Chalkboard Newsletters Archive

Chalkboard is a publication of Rosenstein, Fist & Ringold designed to inform public school administrators and school board members of important and timely developments in Oklahoma school law. 
 
Chalkboard is sent without charge to all education clients of Rosenstein, Fist & Ringold and to other persons who are interested in education law issues. We invite you to share Chalkboard with your friends and colleagues. We believe you will find Chalkboard to be informative and helpful with the difficult task of operating our educational institutions.  
 
Although Chalkboard is designed to provide current and accurate information regarding current education law issues, Chalkboard is not intended to provide legal or other professional advise to its readers. If legal advice or assistance is required, the services of a competent attorney familiar with education law issues should be sought. 
 
We welcome your comments, criticisms and suggestions. Written correspondence should be directed to Rosenstein, Fist & Ringold, 525 South Main, Suite 700, Tulsa, Oklahoma 74103-4508, or call us at (918) 585-9211 or 1-800-767-5291. Our FAX number is (918) 583-5617. You can e-mail us by clicking here. Help us make Chalkboard an asset to you.

Chalkboard 2022

Chalkboard 2022 Issue 2 (Download PDF)
June 2022
By: M Scott Major, , and Adam T. Heavin

  • Pain and Concussion as “Serious Bodily Injury” under the IDEA’s 45-Day Removal Provisions;
  • Spring Supreme Court Roundup;
  • RFR News

Chalkboard 2022 Issue 1  (Download PDF)
March 2022
By: Alison A. Parker, Adam S. Breipohl, and

  • What Should I Read Next? The Rise in Challenges of Optional Reading Materials in School Libraries;
  • Dealing with Subpoenas Requiring School Employees to Appear in Court;
  • Therapy Visits and the FMLA;
  • RFR News

Chalkboard 2021

Chalkboard 2021 Issue 2 (Download PDF)
September 2021
By: M Scott Major, Adam S. Breipohl, and

  • “Oh, Snap(chat)!” High Court Shakes Up Tinker Regarding Off-Campus Speech;
  • Options to Address Disruptions of Board Meetings;
  • More Skirts, More Problems: Are Dress Codes Subject to Title IX? 

Chalkboard 2021 Issue 1 (Download PDF)
March 2021
By: M Scott Major, , and Adam S. Breipohl

  • Is Your District Providing Religious Instruction During School? Personal Liability Looms;
  • Technology and School Speech: Tinker v. Des Moines Independent Community School District Revisited;
  • U.S. Copyright Office Guidelines for Reproduction of Copyrighted Works by Educators;
  • Rosenstein, Fist & Ringold is pleased to announce that Brian J. Kuester, Emily C. Krukowski, and Samanthia S. Marshall have joined the firm.

Chalkboard 2020

Chalkboard 2020 Issue 6 (Download PDF)
November 2020

  • School Safety Clearinghouse Available for Districts to Assist in the Prevention, Mitigation, and Response to Emergency Situations;
  • Friendly Lawsuit? Prior Year Fiscal Limitations and Teacher Underpayment 

Chalkboard 2020 Issue 5 (Download PDF)
October 2020

  • CDL Drivers and Drug Testing: The FMCSA Clearinghouse;
  • Q&A to clarify requirements under 2020 Title IX regulations released by OCR

Chalkboard 2020 Issue 4 (Download PDF)
September 2020
By: M Scott Major

  • Serving Medically Fragile Students During COVID-19;
  • Compliance with RAY BAUM’s Act and 9-1-1 Dispatchable Locations

Chalkboard 2020 Issue 3 (Download PDF)
August 2020
By: M Scott Major and Adam S. Breipohl

  • When Charity Begins at School - Avoiding Unconstitutional Gifts;
  • Access to School Facilities by Service Animal Trainers

Chalkboard 2020 Issue 2 (Download PDF)
May 2020
By: , Adam S. Breipohl, and M Scott Major

  • The CARES Act and Student Loans: How the CARES Act Affects Garnishments related to Student Loans,
  • Providing Payroll Taxes and the Families First Coronavirus Response Act, and
  • EEOC Provides COVID-19 Guidance Concerning Anti-Discrimination Laws

Chalkboard 2020 Issue 1 (Download PDF)
January 2020
By: M Scott Major and Adam S. Breipohl

  • Changes to Probationary Teacher Status Take Effect This Year;
  • Providing Assessment Reports to Parents Ahead of IEP Meetings to Ensure Parent Participation;
  • Data Sharing Agreements under FERPA

Chalkboard 2019

Chalkboard 2019 Issue 8 (Download PDF)
By: and Adam S. Breipohl

  • What the Constitutional Carry Bill  Does (and Does Not) Change about  School Weapons Policies;
  • Pre-Employment Background Checks & the Fair Credit Reporting Act  

Chalkboard 2019 Issue 7 (Download PDF)
By: , Adam S. Breipohl, and

  • Shoes and Shirts Required: Addressing the Recent 10th Circuit Decision on Toplessness;
  • Distribution of Religious Materials at School;
  • OSEP Clarifies that Parent Consent Is Not Required Prior to Conducting Postsecondary Transition Assessments

Chalkboard 2019 Issue 6 (Download PDF)
By: , , and Adam S. Breipohl

  • Important Reminders for Long-Term Suspensions of Special Education Students;
  • Drug & Alcohol Testing  for Bus Drivers Required Return to Duty &  Follow-Up Testing;
  • Applicants for Employment with Criminal Records;
  • M. Scott Major Joins RFR as Associate Attorney.

Chalkboard 2019 Issue 5 (Download PDF)
By: Adam S. Breipohl, , and

  • Employee Drug Testing Safety Sensitive Positions and Medical Marijuana;
  • Setting Realistic Transition Goals for Students;
  • Responding to Subpoenas for Education Records;
  • 24th Annual RFR Fall School Law Update and Golf Tournament.

Chalkboard 2019 Issue 4 (Download PDF)
April 2019
By: Adam S. Breipohl and

  • The Pitfalls of Temporary Teacher Contracts;
  • Vapor Products Banned From Educational Facilities and Events;
  • Directory Information Under FERPA.

Chalkboard 2019 Issue 3 (Download PDF)
March 2019
By: and

  • Use Caution in Using the Preloaded IEP Goals in EdPlan;
  • School Policy for Bed Bugs Found at School;
  • Confidentiality of School Employee Records/Information;
  • School District Transparency Act: Transparency Requirement for the 2019-2020 School Year.

Chalkboard 2019 Issue 2 (Download PDF)
By: , Adam S. Breipohl, , and

  • 2018 Farm Bill’s Legalization of Hemp,
  • Hemp Products, and Hemp CBD Oil; Technical Assistance Issued on FERPA and School Safety;
  • Best Practices for Protecting School District Trademarks;
  • Confidentiality of Student Records

Chalkboard 2019 Issue 1 (Download PDF)
January 2019

  • Proposed Construction Management Reform:  How a Proposed Bill Aims to Change the CMAR Process;
  • OCR and OSERS to Oversee Initiative to Address Inappropriate Use of Restraint and Seclusion by School Districts;
  • Payment of Prior Fiscal Year Debts Owed by School Districts

Chalkboard 2018

Chalkboard 2018 Issue 8 (Download PDF)
November 2018
By: Adam S. Breipohl, , , and

  • School District Contractors with Past Felony or Sex Offense Convictions;
  • Communications Error: The Unintentional Open Record;
  • Best Practices for School Districts Regarding Employee Investigations;
  • When a Manifestation Determination must be Conducted for a Student on a 504 Plan

Chalkboard 2018 Issue 7 (Download PDF)
October 2018
By: , Adam S. Breipohl, and

  • The Importance of Individual Education Plans for Students;
  • Responding to DHS Requests to Interview Students at School;  
  • Child Restraint Systems for School Bus Transportation

Chalkboard 2018 Issue 6 (Download PDF)
September 2018
By: , , , and

  • Teacher Dismissal for Out-of-School Misconduct;
  • LRE Requirement and Therapeutic Placements;
  • New Dates for School District  Board Elections;
  • Employee Military Leave of Absence 

Chalkboard 2018 Issue 5 (Download PDF)
August 2018

  • New Administrative Rules Effective in September;
  • OTRS Contributions for Temporarily Employed Retired Teachers;
  • Appropriate Designation for a School Psychologist Unlicensed Under the Psychologists Licensing Act;
  • New Child Abuse Reporting Obligations for School Employees;
  • 2018 RFR Fall School Law Update and Golf Tournament

Chalkboard 2018 Issue 4 (Download PDF)
April 2018
By: , Adam S. Breipohl, and

  • Contract Services and Fiscal Year Limitations;
  • Chronic Absenteeism: Medical Exemption;
  • Personal Business Leave for School District Employees;
  • Field Trips and Students with Special Needs

Chalkboard 2018 Issue 3 (Download PDF)
March 2018
By: Adam S. Breipohl, , , and

  • Service Animals and Emotional Support Animals in the Workplace;
  • Political Speech in School Hallways;
  • Coaches Exempt from Wage and Overtime Provisions of the FLSA;
  • What Constitutes a Free Appropriate Public Education For Special Education Students;
  • RFR Red Banner Updates 
     

Chalkboard 2018 Issue 2 (Download PDF)
February 2018
By: , Adam S. Breipohl, and

  • Leave of Absence as a Reasonable Accommodation for an Employee’s Disability Under the ADA;
  • Surveillance Video Footage and the Possible Violation of State and Federal Wiretapping Statutes;
  • School District Employment of Minor Students;
  • 2018 RFR School Law Conference to be Rescheduled

Chalkboard 2018 Issue 1 (Download PDF)
January 2018
By: Adam S. Breipohl, , , and

  • Making School Websites Accessible for those with Disabilities;
  • FERPA and the Creation of Student Education Records via School District Video Surveillance;
  • Copyright Law and Curriculum Materials for Technology Centers;
  • 2018 Spring School Law Conference 

Chalkboard 2017

Chalkboard 2017 Issue 8 (Download PDF)
November 2017
By: John E. Priddy, , and Adam S. Breipohl

  • Sexual Harassment – Guidance from the US Department of Education Office for Civil Rights;
  • Corporal Punishment of Students with Disabilities;
  • Fair Use and Reproduction of Copyrighted Materials for Classroom Use

Chalkboard 2017 Issue 7 (Download PDF)
October 2017
By: , , and Adam S. Breipohl

  • Due Process Protections for Support Employees;
  • Copyright Law and Recordings of Student Performances;
  • Important Reminders for Long-Term Suspensions of Special Education Students

Chalkboard 2017 Issue 6 (Download PDF)
September 2017
By: Adam S. Breipohl and

  • Copyright Issues for School Districts: Exhibiting Copyrighted Works at School;
  • New Version of Form I-9;
  • Haley A. Drusen joins RFR as Associate Attorney;
  • RFR’s New Redesigned Website is Now Live—www.rfrlaw.com.

Chalkboard 2017 Issue 5 (Download PDF)
August 2017
By: , , and

  • Oklahoma’s Patriotic Access to Students in Schools Act and the Parents’ Bill of Rights;
  • Corporal Punishment of Students with Disabilities;
  • Reminder Regarding Changes to the Definition of Career Teacher;
  • RFR Fall School Law Seminar and Golf Tournament.

Chalkboard 2017 Issue 4 (Download PDF)
April 2017

  • Update on Board Resolutions Regarding State Ballot Measures;
  • Verifying Employee Federal Employment Authorization Status;
  • OSDE Issues Guidance on 4-Day School Week and Special Education Services;
  • Temporary Teacher Contracts

Chalkboard 2017 Issue 3 (Download PDF)
March 2017

  • The Supreme Court’s Ruling on What Constitutes A Free Appropriate Public Education for Special Education Students;
  • Funding of School Improvements by Municipalities;
  • Obligations of School District Employees for Reporting Child Abuse or Neglect;
  • Implementing the Professional Learning Focus Component of the TLE 

Chalkboard 2017 Issue 2 (Download PDF)
February 2017

  • Occupational Safety and Health Administration Issues New Rule Limiting Post-Incident Drug Testing;
  • Agenda Items for Rehiring Employees;
  • The Importance of Employee Job Descriptions When Defending Discrimination Claims.

Chalkboard 2017 Issue 1 (Download PDF)
January 2017

  • Emerging and Important Issues in Special Education;
  • Best Practices for School Districts Regarding Public Participation at Board Meetings;
  • Required Changes to Child Nutrition Procedures;
  • 2017 Oklahoma Legislative Session News.

Chalkboard 2016

Chalkboard 2016 Issue 8 (Download PDF)
November 2016

  • Recent Amendments to Oklahoma Statute Addressing Sports-Related Head Injuries;
  • Federal Court Issues Preliminary Injunction Barring Enforcement of New Overtime Rules;
  • ESSA and the Educational Stability of Foster Children.

Chalkboard 2016 Issue 7 (Download PDF)
October 2016

  • School Finance - A Short Reminder;
  • Addressing Parental Refusal to Participate in Meetings;
  • School District Hearings and the Fifth Amendment Right against Self-Incrimination;
  • RFR Legislative Updates.

Chalkboard 2016 Issue 6 (Download PDF)
September 2016

  • Advocacy and Distribution of Information Regarding State Ballot Measures;
  • School Districts Must Obtain Written Parental Consent Before Making Biometric Scans of Minors;
  • Restrictions on School Districts Regarding Contracts for Consulting Services;
  • RFR Hires N. Roxane Gebhart;
  • Upcoming RFR Seminars.

Chalkboard 2016 Issue 5 (Download PDF)
August 2016

  • FCC Issues Ruling Regarding the Use of Robocalls and Automated Text Messages by School Districts;
  • FCC Regulations Regarding E-Rate Eligibility and Access to Social Media;
  • OCR Issues Dear Colleague Letter Regarding Section 504 and Students with ADHD;
  • Legislative & Policy Follow Up;
  • 2016 Fall Education Conference, Wednesday, September 28, 2016 at Tulsa Technology Center’s Riverside Campus (9:00 a.m. to 12:30 p.m.);
  • 21st Annual Golf Tournament and Fall School Law Update, Wednesday, October 5, 2016 at Bailey Golf Ranch in Owasso, Oklahoma.
     

Chalkboard 2016 Issue 4 (Download PDF)
May 2016

  • Field Trips and Special Needs Students
  • Suggestions for School Districts Conducting Student Interviews for Disciplinary Reasons
  • School Districts and the Medicare Data Match Questionnaire

Chalkboard 2016 Issue 3 (Download PDF)
April 2016

  • The Uninterrupted Scholars Act and DHS Access to Education Records
  • Annexation by Board Resolution
  • One More Consideration After Finding A Student Ineligible For An IEP
  • Best Lawyers® Releases Its Award Listing for 2016

Chalkboard 2016 Issue 2 (Download PDF)
March 2016

  • The Proper Role of School Resource Officers
  • Assisting Parents and Students in Setting Realistic Transition Goals
  • Proposed Rule Change For Mandatory Annexation

Chalkboard 2016 Issue 1 (Download PDF)
January 2016

  • An Overview of the Types of School District Annexation
  • The Every Student Succeeds Act Promises Significant Changes to the Federal Role in Education
  • What Constitutes A Change of Placement
  • Value Added Services - RFR Client Legislative Update Service

Chalkboard 2015

Chalkboard 2015 Issue 6 (Download PDF)
December 2015

  • Common Pitfalls School Districts Face When Implementing a Reduction-in-Force;
  • Correcting Payroll Errors Without a Friendly Suit;
  • Reminder to Consider Student Absences For Health Issues;
  • Official 2016 Oklahoma Holidays.

Chalkboard 2015 Issue 5 (Download PDF)
October 2015

  • Important Reminders for Long-Term Suspensions of Special Education Students
  • OSHA’s Hazard Communication Program—What School Districts Need to Know
  • Teacher Use of Crowdfunding Websites
  • Meet RFR’s Adam S. Breipohl

Chalkboard 2015 Issue 4 (Download PDF)
August 2015

  • School Districts Must Have Consent Before Making Informational Autocalls to a Cell Phone
  • Is Your District Adequately Reporting Progress on Students’ IEP Goals?
  • Best Practices When Using Criminal Records in Employment Decisions

Chalkboard 2015 Issue 3 (Download PDF)
June 2015

  • Best Practices for School Districts Regarding Student Data;
  • Avoid Boilerplate Transition Services in IEPs;
  • Annual Policy Advisory;
  • Remember to Update Email Listing

Chalkboard 2015 Issue 2 (Download PDF)
February 2015

  • Guidelines for Bible Distribution in Oklahoma Schools;
  • Student 504 Plan Eligibility After Ineligibility for Special Education Under IDEA;
  • Save The Date - RFR Spring Education Seminar

Chalkboard 2015 Issue 1 (Download PDF)
January 2015

  • Affordable Care Act—Are You Ready For 2015
  • Volunteer Exemption under the Fair Labor  Standards Act
  • More Guidance To School Districts Regarding Disability Based Bullying
  • New Rules Jeopardize Funding of Internet Services

Chalkboard 2014

Chalkboard 2014 Issue 7 (Download PDF)
November 2014

  • How Serious is "Serious?"
  • Exempt/Nonexempt Status and Overtime
  • Students Can Be Personally Sued for Injuries in Accidents Involving Driver's Education Vehicles

Chalkboard 2014 Issue 6 (Download PDF)
September 2014

  • Important Amendments to the Oklahoma Employment Security Act
  • Automatic Renewal Provisions in Contracts
  • OSER’s Clarification on Secondary Transition
  • 2014 Fall School Law Update and Golf Tournament  

Chalkboard 2014 Issue 5 (Download PDF)
August 2014

  • Recent Constitutional Law Decisions Have Important Implications for Education
  • A Civil Remedy for Violations of the Oklahoma Open Meeting Act
  • Related Service Providers and Attendance at IEP Meetings
  • 2014 RFR Fall School Law Update and Golf Tournament

Chalkboard 2014 Issue 3 (Download PDF)
May 2014

  • Addressing Parental Refusal to Participate in IEP Meetings
  • Employee Speech and First Amendment Protection
  • Indemnification Clauses

Chalkboard 2014 Issue 2 (Download PDF)
April 2014

  • Confidentiality of School District Personnel Records
  • Authority to Sign Contract For School District
  • OCR Clarifies Position on Students with Disabilities in Extracurricular Athletics
  • Payment for Internet Access From Oklahoma's Universal Service Fund
  • Matthew P. Cyran Returns to RFR

Chalkboard 2014 Issue 1 (Download PDF)
February 2014

  • The Suspens(ion) is Killing Me . . . and What is Immorality Anyway?
  • Are Student Absences For Health Issues Getting the Consideration They Demand?
  • Lease-Purchase Agreements
  • Spring School Law Seminars

Chalkboard 2013

Chalkboard 2013 Issue 3 (Download PDF)
December 2013

  • Sexual Harassment Under Title IX - What School Districts Need to Know
  • Best Lawyers 2014 listing for Rosenstein, Fist & Ringold 

Chalkboard 2013 Issue 2 (Download PDF)
September 2013

  • Teacher Who Resigned Rather Than Exercise His Right to a Pre-Termination Due Process Hearing Entitled to Unemployment Benefits
  • Tenth Circuit Affirms Summary Judgment in Lawsuit Brought Against the Deer Creek School District

Chalkboard 2013 Issue 1 (Download PDF)
July 2013

  •  Patient Protection and Affordable Care Act:  Coverage Considerations for School Districts
  • 2013 Policies Available

Chalkboard 2012

Chalkboard 2012 Issue 4 (Download PDF)
January 2013

  • Open Carry Law and School District Sites
  • All Members of the Board of Education Have The Authority to Consult with the School District's Legal Counsel
  • 2013 Official State of Oklahoma Holidays

Chalkboard 2012 Issue 3 (Download PDF)
November 2012

  • Free Speech in Schools: How Classroom Assignments Implicate the First Amendment
  • January 1, 2013 Deadline for Shifting to Narrowband Braodcasts over VHF/UHF Radio Channels is Fast Approaching
  • RFR News:  Kelsey K. Bardwell joins RFR as Associate Attorney

Chalkboard 2012 Issue 2 (Download PDF)
July 2012

  • Rolling, Walking Board Meetings: Practice Leads to Unenforceable Actions, Potential Criminal Consequences

Chalkboard 2012 Issue 1 (Download PDF)

  • U.S. Department of Education Makes Minor but Significant Changes to FERPA
  • RFR's Roxane Gebhart Honored

Chalkboard 2011

Chalkboard 2011 Issue 4 (Download PDF)

  • Expunging Criminal Records: How Complimentary Laws Cause Confusion and Concealed Dangers for Employers
  • Official 2012 State of Oklahoma Holidays
  • Announcing RFR's The Compendium

Chalkboard 2011 Issue 3 (Download PDF)

  1.  New Dismissal and Nonreemployment Procedures and Repeal of Trial De Novo for Career Teachers
  2. Tenth Circuit Affirms three Decisions in Favor of the Prue School District

Chalkboard 2011 Issue 2 (Download PDF)

  1. The Oklahoma Court of Civil Appeals Clairifies the Law Regarding Temporary Teacher Contracts
  2. Supreme Court Addresses Miranda Rights of Students Questioned at School by Police

Chalkboard 2011 Issue 1 (Download PDF)

  1. New Oklahoma Guidelines Governing Use of Physical Restraint and Seclusion for Students with Disabilities

Chalkboard 2010

Issue 3 (Download PDF)

  1. Announcing the Creation of EDOklahoma - A National Voice for Oklahoma's Schools
  2. Oklahoma's 2-1-1 Call Center

Issue 2 (Download PDF)

  1. New Guidance on Performance Based Contracts
  2. School districts Prevail in Challenges under Senate Bill 2XX
  3. Bulletin:  Tenth Circuit Rules on Oklahoma Immigration Law

Issue 1 (Download PDF)

  1. Disclosure of Employee's Birth Date
  2. RFR New Hires - Samanthia S. Marshall and Staci L. Roberds

Chalkboard 2009

Issue 3

  1. Amendments to the Family Medical Leave Act
  2. Bulletin:  Policy Updates

Issue 2 (Download PDF)

  1. Overview of Opportunities of the American Recovery and Reinvestment Act of 2009
  2. Policy Alert:  Changes in Employee Background Check Requirements
  3. Bulletin:  Identity Theft Red Flag Rules go into Effect on May 1, 2009

Issue 1 (Download PDF)

  1. The New COBRA Subsidy Provisions

Chalkboard 2008

Issue 4 (Download PDF)

  1. Understanding The New Parent Revocation of Consent Regulations Under The Individuals With Disabilities Education Act

Issue 3 (Download PDF)
By: Bo Rainey

  1. Student Expression:  Protected Speech and True Threats
  2. Failure to Specify Subject Matter of Agenda Item Held to be Willful Violation of Open Meeting Act

Issue 2 (Download PDF)

  1. How the ADA Amendments Act of 2008 Affects Student Eligibility for Section 504 Accommodation Plans

Issue 1 (Download PDF)

  1. 403(b) Tax Sheltered Annuities Regulations
  2. California Home Schooling Decision Unlikely to Affect Oklahoma

Chalkboard 2007

Issue 4 (Download PDF)

  1. Educating the Undocumented Immigrant - Part Two
  2. Effectively Investigating and Remedying Racially Harassing Conduct

Issue 3 (Download PDF)

  1. Legislative Update:  Vision Screening and Diabetes Management
  2. Education and the Illegal Immigrant, Part One

Issue 3 Insert (Download PDF)

  1. School Law Bills - 51st Okla. Legislature, 1st Regular Session


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