ASBA 46th Annual Law Conference

8:30 am - 9:00 am

Registration and Continental Breakfast (provided)

9:00 am - 9:10 am

Supporting Students with Disabilities: Legal Issues and Practical Approaches

Tracey Benson, Associate Executive Director, ASBA, and James Bryce, President-Elect of the ASBA Board of Directors

Welcome and Pre-Conference Overview

9:10 am - 10:00 am

Special Education 101: What Every District Leaders Needs to Know about Supporting Students with Disabilities

Lori Bird, Udall Shumway, and Melissa McCusker, Director of Special Education, Deer Valley USD

In this session, we will provide an overview of the disabilities that are covered by special education and how students qualify for services. We will also review the provisions of the Individuals with Disabilities Education Act (IDEA). Participants will learn what districts must do to comply with the law and why it's important for school leaders who care about student achievement.

10:00 am - 10:10 am

A Teacher's Perspective: These Are OUR Students

Estevan Carreon, Special Education Teacher, Independence High School (Glendale UHSD), and a 2021 Arizona Educational Foundation Ambassador of Excellence

A teacher's insights on creating an environment where every student thrives.

10:10 am - 11:00 am

Special Education Funding and the New ADE Cost Study

Chris Kotterman, ASBA Director of Governmental Relations, and Aaron Wonders, Deputy Associate Superintendent for Policy and Governmental Relations, Arizona Department of Education

School funding in Arizona is amongst the lowest in the country. This includes funding for special education, which, despite recent investment, has seen minimal increase over the years. In this session we will look at the current state of special education funding and the results of a new ADE cost study of special education which outlines the real cost of providing special education

11:10 am - 12:00 pm

Special Education and Legal Liabilities in the Face of Funding and Teaching Shortages

Lisa Anne Smith and Sesaly Stamps, DeConcini McDonald Yetwin & Lacy

Many districts are dealing with insufficient special education funding as well as staffing shortages including special education teachers, licensed specialists, aides and other service providers responsible for meeting student needs. In this session we will discuss the legal remedies available to parents of special education students who are not provided the services to which they are entitled under the law and the “hidden” costs of failing to provide those services with or without adequate funding.

12:00 pm - 1:00 pm

Lunch (provided)

1:00 pm - 2:00 pm

"What Does Inclusion Look Like for Students with Disabilities?" with featured speaker Rebecca Cokley

Rebecca Cokley, Disability Rights Advocate, Ford Foundation

Learn from keynote speaker Rebecca Cokley, an American disability rights activist and public speaker who is currently the first U.S. Disability Rights Program Officer for the Ford Foundation. Prior to joining Ford, Cokley was the founding director of the Disability Justice Initiative at the Center for American Progress. Her activism and work within the disability community are largely shaped by her experience as a person with dwarfism.

2:00 pm - 2:45 pm

The Ins and Outs of Discipline and Behavior Interventions for Students with Disabilities

David Garner, Osborn Maledon

Explore the rights of students with disabilities when it comes to discipline and learn how schools can support them - and other students - while following the law.

3:00 pm - 4:00 pm

Successful Practices for Building Inclusive Environments

Heather Pierson, Udall Shumway, and Angela Root, IDEA Procedural Specialist, Chandler USD

Learn from an attorney and inclusion consultant who have worked together to assist districts that have faced challenges in creating more inclusive environments.

4:00 pm - 5:30 pm

Optional: Friends of ASBA Social Reception

This is an optional event sponsored by the Friends of ASBA. All pre-conference and main conference attendees are invited to attend.

8:30 am - 9:00 am

Registration and Continental Breakfast (provided)

9:00 am - 9:10 am

Welcome and Pre-Conference Overview

Dr. Sheila Harrison-Williams, ASBA Executive Director, and Monica Trejo, President, ASBA Board of Directors

9:10 am - 9:40 am

Parents Bill of Rights: History, Context and Arizona Law

Chris Kotterman, ASBA Director of Governmental Relations

We'll explore the history of the parents' rights movement, consider today's social dynamic, and find out what Arizona's Parents Bill of Rights says.

9:40 am - 10:40 am

What “Parental Rights” Laws Mean to Your District: Legal Liabilities Arising from HB2161

Nick Buzan, ASBA Director of Legal and Policy Services, and Denise Lowell-Britt, Udall Shumway

New “parental rights” legislation was enacted in April 2022 and will be effective beginning with the 2022-2023 school year. What does this legislation mean for your school district? How are you to comply? What policies and practices will need to be updated? What are the liability risks associated with the laws? How can your staff reduce those risks? These are some of the questions that will addressed during this session.

10:50 am - 11:20 am

Public Participation in Board Meetings: The Law, Best Practices and How They Can Work Together to Meet the Board AND the Community's Needs

Nikkie Whaley, ASBA Board Support and Equity Services Manager, and Kristin Mackin, Sims Mackin

Strategies on how to structure public participation at board meetings to provide a fair, effective and legal process for stakeholder voices to be heard.

11:20 am - 12:00 pm

Site Councils and Committees: Gaining Input through These Formal District Structures

Jennifer MacLennan, Gust Rosenfeld

The governing board and district have several formal structures at their disposal for gaining input from families and the community. Learn about the legal requirements for site councils and board/district committees, and best practices for maximizing their value in decision-making.

12:00 pm - 1:00 pm

Lunch (provided)

1:00 pm - 2:00 pm

I Tell You What I Want, What I Really, Really Want: Public Access to Records and Materials

Heidi Vega, ASBA Director of Communications, and Anthony Contente-Cuomo, Sims Mackin

Access to records and materials has become a spicy topic. Learn about the rights of parents and the community when it comes to district and student records and materials and get tips for managing them while staying within the law.

2:15 pm - 3:15 pm

The More You Know: Student and Family Surveys

Kathy DeBoer, Senior Vice President and Chief Research Officer, WestGroup Research, and Jordan Ellel, tri-district counsel, Tempe ESD/Tempe UHSD/Kyrene ESD

What is the law when it comes to surveying students and how can districts make best use of surveys to improve feedback from students, family and the community? Find out in this session.

3:15 pm - 4:00 pm

Spotlight: Effective Strategies for Increasing Stakeholder Voice

Brandon Kavanagh, Mangum Wall Stoops & Warden, and Quincy Natay, Superintendent, Chinle USD

Learn from Arizona school leaders on how they have utilized the opportunities available to them to ensure that students, families and members of the community feel seen and heard in decision-making.

4:00 pm - 5:30 pm

Optional: Friends of ASBA Social Reception

This is an optional event sponsored by the Friends of ASBA. All pre-conference and main conference attendees are invited to attend.

8:00 am - 9:00 am

Registration and Continental Breakfast

8:10 am - 8:40 am

Breakfast with Friends of ASBA (Optional)

Chris Kotterman, ASBA Director of Governmental Relations

Get your breakfast and come hear from the Friends of ASBA and strategic partners about what is going to be on the 2022 general election ballot.

9:00 am - 9:10 am

Welcome and Conference Overview

Dr. Sheila Harrison-Williams, ASBA Executive Director, and Monica Trejo, President of the ASBA Board of Directors

9:10 pm - 9:25 pm

Capital Litigation Update

Danny Adelman, Center for Law in the Public Interest

9:25 am - 10:25 am

"A Promise to Keep: Supporting Students in Need" with featured speaker Judge Glenda Hatchett

Judge Glenda Hatchett

Judge Glenda Hatchett was a presiding judge and department head of one of the largest juvenile court systems in the country. Today she is most widely known for her television court series, "Judge Hatchett" (2000-2008) and most currently "The Verdict." Nationally recognized as an authority on juvenile and social justice issues and an outspoken advocate for children everywhere, Judge Hatchett speaks passionately on how we can empower this and future generations.

10:25 am - 10:35 am

Break

Judge Hatchett will be available during the break to meet attendees.

10:35 am - 11:45 am

"The Bad Kids" Documentary: Screening, Part I

Is there such a thing as "bad kids"? We'll tune in to this Sundance Award-winning documentary, set at a remote Mohave Desert high school, to explore that question and the impact that love, empathy and life skills have in giving "at-risk" students command of their own futures. This coming-of-age story watches education combat the crippling effects of poverty on the lives of these so-called "bad kids." Part one of this film will be watched in general session. Part Two will be shown Friday afternoon as a breakout session for those who choose to attend.

11:45 am - 1:00 pm

Lunch (provided)

1:00 pm - 1:50 pm

Breakout Sessions: (Choose from four)

• Everything You Ever Wanted to Know About Criminal Law and Schools but Were Afraid to Ask. Learn how schools and school employees are impacted by criminal investigations involving students, teachers, or parents. Speakers - Brandon Kavanagh, Mangum, Wall, Stoops and Warden; Jeffrey Dollins, Mangum, Wall, Stoops and Warden; Nick Buzan, ASBA Director of Legal and Policy Services
• Legal Free Speech and Advocacy: Say It Ain't So?! What issues do board members and superintendents need to be aware of as they advocate for their students and staff? Hear from an attorney and advocacy expert about what you can't do… and what you can. Speakers - Ernest Calderon, Calderon Law Offices; Devin Del Palacio, ASBA Advocacy and Strategic Initiatives Consultant
• Open Meeting and Public Records Law: A One-Stop Shop. This session combines OML and public records laws into one presentation where you will learn the latest updates on these issues related to Arizona's Sunshine law. Speaker - Anthony Contente-Cuomo, Sims Mackin
• Title IX - An Introduction. This presentation is an introduction to Title IX, a set of rules including steps districts must follow when they receive notice of "sexual harassment," mandatory training requirements and additional helpful topics. (Note: Due to time limits, this is a general overview and will not serve as the mandatory training that each Title IX Team Member must make.) Speakers - Aaron Brown and Kelsey Karam, Cantelme & Brown

2:00 pm - 2:50 pm

Breakout Sessions: (Choose from four)

• Hey, Coach! Put Me In! Staying inbounds with stipends and addenda: Additional assignments, extra duty stipends, non-exempt employees, and overtime rules. Speakers - Joseph Williams and C. Benson Hufford, Hufford, Horstman, Mongini, Parnell & Tucker
• Threat Assessments: When Students Threaten Harm to Themselves or Others. What is a threat assessment and what is a district's responsibility in administering them? Speakers - Rodney States, Udall Shumway; Dennis Albaugh, Lead Psychologist, Higley USD
• Revisiting Religion in Schools 2022: The Supreme Court Weighs In. Earlier this summer, the Supreme Court ruled that a high school football coach’s post-game prayers on the football field were protected by the First Amendment. The Court’s decision in Kennedy v. Bremerton not only provides updated guidance on the school’s role in policing neutrality on church-state issues, but also formally abandons a legal precedent that has underpinned the analysis of establishment clause analysis for over 50 years. In this presentation, you'll learn about the implications of this new decision for local school districts. Speaker - David Garner, Osborn Maledon
• When Board Relations Go Sideways: What You Can and Can't Do. The Supreme Court recently ruled that censure of Board members does not violate the first amendment. What does Arizona law say about censure of Board members? Is censure permissible? How should boards manage disruptive behavior between board members? Speakers - John Richardson, Deconcini McDonald Yetwin & Lacy; and Julie Bacon, ASBA Leadership Development Manager

2:50 pm - 3:10 pm

Break

3:10 pm - 4:00 pm

Breakout Sessions: (Choose from four)

• K-4 Disciplinary Requirements: What's New and What Can You Do? During this session you will learn about new student disciplinary requirements and preview a guide to the implementation to discipline going forward. Speaker - Anthony Contente-Cuomo, Sims Mackin
• Crisis Communications: Lessons from a Pandemic of Crises. The echo chamber of social media. A tense, politically charged national landscape. The Covid-19 pandemic. And the pervasive and frequently explosive influence of social media. The past several years have brought unprecedented challenges for school board members, administrative leadership and education attorneys. Learn how to help protect your school's reputation in one of the most challenging communications atmospheres imaginable. Speaker - Thom Fladung, Managing Partner, Hennes Communications
• The Equal Access Act and Student Clubs. Learn the legal and practical aspects of student clubs and equal access including examples from a district administrator. Speaker - Dustin Cammack, Udall Shumway
• What Is a Grievance Policy and How Can It Keep You Out of Trouble? (A perspective from practicing on tribal lands) The board should be the last stop in a grievance. How can you leverage your policy to address issues at the appropriate level and seek solutions before they become problematic. Speakers - Nathan Schott and Claire DeChambre, Hufford Horstman Mongini Parnell & Tucker

4:00 pm - 6:00 pm

Social Reception

Hosted by Arizona's leading firms specializing in school law.

8:00 am - 8:50 am

Special Meeting: Hispanic-Native American Indian Caucus

Caucus members will discuss several issues related to the future of this body, including the possibilities of renaming and separating into two district groups.

8:00 am - 9:00 am

Continental Breakfast

9:00 am - 9:10 am

Welcome and ASBA McDonald-Pickett Award Presentation

Dr. Sheila Harrison-Williams, ASBA Executive Director; Nick Buzan, ASBA Director of Legal and Policy Services

Plus the introduction of the ASBA Rising Star Award.

9:10 am - 9:50 am

Legal and Legislative Update

Nick Buzan, ASBA Director of Legal and Policy Services, and Chris Kotterman, ASBA Director of Governmental Relations

9:50 am - 10:50 am

"10 U.S. Supreme Court Cases Every Education Leader Should Know" with featured speaker Robert Kim

Robert Kim, Education Law and Civil Rights Writer and Consultant

Robert (Bob) Kim is a leading expert in education law and policy in the United States. A former civil rights attorney and author/co-author of numerous books on education law, Mr. Kim will take us on a journey through 10 U.S. Supreme Court opinions involving public school. Why these 10? Because they delve into some of the most important topics and situations educators and education leaders face every day.

10:50 am - 11:00 am

Break

11:00 am - 11:45 am

"The Bad Kids": An Inside Look

Directors Keith Fulton and Lou Pepe and Principal Vonda Viland

Directors Keith Fulton and Lou Pepe, along with Vonda Viland, the principal featured in the film, will join us to discuss and answer your questions about their Sundance Award-winning documentary "The Bad Kids" and how one school tackled head-on one of America's most serious education problems: generational poverty.

11:45 am - 1:00 pm

Lunch (provided)

1:00 pm - 1:50 pm

Breakout Sessions: (Choose from four)

• Curriculum Review, Textbook Adoption and "Book Banning". The policy and practices around curriculum review and textbook adoption will be covered. We'll also look at the concept of restricting learning materials that can be utilized in our schools. Speakers - Jessica Sanchez, Udall Shumway and SBA President; Heidi Vega, ASBA Director of Communications
• Social Media and Tinker. Social Media and Tinker: How This 1960s Case Impacts Today's Response to Student On-Line Speech . How does this decades-old case impact today's social media climate? Speakers - Sesaly Stamps and Lisa Anne Smith, DeConcini McDonald Yetwin & Lacy
• Addressing the Arizona Teacher Shortage through the Exchange Visitor Visa Program. The J-1 Exchange Visitor Visa Program is a cultural exchange, which gives foreign teachers the opportunity to teach in accredited primary and secondary schools in the United States. With an increased demand for teachers, Arizona districts have increasingly hired more teachers in J-1 status. From taxation to working with J-1 sponsors to the federal regulations, there are many unique aspects of employing teachers in J-1 status that districts need to be aware of. This session will cover the things to know from pre-hire to the end of the J-1 program and everything in between. Speaker - Phil Ortega, Udall Shumway
• Complying with Court Orders While Supporting Student Success. Learn how school districts can manage requirements ordered by the court while supporting students growth and success. Speaker - Lori Bird, Udall Shumway

2:00 pm - 2:50 pm

Breakout Sessions: (Choose from four)

• The Parent Trap: Avoiding Legal Pitfalls in Domestic Relations and Custody Matters Participants will learn how schools and school employees are impacted by domestic relations and child custody matters. General counsel from two of Arizona's largest school districts will discuss how to interpret divorce decrees, parenting plans and orders of protection and provide practical tips for handling these emotional and sometimes volatile situations. Speakers - Eileen Fernadez, General Counsel, Phoenix Union HSD. and Kacey King, General Counsel, Mesa USD
• Accountability and Transparency: The Superintendent's Contract and Evaluation. How is your community informed about your superintendent's contract and evaluation? Learn the legal requirements and best practices for transparency. Speakers - Deanna R. Rader, Rader Mayrose; Julie Bacon, ASBA Leadership Development Manager
• Title IX: What it is and What it Isn't. Learn the new requirements for students and staff as well as the basics of the Federal law. Speaker - Michelle Tong, Associate to the Superintendent and General Counsel, Amphitheater USD
• Mandatory Reporting: What's Required and the Demands on School Staff. We'll examine the school district's responsibility for child protection and the internal supports for students and families experiencing trauma. Speaker - Rob Ross, General Counsel, Tucson USD

2:50 pm - 3:00 pm

Break

3:10 pm - 4:00 pm

Breakout Sessions (Choose from four):

• Election Season is Here: The Do's and Dont's Everything you need to know about influencing the outcome of an election and what that means for school districts and employees. Speakers - Carrie O'Brien and Susan Segal, Gust Rosenfeld
• An Overview of Complaint Procedures and Early Resolution Strategies for State Complaints, Due Process and OCR. This session will demonstrate early resolution techniques you can implement at all stages of disputes, and strategies for how to engage with the investigating agency or administrative law judge to simplify your position, propose your own corrective action and expedite a resolution. Speaker - Lawton Jackson, Udall Shumway
• "The Bad Kids" Documentary: Screening and Discussion. You've watched the beginning of the film and heard from its directors. Now watch the rest of this Sundance Award-winning documentary and ponder some final questions. Speaker - Nikkie Whaley, ASBA Board Support and Equity Services Manager
• ASBA Delegate Assembly: Everything You Need to Know. Get the scoop on the process for development of the draft political agenda - from solicitation of proposals from member districts to the Legislative Committee, and what happens at the Delegate Assembly to move the document from draft to the ASBA Political Agenda for the year ahead. Questions about the draft political agenda will be answered at this time as well. Speakers - Chris Kotterman, ASBA Director of Governmental Relations; John Sparks, ASBA Legislative Committee Chair (Sahuarita USD)