Copyright © 2020, Franczek P.C. All Rights Reserved. Disclaimer: Attorney Advertising. This presentation is a publication of Franczek P.C.

This presentation is intended for general informational purposes only and should not be construed as legal advice.

FRANCZEK WEBINAR

Coronavirus and School Closures:

Essential Legal Issues for SchoolsPanel: Shelli Anderson, Nicki Bazer, and Jennifer Smith

Moderated by Jackie Gharapour Wernz

SHELLI ANDERSON

NICKI

BAZER

JENNIFER

SMITH

MODERATOR:

JACKIE WERNZ

sla@franczek.com nbb@franczek.com jas@franczek.com jgw@franczek.com

Meet Your Hosts

Overview: Where Are We?

Miscellaneous

Miscellaneous

• ISBE Guidance/Governor’s Executive Orders

• Act of God Days = Non-Instructional

• E-Learning vs. Distance Learning

• Impact on Grades

Miscellaneous, cont’d

• Open Meetings Act

- Governor’s Executive Order suspended physical presence quorum requirements and reasons for board member virtual presence

- For controversial issues, caution

Vendor Contracts

• Options for payment to vendors

• Some requesting fees

• ISBE will reimburse for certain transportation expenses

• Need agreement (Franczek template available for clients)

General Employment Questions

• Employee work during Act of God days – many considerations

• What is “reasonable” work during closure?

• Payment for staff (hourly, stipends, substitutes)?

• Taking of employee temperatures ok, but caution

Evaluation/RIF/Non-Renewal

• Evaluation deadlines in place

- Formal observations/summative evaluations

- Consider virtual, remember defaults

• Notice of non-renewal to isolated teacher

Bargaining Issues

• Expiration of contract this school year

• Emergency days in CBA

• Response to employees who refuse to do “reasonable” work during closure

Leave Issues

• Benefits during Act of God Days

• Already occurring or planned leaves – how to handle?

Special Education

Special Education Issues

• How does the mandated closure impact:- Provision of FAPE

- Provision of related services

- Timelines

- Evaluations

Special Education Issues

• How do we do this outside of school?

• What if timelines can’t be met?

Questions?