The Georgian Law and Politics Association of the University of Georgia School of Law will hold its second annual symposium on Georgian Political and Legal Issues on October 19 at the Special Collections Libraries of the Richard B. Russell Building on the UGA campus. The event is open to the public and begins with a luncheon and keynote address at 11:30 a.m., followed by the first panel discussion at 12:30 p.m. “The purpose of this symposium is to provide law students, practitioners, and members of the community at large with a more academic perspective on serious political and legal issues affecting the state of Georgia,” said Shelley E. Kreimer, conference co-organizer and second-year law student. Questions about registration? Email Ivy Young at iyoung@gael.org. We offer conference attendees the opportunity to follow Phil Hartley`s coaching from the comfort of their office via LIVESTREAM. While the conference is still designed as an in-person event and the price is the same for both options, we are offering this option to our attendees so you don`t have to miss important updates and information in the field of education law in 2022-2023. Cancellation Policy: Our Conference Cancellation Policy: Due to commitments to our facilities and partners, cancellations until October 18, 2022 will incur a $75.00 fee. After that, the full fee will be charged. In case of no-show at the event, the full amount will be charged.

If GAEL has to cancel the conference due to COVID-19 issues, your account will be credited in full unless otherwise requested in writing. ALL cancellations must be made in writing. Please gsmith@gael.org send an email to cancel. For more information on the conference, contact Alan Poole at abp357@uga.edu. Reservations are required for dinner and can be made until October 12 by contacting lfarrar@uga.edu. USB flash drives purchased after the conference cost $100.00 each NOTE: Three-day registrations can be shared if one person attends student days and another attends staff day. Register ONLY one person and ask the second person to notify the registration desk upon arrival at the conference. Please email Ivy Young at iyoung@gael.org if you have any registration questions. Topics include criminal justice reform, legislative ethics reform, and the future of transportation initiatives in Georgia. Panelists include leaders in the political, legal and legal spheres of the state. 20 Lathrop vs Deal 301 Ga. 408 (2017) “Simply put, the constitutional doctrine of sovereign immunity prohibits our courts from bringing an action against the state without its consent.” 26 What is left alive for next year? Benefits, Benefits, Benefits Health Insurance TRS Payroll State Nepotism Act When will the board member be disqualified? What are system administration staff? Can we do without it for each district? 12 Georgia Court of Appeals: Henry County Vol.

of Educ. v. S.G. (2016) “The local council, through its actions and arguments, has demonstrated a policy of excluding students from fighting on school grounds, whether or not the student acted in self-defense. The rejection of S.G.`s defence of justification by the local board complies with this zero-tolerance policy, is inconsistent with the requirements of OCGA Article 16-3-21(c), is not supported by the protocol, and therefore constitutes an abuse of authority. Accordingly, we confirm that the Supreme Court overturned the local council`s decision. 22 Barnett vs. Atlanta Independent School System Ga.SCt – 28. January 2018 “Even in the context of duties that are generally at one`s discretion, a written (or unwritten) policy, a specific directive from a supervisor or legislation may establish a ministerial function – but only if the guidelines are so clear, unambiguous and secure that they merely provide the performance of a specific function, task or action, simple, absolute and defined in a particular situation without any exercise of discretion. 25 Barnett, footnote 2: “An obligation is discretionary or not, and a public servant cannot change that fact by doing it right, badly or not at all. Our constitution itself requires this result. “This is not to say that there could never be a student supervision policy so clear that the action of a school employee becomes ministerial.

21 Proposal and previously rejected HB 674 Waiver of sovereign immunity For injunctions and declaratory actions that “act without legal authority and beyond the scope of public authority and violate any provision of the Constitution, state law or local ordinance No exemption from monetary claims or attorneys` fees No waiver of contractual claims No waiver of prisoners or persons in psychiatric institutions 16 Supreme Court of Georgia: Henry County Vol. of Educ. v. S.G. (2017) Setting aside the Court of Appeal`s decision that the burden of proof was on the school The student had to prove that he was acting in self-defence Returned to local council for further consideration Used the “absence of evidence” rule to overturn the LBOE or address the issue of self-defence 4 Other remedies Article 1983 – District claim requires policy, practice or custom; Complaints against individuals require a shocking conscience or clear discrimination; Individual complaints include complaints from state whistleblowers – not direct harassment, but harassment reports; District claims only; damage to the open air; State Court, not Federal Court Chapter 4: Enforcement 4 How can disputes be resolved privately? 10 O.C.G.A. (c) Any rule, ordinance or policy of any agency of the State, or any order, resolution, rule, by-law or policy of any county, municipality or other political division of the State that conflicts with this section of the Code is null and void and of no effect. © Southwest| Cengage Learning Objectives 2011 LESSON 1.1 LAW, JUSTICE AND ETHICS Recognizing the difference between law and justice Apply ethics to staff. 28 Fall Legal WorkshopNovember 5, 6 and 7, 2018 Georgia Center Athens, Georgia JUST ONE OF THE YEAR! The GAEL 2022 Fall Conference on Legal Issues will take place November 2-4, 2022 at the Classic Center in Athens, GA.

13 Supreme Court of Georgia: Henry County Vol. of Educ. v. S. GGeorgia Supreme Court: Henry County Vol. of Educ. v. S.G.

(2017) The Bottom Line “It is certainly true in criminal proceedings that once a defendant presents sufficient evidence to make a claim of self-defense, the state must rebut that defense beyond a reasonable doubt. But a local school board disciplinary proceeding is a civil, not a criminal proceeding. Thus, while self-defence may be invoked as a defence to disciplinary allegations, this does not alter the rule that the burden of proof for affirmative defence in civil proceedings lies with the party asserting it. ____ the evidence shows that S.G. was not the perpetrator. Therefore, she had no obligation to withdraw before she had the right to use force to protect herself. Although the other student took a step back from S.G. The first blow was preceded by the aggressive behavior of the other student.

[Georgian law] did not require that S.G. be beaten first before defending herself; S.G. did not need to have lost the fight to invoke self-defence. The fact that an individual prevails over an aggressor does not make his actions illegal. Therefore, the evidence does not support the local board`s reasons for “implicitly denying” S.G.`s justification defence on the ground that she was involved in mutual struggles and did not withdraw. U.S. Government and Organization PS1301 Wednesday, April 21. 9 O.C.G.A.

(a) Every person has the right to threaten or use force against another person if and to the extent that he has reason to believe that such threat or force is necessary to defend himself or a third person against the imminent use of unlawful force by that other person. Bakersfield City School District April No. Exclusion from compulsory education is limited to minors or minors. 27 more. HB 32, which criminalizes any county employee from having sexual contact with students HB 217, Increase in income tax credit limit for donations to scholarship organizations HB 482, Scholarship Act HB 740, Screening of K-3 students prior to suspension SB 152, limiting the length of time the student can be assigned to an alternative school HB 159 – Adoption Act, Added with POA for parents 5 What can you do? Know your policies and when they apply; GAAA, GAEBFollow and implement policies Understanding the difference between supervisor/employee and peer/peer Training supervisors on grievance rules and procedures 24 Barnett, continued: “Of course, public servants are still subject to workplace policies and can suffer a number of consequences if they violate those policies. But the verdict of the Georgian constitution is that official immunity will protect those who make bad decisions, also protect those who make good decisions, and ensure that officials can perform their daily service to the people of this state without fear of litigation. « 1 GAEL Winter Conference Legal Issues January 30, 2018Phillip L. Hartley Harben, Hartley & Hawkins, LLP 340 Jesse Jewell Parkway, Suite 750 Gainesville, Georgia 30501 Phone: (770) Fax: (770) 7 So what about LGBT issues? DOJ reverses policy regarding Title VII and the government`s enforcement Evans v. Georgia Regional Hospital, (11th Cir. 2017) – discrimination based on gender nonconformity, which is prohibited by Title VII – based on sexual orientation is not definitively determined by the USSC on the basis of 14.

Decided Does it really matter? 18 What do we do? Carefully review codes of conduct to ensure that any proposals for “zero tolerance” or incompatibility with the law on self-defence are removed In the courts – be prepared to prove and argue why a claim for self-defence is not applicable If self-defence is done, the court must explicitly reject the claim, that is: “The court considered the student`s request for self-defence and rejected that claim. establishing that the student committed the crimes alleged in the indictment.” CHAPTER 3 Judicial Systems 3-1 Forms of Dispute Resolution 15 Supreme Court of Georgia: Henry County Vol.