ASBA 47th Annual Law Conference

8:30 am - 9:00 am

Registration and Continental Breakfast (Provided)

9:00 am - 9:10 am

Welcome and Pre-Conference Overview

Dr. Charlotte Patterson, ASBA Policy Analyst; Tadeo De La Hoya, Treasurer of the ASBA Board of Directors.

9:10 am - 9:45 am

Transitioning from Candidate to Board Member

Michelle Tong, Deconcini McDonald Yetwin & Lacy; Chris Kotterman, ASBA Director of Government Relations

We'll look at the legal differences between being a candidate and an elected official. Who are your constituents? How are you to address them? We'll consider what to avoid vs. how to be an effective voice from your community, including how to advocate as school district governing board member at the Arizona State Legislature.

9:45 am - 10:30 am

Flashpoint: Accessing Information as a Board Member

Jessica Sanchez, Udall Shumway; Heidi Vega, ASBA Director of Communications

As a board member, how do you access information? What should you rely on? What protocols are there to ensure you get the information you need to make the decisions you need to make?

10:30 am - 10:40 am

Break

10:40 am - 11:10 am

The 50-50 Dual Language Immersion Model: An overview

Kathleen Brantingham, Udall Shumway

This presentation will discuss the recent ELL issues between ADE, SBE, and the AG.

11:10 am - 12:00 pm

Flashpoint: Distilling and Evaluating Sources

Dr. Ravi Shah, Tucson USD Governing Board Member; Rob Ross, General Counsel, Tucson USD

Board members need specialized skills to evaluate reports from a multitude of experts. This presentation will enable board members to evaluate experts with an eye toward excellence in governance, asking questions, and making informed decisions.

12:00 pm - 1:00 pm

Lunch (provided)

1:00 pm - 1:45 pm

Flashpoint: Open Meeting Law

Kristin Mackin, Sims Mackin

This session will dig into OML, public comment and responses/reactions from the board during and after public comment. Also, how does funneling public records requests through community members impact the district's public records process?

1:45 pm - 2:30 pm

Flashpoint: Curriculum Adoption

Carrie O'Brien, Gust Rosenfeld

Adopting curriculum is a hot button issue. Arizona statute and policy must be followed closely. Engaging counsel early may be helpful.

2:30 pm - 2:45 pm

Break

Those attending the main Law Conference may pick up their packets at this time.

2:45 pm - 3:15 pm

Panel Discussion: Successfully Navigating Controversial Issues

A panel of veteran board members

Hear advice from veteran board members about what to do - and not do.

3:15 pm - 4:00 pm

Managing Through Messy Business

Thom Fladung, Managing Partner, Hennes Communications

It’s been said that it takes a lifetime to build a reputation – and only seconds to destroy it. The same is true for a business, nonprofit, government agency or school district, no matter if there’s one or 1,000 employees. And in today’s world of “gotcha” journalism and mobile devices capable of sending pictures and HD video to Facebook, YouTube and CNN within seconds, your district can face a crisis - sometimes over the flash points addresses in this pre-conference - at any time. Learn pro tips and best practices from a crisis management expert.

4:00 pm - 5:30 pm

Friends of ASBA Reception (optional)

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

Devin Del Palacio, ASBA Executive Director; Desiree Fowler, President, ASBA Board of Directors

9:10 am - 10:10 am

Keynote Speaker: Digital Distress - Growing Up Online

Dr. Lisa Strohman, J.D. and Ph.D.

10:10 am - 10:20 am

Break

10:20 am - 10:40 am

The Board's Role in Student Success

Devin Del Palacio, ASBA Executive Director

What is success and what leverage points must and can the board use to impact it?

10:40 am - 11:30 am

Supporting Student and Employee Mental Wellbeing

Amy Castellanos, ASBA Board Support Specialist; Jeff Stratman, General Counsel, Cartwright School District

Supporting student mental health through early interventions is key to student success. This session will discuss how board members and educational leaders can support early intervention for mental health in students and staff. The presenters will also examine the legal implications of using AI technology and computer programming that monitors student activity to alert staff of students who may be experiencing a mental health concern.

11:30 am - 12:00 pm

The Social Experiment: Legal Implications of Social Media Usage by Students

Eileen D. Fernandez, General Counsel, Phoenix UHSD; Kacey King, General Counsel, Mesa USD

The focus will be student discipline and the First Amendment. We will discuss current law and jurisdictional issues that arise with social media related code of conduct violations.

12:00 pm - 1:00 pm

Lunch (provided)

1:00 pm - 1:15 pm

Program Spotlights: "I Come to School Because..."

Core subjects like English/language arts, math, science and social studies all are important to student outcomes, but what brings students to school and keeps them there? We’ll spotlight a range of curricular and co-curricular programs that have proven successful in enhancing student outcomes and making school “sticky” for students.

1:15 pm - 1:45 pm

Evaluating Success: The Board Self-Evaluation

Amy Castellanos, ASBA Board Support Specialist

The board’s actions and priorities have direct implications for student outcomes. This session will dig into how governing boards can and have turned regular and rigorous self-evaluation into advantages for the students they serve.

1:45 pm - 2:15 pm

Evaluating Success: The Superintendent Evaluation and Performance Pay

Deanna Rader, Rader Mayrose

Learn about the legally required aspects of the superintendent evaluation and performance pay, along with practical considerations for their use in advancing student success.

2:15 pm - 2:30 pm

Break

Those attending the main Law Conference may pick up their packets at this time.

2:30 pm - 3:15 pm

Evaluating Success: Student Achievement

Chris Kotterman, ASBA Director of Governmental Relations; Sean Smith, Chief Accountability Officer, Arizona Department of Education

How do you define it, how do you keep it on track, and what are the legal and regulatory requirements for measuring it?

3:15 pm - 4:00 pm

Arizona Career Pathways: Meeting the State's Career Needs

Stephen Sparks, Executive Director, Arizona Career Pathways; Anthony Contente-Cuomo, Sims Mackin

Learn how the Arizona Career Pathways program helps community college students earn a degree or credential in a high-demand career field.

4:00 pm - 5:30 pm

Friends of ASBA Reception (optional)

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

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 - 9:15 am

Welcome and Conference Overview

Devin Del Palacio, ASBA Executive Director; Desiree Fowler, President of the ASBA Board of Directors

9:15 am - 10:15 am

Finding Common Ground

Dr. Pedro Noguera, Dean, USC Rossier School of Education

A search for common ground on the toughest questions in K-12 education, based on the speaker's recent book which he co-wrote with Richard Hess.

10:15 am - 10:30 am

Break and Book Signing

10:30 am - 11:30 am

A Title IX Roundtable: A Discussion of the Common Enforcement Issues

Joseph Williams and Carrie O'Brien, Gust Rosenfeld; and Lisa Anne Smith, DeConcini, McDonald, Yetwin & Lacy

A roundtable discussion of common and uncommon Title IX situations and applications. Participants will discuss Title IX application to both students and employees. Discussion will focus on sexual harassment, formal grievances, investigations and outcomes.

11:30 am - 11:45 am

2023 Advocate of the Year Award

Chris Kotterman, ASBA Director of Governmental Relations

A presentation of the 2023 ASBA Advocate of the Year Award plus news about the ASBA Pillar Award.

11:45 am - 1:00 pm

Lunch

1:00 pm - 1:50 pm

Breakout Sessions (choose from four)

• Section 504: Hot Topics in 2023 and New Regulatory Guidance OCR complaints are on the rise, with the number of complaints more than doubling in recent years and the upward trend continuing. Additionally, the U.S. Department of Education is expected to issue updated regulations in August 2023. With the increase in investigations and the anticipated updated regulatory guidance, brushing up on 504 compliance is critical for school districts. This presentation will cover key areas of 504 compliance, highlight current hot-button issues, and dive into the updated regulations — all of which will help Districts avoid pitfalls, and when necessary, respond appropriately when OCR comes knocking. Speakers - David D. Garner, Osborn Maledon
• Effective Strategies for Employee Discipline and Termination A practitioner’s guide to effective employee discipline and termination, and how to avoid common pitfalls that complicate the process. Speakers - Aaron Brown, Cantelme & Brown
• Legal Question or Business Decision? How often have you heard, "We can't do that?" When it is said with conviction, then it is easy to assume that it is for legal reasons. However, in most cases it is a business decision to stick with the status quo. Participants in this session will learn how to tell the difference between the two. Speakers - Jeremy Calles, Interim Superintendent, Tolleson Union High School District; Ernest Calderon, Calderon Law Offices
• Procurement in a Nutshell The procurement process can be a complex subject because of the numerous statutes, regulations, policies and procedures that must be followed. This presentation will review the general rules governing school procurement. It will also assist school board members and administrators to understand their roles in school procurement and how they can help school personnel to navigate the procurement process more efficiently. Speakers - Michelle Tong, Deconcini McDonald Yetwin & Lacy

2:00 pm - 2:50 pm

ASBA Rural Alliance Meeting

2:00 pm - 2:50 pm

Breakout Sessions (choose from four)

• Teacher Housing: Obstacles, Pathways and Possibilities This session will cover the various areas of law, jurisdictions and practical realities when providing housing to teachers and staff. Teacherages have been a tribal and rural issue for years and are becoming an urban issue with housing costs going up and availability of long term rentals going down. When is a school district a landlord, when is it an employer, and when is it both? Speakers - Brandon Kavanagh, Mangum, Wall, Stoops & Warden; Jeff Dollins, Mangum, Wall, Stoops & Warden; and Quincy Natay, Superintendent, Chinle Unified School District
• Check It Out: Library Materials and the Law School libraries are meant to be places for students to increase their literacy and explore a variety of ideas and subjects. Unfortunately, school libraries are also becoming places of conflict and controversy, making it difficult for educators to know where to draw the line. This presentation discusses federal and state laws pertaining to school libraries and some practical tips for ensuring that school libraries continue to be places of growth. Speakers - Jessica Sanchez, Udall Shumway; and Michael Areinoff, Associate General Counsel, Tucson USD
• Social Media and Student Speech: When Can You Discipline Without Violating the First Amendment? Last year over 1000 school districts across the country were successful in litigation against vaping and tobacco companies for intentionally marketing and addicting children to their products. This litigation resulted in settlements in excess of $1.3 billion, which will now help fund youth vaping prevention on campus. Research continues to confirm that social media is playing a major role in causing mental health problems in youth and that excessive and problematic use of social media is harmful to children’s' mental, behavioral, and emotional health. Research also confirms that excessive use of social media is associated with increased rates of depression, anxiety, low self-esteem, eating disorders, body dysmorphia, and suicide in youth. Frantz Law Group’s William Shinoff (one of the lead school districts attorneys in the vaping cases) and Arizona school attorney Ernie Calderón will discuss the litigation against social media giants to address the youth mental health crisis. Litigation has commenced on behalf of various school districts against Facebook, TikTok, Snapchat, Instagram, YouTube, and their subsidiaries/affiliates. The lawsuit says that Defendants have acted to target youth, maximize the time youth spend on Defendants' social media platforms, and have maximized defendants’ profits. The lawsuits maintain Defendants designed program algorithms to feed children harmful content, such as videos promoting eating disorders, violence, self-harm, and suicide. Please attend to learn whether it makes sense to join in the efforts to protect Arizona’s school age population.Speakers - Sesaly Stamps and Clay Kramer, Deconcini, McDonald, Yetwin & Lacy.
• Weapons in Schools and Expulsion: When is Enough Enough? More than ever before, school district governing boards are having to face the difficult decisions of expelling a student when the student brings a weapon to school. This presentation is a overview of what the law requires and what options Districts have. Speakers - Susan Plimpton Segal, Gust Rosenfeld

2:50 pm - 3:10 pm

Break

3:10 pm - 4:00 pm

ASBA Black Alliance Meeting

3:10 pm - 4:00 pm

Breakout Session

• Title IX and Transgender Students: Bathrooms, Athletics and More The rights of transgender youth are a hot topic nationwide, and the focus of much recent legislation and litigation. School districts are struggling with deciding which bathrooms transgender students should use, which sports teams they should play on, and how to handle the sometimes conflicting requests by students and parents about names and pronouns. This session will update you on the latest developments in this rapidly evolving area of the law, so that you can navigate these sensitive decisions while best supporting your students. Speakers - Lisa Anne Smith, Deconcini, Yetwin, McDonald & Lacy; Michael Areinoff, Associate General Counsel, Tucson USD
• Employee Speech and the First Amendment: What Are the Rules? Because school districts are public employers, they must balance the First Amendment rights of their employees against the school districts’ interest in providing efficient services. This presentation will analyze when public employers may regulate the speech of their employees whether on campus or on the ever-present social media. Speakers - Sesaly Stamps and Clay Kramer, DeConcini, McDonald , Yetwin & Lacy
• Board Member Speech and Social Media: The Legal Ramifications of Being an Elected Board Member in an Online World The First Amendment’s protection of elected officials’ speech is full, robust and analogous to that afforded all other citizens. School board members may voice their opinions about matters of public concern, whether that occurs in a formal letter to the editor or an informal social media post. Although it is true that board members have the right to speak out on matters of public concern as individual citizens, “free speech” is not always free of consequences. This presentation discusses First Amendment jurisprudence and legal issues related to board member social media use. It will additionally provide guidelines and best-practices for board members utilizing social media in their role as elected officials. Speaker - Claire DeChambre and Nathan Schott, Gust Rosenfeld
• Social Media: Is It Harming Your Students? Speakers - Ernest Calderon, Calderon Law Offices; William Shinoff, Frantz Law Firm; Jean M. Twenge, Professor of Psychology at San Diego State University

4:00 pm - 6:00 pm

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

8:30 am - 9:00 am

Continental Breakfast

9:00 am - 9:15 am

Welcome

Devin Del Palacio, ASBA Executive Director

9:15 am - 10:15 am

Keynote Speaker: Michele Borba, “Thrivers: The Unique Factors that Help Kids Thrive in School”

Michele Borba, Ed.D

10:15 am - 10:30 am

Break and Book Signing

10:30 am - 11:00 am

Legal and Legislative Update

Chris Kotterman, ASBA Director of Governmental Relations

11:00 am - 11:45 am

Stump the Lawyer

Moderator: Ben Hufford, Gust Rosenfeld; Lawyers: Lisa Anne Smith, Deconcini Yetwin McDonald & Lacy; Robert Ross, General Counsel, Tucson USD; Anthony Contente-Cuomo, Sims Mackin

11:45 am - 1:00 pm

Lunch

1:00 pm - 1:50 pm

Breakout Session

• EEOC Priorities and Legal Updates to Promote Best Practices and Reduce Legal Risks In today’s rapidly evolving business landscape, staying compliant with employment laws and regulations is crucial for every organization. The EEOC (Equal Opportunity Employment Commission) plays a pivotal role. Join us for a lively discussion about the changing legal landscape in employment law and EEOC’s priorities. Speakers - Denise Lowell-Britt, Udall Shumway; Krista Watson, Outreach and Education Coordinator, EEOC Phoenix District Office
• Shifting Sands: Navigating the Latest Trends in OCR Activity and Enforcement Dynamics With each change in federal administration the Office for Civil Rights shifts its focus and enforcement activities. Our panel discussion will focus on the latest trends that we are seeing in OCR activity including the latest revisions to the OCR Case Processing Manual and what it means when the federal government comes calling. Speakers - Jordan Ellel, Tri-District Counsel, Tempe ESD/Tempe UHSD/Kyrene ESD; Susan Plimpton Segal, Gust Rosenfeld; Lawton Jackson, Udall Shumway
• AI, GPT-4, and LLMs: Unleashing Potential in the Education Sector While Ensuring Data Privacy This presentation will introduce participants to the transformative power of Artificial Intelligence, the GPT-4 model, and Language Models (LLMs). We will explore how these technologies can revolutionize teaching and learning, while not losing sight of the importance of data privacy and security issues. Participants will gain an understanding of the potential benefits that can be achieved, tempered with an awareness of privacy considerations, leaving them with an optimistic view of what can be achieved when technology and education intersect. Speaker - Matt Dascoli, Senior K-12 Education Strategist, Dell Technologies
• Record Retention, Dissemination and Access Common issues schools and other government agencies are seeing with access to public records. Speakers - Deanna Rader and Jamie Mayrose, Rader Mayrose

2:00 pm - 2:50 pm

ASBA Hispanic-Native American Indian Caucus Meeting

2:00 pm - 2:50 pm

Breakout Sessions (choose from four)

• Teacher Housing: Obstacles, Pathways and Possibilities Teacher housing is a complex and somewhat confusing topic. We need additional statutory development and clarity. We will explore the current law and options it presents. Finally, we will ask the question, what would our keynote presenters, Dr. Pedro Noguera and Michelle Borba, Ph.D., have to say about this issue and what if any relevance it has to their work and education. Speakers - Gehl Tucker, Gust Rosenfeld
• Show Me the Money: Federal Funding and Schools An overview of various federal laws/regulations that are specific to school funding and the requirements tied to the various federal school programs. Speakers - Kacey King, General Counsel, Mesa USD; Eileen D. Fernandez, General Counsel, Phoenix UHSD
• Everything Boards Should Know about Kids Involved with Courts This session will look at students in foster care and students under juvenile supervision as it relates to school board governance. Speaker - Megan Weagant, Weagant Law Offices; Lynne Bondi, ASBA Policy Analyst
• Do We Really Have To Take This? How Schools Can and Should Respond to Disruptive Parents and Other School Visitors From parents threatening school staff over end of day pick-up policies to parents yelling obscenities at teachers because they don’t like the books that have been assigned for their children to read, all schools have unfortunately seen an increase in interactions between aggressive, disruptive parents and school staff. This session will address what steps schools can take to maintain order on their campuses and protect school staff from abuse, from no trespass letters to court injunctions. We will also discuss a series of (not so) hypothetical situations, and audience input is not only welcomed, it is essential! Speakers - Lynne Adams, Osborn Maledon

2:50 pm - 3:00 pm

Break

3:10 pm - 4:00 pm

Breakout Sessions (choose from four)

• Beyond the Code: Navigating the Ethical Challenges of LLMs in Education: Although it is not necessary to attend the " "AI, GPT-4, and LLMs: Unleashing Potential in the Education Sector While Ensuring Data Privacy," we will build on our introduction to LLMs. This session will delve deeper into the ethical and public concerns associated with their integration into the education sector. We will discuss the nuances of these issues, examining potential pitfalls and proposing precautionary measures to ensure the safe and responsible use of these technologies in our schools. This session aims to equip participants with the knowledge to balance innovation and caution as they explore the integration of LLMs in their institutions. Speakers - Matt Dascoli, Senior K-12 Education Strategist, Dell Technologies
• Emergency Response for Students with Access and Functional Needs (AFN) This session will cover the legal aspects of emergency response for students with significant cognitive and medical disabilities. Speakers - Heather Pierson, Udall Shumway
• An Employment Law Refresher and Discussion This presentation will focus on various employment laws and common situations that arise for human resources professionals. While this presentation will discuss some basics as part of the refresher, it will also present complex hypotheticals as part of the discussion. Speakers - Meghan Baca and Eli Enger, Udall Shumway
• ASBA Delegate Assembly: Everything You Need to Know Speakers - Chris Kotterman, ASBA Director of Governmental Relations; John Sparks, ASBA Legislative Committee Chair (Sahuarita USD)