Surviving the Superintendency:

Transcription

1 The Council s 2013 Legal Briefing Surviving the Superintendency: Tips from the Experts Long Island November 4, 2013 Four Opportunities to Join Us! Westchester November 5, 2013 Rochester November 14, 2013 Herkimer November 15, 2013

2 The Council s 2013 Legal Briefing Surviving the Superintendency: Tips from the Experts Location/Program Date Option A: Long Island/Monday, November 4, 2013 Option B: Westchester/Tuesday, November 5, 2013 Option C: Rochester/Thursday, November 14, 2013 Option D: Herkimer/Friday, November 15, 2013 Locations A B C D November 4, 2013 / 8:00 am 3:00 pm Nassau BOCES One Merrick Avenue Westbury, NY Presented with Premier Silver Partner Harris Beach, PLLC November 5, 2013 / 8:00 am 3:00 pm Southern Westchester BOCES 450 Mamaroneck Avenue, 3rd Floor Harrison, NY Presented with Premier Silver Partner Goldstein, Ackerhalt & Pletcher, LLP November 14, 2013 / 8:00 am 3:00 pm Monroe #1 BOCES 15 Linden Park, Rochester, NY Presented with Premier Silver Partner Harter Secrest & Emery LLP November 15, 2013 / 8:00 am 3:00 pm Oneida-Herkimer-Madison BOCES 4747 Middle Settlement Road New Hartford, NY Presented with Signature Partner Tuition: $150 Tuition includes breakfast, lunch and materials. Accommodations are not included in the cost of tuition. Who Should Attend? Superintendents; Assistant Superintendents; School Administrators, School Attorneys and Superintendent Designees are encouraged to attend. Why Should You Attend? Receive practical tips from knowledgeable school law attorneys designed to keep superintendents out of harm s way. Review cutting edge issues shaping the future of school administration. Get an up-to-date review of recent laws, regulations and court decisions affecting school district administrators Hear advice from Public Relations experts on how to effectively manage the media and crisis situations Receive information from financial planners about long-term retirement and financial planning Learn about recommended Best Practices from the experts. Cancellation Policy The Council and LEAF, Inc. work hard to accommodate the unpredictable nature of superintendent schedules while keeping high quality programs affordable. All cancellations must be made in writing and mailed, faxed ( ) or ed (deidre@nyscoss.org) prior to the event. A $25 cancellation fee will be charged on all cancellations received by October 25, 2013, a $50 cancellation fee will be charged on all cancellations received after October 25, 2013 and there will be no refunds after the date of the program. No shows will be charged. We regret we cannot accept telephone cancellations. Please allow 4-6 weeks for processing. For More Information Director for Business Development at

3 OPTION A: Nassau BOCES / Monday, November 4, am Implementation of ACA What Every Superintendent Really Needs to Know Josh Steele, Esq., Harris Beach, PLLC ACA is upon us. How this new law must be implemented, what employer obligations are and how school leaders should be analyzing them will all be discussed in this concise, chock full presentation by an attorney who deals with these issues on a nearly daily basis am Complex Issues Related to Students, Including FERPA Howard Goldsmith, Esq. and Susan Fine, Esq., Harris Beach, PLLC With increasing frequency, superintendents and their staff must address complex student issues. A school district s obligations are made even more difficult with the implementation of new laws and new cases interpreting those laws. This intense one hour session will review some of the most complicated, recent student related issues facing schools and how best to handle them. Attendees will walk away with a better understanding of how to address student issues and how to seek to prevent them from occurring in the first place. Recent experience working with the Department of Justice and other agencies will be relayed :15 am / Break 11:15 am 12:15 pm Superintendents Contracts, Defamation and Handling the Rough Road Ahead Douglas Gerhardt, Esq. and Warren Richmond, Esq., Harris Beach, PLLC Leading from the top is made more complicated as districts struggle to address all fiscal concerns. This discussion will examine knotty issues cropping up with superintendent contract negotiations, particularly on Long Island as well as some strategies for addressing them. The discussion will also touch upon defamation, how these issues occasionally find their way into the school setting and also how to respond to them. 12:45 1:45pm Crisis Communication: An Integral Part of Your Risk Management Protocols Michael Conte, New York Schools Insurance Reciprocal (NYSIR) Having a crisis communication protocol is an essential component of any district. How your school district identifies and responds to crisis defines your reputation. One poorly handled crisis can lead to a loss of confidence that threatens institutional progress and even impacts the careers of leaders. This session will focus on What Is a Crisis; Preparations to Building the Crisis Communication Protocol; What to Expect from Your Public and the Media; Messaging, Positioning and Other Strategic Concerns; Avoiding Internal Complications; Media Relations Techniques and Community Relations Necessities in a Crisis. Things That Can Threaten Your Retirement Lee Rosenberg CFP, Founder and President of American Investment Planners, LLC and Seymour Goldberg, CPA, MBA, JD, Senior Partner Goldberg & Goldberg, P.C. This program will emphasize the following points with the idea of reducing the effect of taxes and other liabilities on passing retirement assets to the next generation: 1. Investing in 403(b), 457 Governmental Plan, Traditional IRAs and Roth IRAs b Arrangements in NY State TIAA-CREF now available for an investing option for k Pension Options This program presented with Premier Silver Partner Harris Beach, PLLC

4 OPTION B: Southern Westchester BOCES / Tuesday, November 5, am Special Education Mine Fields and Mine Detectors Bruce Goldstein, Esq. Goldstein, Ackerhalt & Pletcher, LLP Learn about the latest court decisions that could present you and your district with legal problems, and engage in discussion of strategies and tactics to avoid or mitigate your exposure. Examples of some areas to be discussed: The tension between regular education initiatives and special education liability exposure; how far ahead must a CSE look when developing its IEP; new communication and documentation requirements; controlling costs of evaluations am Equal Opportunity in Non-Academic and Extracurricular Activities: What You Need to Know Bruce Goldstein, Esq. Goldstein, Ackerhalt & Pletcher, LLP OCR recently issued guidelines underscoring that school districts are required to provide students with disabilities an opportunity to benefit from the district s extracurricular activities equal to that of students without disabilities. This may require a school district to create non-academic and extracurricular activities, including athletic opportunities for students with disabilities. Find out what your district s responsibilities are in this informative seminar :15 am / Break 11:15 am 12:15 pm Defamation, Stigma and Other Negative Communications Jacinda Conboy, Esq., General Counsel The Council Superintendents and other district employees are often the target of defamatory statements made on social media sites, blogs and in traditional media outlets; learn what is against the law as well as practical advice on how to manage and respond to these media issues. 12:45 1:45pm Crisis Communication: An Integral Part of Your Risk Management Protocols Michael Conte, New York Schools Insurance Reciprocal (NYSIR) Having a crisis communication protocol is an essential component of any district. How your school district identifies and responds to crisis defines your reputation. One poorly handled crisis can lead to a loss of confidence that threatens institutional progress and even impacts the careers of leaders. This session will focus on What Is a Crisis; Preparations to Building the Crisis Communication Protocol; What to Expect from Your Public and the Media; Messaging, Positioning and Other Strategic Concerns; Avoiding Internal Complications; Media Relations Techniques and Community Relations Necessities in a Crisis. Things That Can Threaten Your Retirement Lee Rosenberg CFP, Founder and President of American Investment Planners, LLC and Seymour Goldberg, CPA, MBA, JD, Senior Partner Goldberg & Goldberg, P.C. This program will emphasize the following points with the idea of reducing the effect of taxes and other liabilities on passing retirement assets to the next generation: 1. Investing in 403(b), 457 Governmental Plan, Traditional IRAs and Roth IRAs b Arrangements in NY State TIAA-CREF now available for an investing option for k Pension Options This program presented with Premier Silver Partner Goldstein, Ackerhalt & Pletcher, LLP

5 OPTION C: Monroe #1 BOCES / Thursday, November 14, am Superintendent Contract Negotiations Ronald J. Hendrick, Esq., Harter, Secrest & Emery, LLP and Jacinda Conboy, Esq., The Council Hear both the Board perspective from your School Attorney as well as recommendations from The Council s General Counsel in this lively back and forth on superintendent contract negotiations, contract re-negotiations and trends in compensation and benefits :45 am Defamation Erin Beatty, Esq., Harter, Secrest & Emery, LLP Superintendents and others often are the target of derogatory statements made on social media sites, blogs and in traditional media outlets; learn what is unlawful defamation, what violates the code of conduct, and practical advice about limits on access to social media, free speech rights, and how to manage and respond to these media issues. 10:30 10:45 am / Break 10:45 11:45 am Affordable Care Act Update - Issues for 2014 and Beyond Tom Hurley, Esq., Harter, Secrest & Emery, LLP The Affordable Care Act is upon us. What your school must do to implement the law, focusing on your main issues: 1. Whether the District has a compliant HRA; 2. The District s planning for 2015 when the employer shared responsibility penalties will no longer be delayed; and 3. Planning for having at least the Cadillac Plan tax for :45 am 12:15 pm Ask the Attorneys Bring your questions for a Q & A with the Harter Secrest & Emery team on any school law related matter. 12:45 1:45 pm Crisis Communication: An Integral Part of Your Risk Management Protocols Michael Conte, New York Schools Insurance Reciprocal (NYSIR) Having a crisis communication protocol is an essential component of any district. How your school district identifies and responds to crisis defines your reputation. One poorly handled crisis can lead to a loss of confidence that threatens institutional progress and even impacts the careers of leaders. This session will focus on What Is a Crisis; Preparations to Building the Crisis Communication Protocol; What to Expect from Your Public and the Media; Messaging, Positioning and Other Strategic Concerns; Avoiding Internal Complications; Media Relations Techniques and Community Relations Necessities in a Crisis. Putting It All Together A Thirty Thousand Foot Level of Personal Financial Planning Issues Superintendents Need to Know Vincent Bonanno, Jr., JD, CFP and David L. Chin, CLU, ChFC, CFP, Planning Matters LLC We will explore how various topics all intertwine together in the context of the life-cycle of a superintendent s career and continuing into and beyond retirement. Topics that we will address include Employment Contract terms relating to employee benefits (such as deferred compensation arrangements, District 403(b) contributions to the Superintendent s 403(b) account, life, disability and long-term care insurance benefits, and health insurance benefits). There will be an emphasis on tying the employment contract benefits listed above to personal financial planning choices that should be planned for prior to the Superintendent s retirement. Personal financial planning topics we will discuss include how superintendents should save for retirement through 403(b) accounts (and family investment planning generally), the opportunity to rollover rogue 403(b) account balances from former employers 403(b) plans to non-403(b) accounts while still employed as a Superintendent, NYS Teachers Retirement System benefits planning, social security retirement benefit planning, and planning to optimize retirement income. Finally, we will review the four basic estate planning documents (Wills, Powers of Attorney, Health Care Proxies, and Living Wills) required to have in place to form a basic estate plan, and we will conclude with a brief discussion of Trusts. This program presented with Premier Silver Partner Harter Secrest & Emery LLP

6 OPTION D: Oneida-Herkimer-Madison BOCES / Thursday, November 15, :45 am Forming and Renewing the Superintendent s Employment Contract Benjamin J. Ferrara, Esq., Ferrara, Fiorenza, Larrison Barrett & Reitz, P.C. & Jacinda Conboy, Esq., General Counsel, The Council Hear both the Board perspective from your School Attorney as well as recommendations from The Council s General Counsel in this lively back and forth on key contract provisions negotiations, contract re-negotiations and trends in compensation and benefits. 9:45 10:30 am Critical Thinking And Steps To Effectively Manage Your Relationship with The Board and Board Members Benjamin J. Ferrara, Esq., Gain insights on understanding the various expectations of school boards toward your performance, how successful superintendents maintain goodwill and positive relationships with their boards, as well as some practical and legal tips to deal with problems that can arise. 10:30 10:45 am / Break 10:45 11:15 am Defamation, Stigma & Other Negative Communications Donald E. Budmen, Esq. Superintendents and other district employees are often the target of defamatory statements made on social media sites, blogs and in traditional media outlets; learn what is against the law as well as practical advice on how to manage and respond to these media issues. 11:15 11:45 am New Laws, Rules & Decisions Requiring Your Attention Joseph G. Shields, Esq., A review of important developments designed to help keep you current on legal issues facing school districts. 11:45 am 12:15 pm Ask the Attorneys Bring your questions for a Q & A Cracker Barrel Session with the Ferrara team on any school law related issues you are facing. 12:45 1:45 pm Critical Elements of a Crisis Communication Plan Cassandra Ingham, M.S., CSRM, Certified School Risk Manager, Utica National Insurance Group For most of us, it s not a matter of if a crisis or serious incident will ever affect our School it s a matter of when. How do you plan to communicate during a crisis? What are the highest priorities? Who are your most important audiences, and how do you manage your messages? This presentation will focus on the critical elements of a good crisis communications plan, provide practical advice on how you should handle the information, and help you determine who should do the talking/tweeting and posting. Whether you are a new school administrator or a seasoned veteran, you will find this program informative and useful. Putting It All Together A Thirty Thousand Foot Level of Personal Financial Planning Issues Superintendents Need to Know Vincent Bonanno, Jr., JD, CFP and David L. Chin, CLU, ChFC, CFP, Planning Matters LLC We will explore how various topics all intertwine together in the context of the life-cycle of a superintendent s career and continuing into and beyond retirement. Topics that we will address include Employment Contract terms relating to employee benefits (such as deferred compensation arrangements, District 403(b) contributions to the Superintendent s 403(b) account, life, disability and long-term care insurance benefits, and health insurance benefits). There will be an emphasis on tying the employment contract benefits listed above to personal financial planning choices that should be planned for prior to the Superintendent s retirement. Personal financial planning topics we will discuss include how superintendents should save for retirement through 403(b) accounts (and family investment planning generally), the opportunity to rollover rogue 403(b) account balances from former employers 403(b) plans to non-403(b) accounts while still employed as a superintendent, NYS Teachers Retirement System benefits planning, social security retirement benefit planning, and planning to optimize retirement income. Finally, we will review the four basic estate planning documents (Wills, Powers of Attorney, Health Care Proxies, and Living Wills) required to have in place to form a basic estate plan, and we will conclude with a brief discussion of Trusts. This program presented with Signature Partner