fine line dealing with this student's educational information. Especially if it everyone can easily identify the child and the parents. Regardless of the student confidentiality issues, this could be a big problem if the parents learned that she was exasperated with the process and had a problem with these parents. Can you imagine being in a Special Education Due Process proceeding and the ramifications of this post. The morale of the story is do not under any circumstances make this type of post to facebook, myspace etc. This lapse in judgment can be catastrophic to a system and to the child at issue.

As an aside, I am going to be posting weekly to this site with things that I hope will be interesting to those involved in education across the state. Please come back regularly to read my thoughts.

Sam Jackson

The State of Tennessee’s Office of the Attorney General has addressed an important new issue arising from the legislature’s recent expansion of gun carry rights in Tennessee. On July 24, 2009, that office issued a formal Attorney General’s Opinion (No. 09-129) stating that if holders of otherwise valid handgun carry permits bring their firearms into public parks when those facilities are being used for school activities, the gun owner will be in violation of Tennessee law.

Tennessee Code Annotated Sections 39-17-1309(b) and (c) prohibit the possession of firearms in any public or private school building, bus, grounds, campus or athletic field or recreational facility that is owned, used or operated by any school board, school or college. That statutory language conflicts with the newly enacted provisions of Public Chapter 428 of the 2009 Public Laws of Tennessee, amended Tennessee Code Annotated Section 39-17-1311, which allows the holders of valid handgun carry permits to carry their firearms in public parks, playgrounds, civic centers and other recreational facilities that are publically owned by the state, counties or cities.

Stating, first, that Tenn. Code Ann. § 39-17-1309 is “unambiguous.”  The Attorney General then notes that, “By its plain terms, it [Tenn. Code Ann § 39-17-1309] prohibits the possession of firearms on athletic fields and recreational facilities, including those that are located in public parks, if such fields or facilities are actually being used by a school.” The Opinion then notes that there is nothing in the language of the newly enacted Public Chapter 428 of the 2009 Public Laws of Tennessee (amended Tennessee Code Annotated Section 39-17-1311) indicating that the legislature, in any manner, intended to modify the unambiguous gun possession limitations that are set forth in Tenn. Code Ann. § 39-17-1309.

In conclusion, the Attorney General states, “reading Tenn. Code Ann. §39-17-1309 together with Chapter 428 indicates that the legislature intended to allow handgun carry permit holders to carry their firearms into public parks except onto athletic fields and into other recreation areas at times when they are actually being used by schools.”

Recent articles in both USA today and the Knoxville News-Sentinel sound the alert on an emerging use of cell phones to capture and distribute nude or semi-nude photos.  While some participants consider this fun, the issue alarms parents, teachers and law enforcement who warn the images are appearing on the internet and worry about the long-term impact on the teens future.  The March 15th News-Sentinel article notes that in Knox County police are dealing with two "sexting" cases a week.  In some states juveniles involved in sharing these racy pictures are being charged with child pornography.  Lawmakers are debating penalties.  The Utah legislature recently reduced penalties for "sexting" from a felony to a misdemeanor.  All involved are sounding the alarm regarding the need to get the information out on the danger and legal ramifications of "sexting".

USA Today: More Teens Caught Up in "Sexting" by Wendy Koch, Mach 12, 2009

Knoxville News-Sentinel: Teens Play Show and Cell, March 15, 2009

School Board members concerned with the potential implications of the new School Support Organization Act (SSO Act) requested that the Tennessee Attorney General issue an opinion on whether the SSO Act creates any liability for the School Board or its members (professionally or personally), should a SSO experience a misappropriation of funds.

The Attorney General stated that as a general proposition, the SSO Act does not create liability on the part of school boards or their members when SSO funds are misappropriated. Further, a Tennessee statute specifically provides that the local board of education, director of schools, local school principal or any other school official shall not incur liability for the failure of a SSO to safeguard SSO funds.

The intent of the SSO Act was not to create liability on the part of the school board or a school board member. Rather, the intent of the Act was to place certain fiscal requirements upon the individual SSOs. The overall goal of the Act was to address concerns that parents and other persons who support these organizations have in ensuring that the money raised is safeguarded and used for its intended purposes.

The Act does place certain affirmative duties on school boards to adopt policies concerning cooperative agreements, SSOs, and other regulations. If these policies are followed, School Boards and their members should be insulated from any professional or personal liability.

Agenda

SPORTS LAW CONFERENCE

December 4, 2008

8:15 AM – 3:45 PM