H561 - School System Authority Re: Legal Proceedings. (SL 2016-116)

Overview: S.L. 2016-116 permits, effective October 1, 2016, a state or federal administrative agency with a quasi-judicial function or a court of law to inspect confidential portions of a school employee's personnel file if all of the following apply:

• A current or former employee has filed a claim against the local board of education or a school official or employee for any alleged act or omission arising during the course and scope of the employee's official duties or employment.
• In the discretion of the superintendent or superintendent's designee, disclosure is necessary to adequately defend against the employee's claim.
• Disclosure is limited to that employee's records, and only to the extent necessary for the defense of the local board of education.

The act also provides, effective October 1, 2016, that local boards of education can request the chief district court judge or designee to grant approval for the local board to issue subpoenas for the production of all tangible items in matters where an employee is suspected of committing job-related misconduct and which, in the discretion of the local board, requires investigation. In making the determination to approve the subpoena, the judge must consider the following:

• Whether there is reasonable time for compliance.
• If disclosure of privileged or other protected matter is required and if any exceptions apply to the privilege or protection.
• Whether the person would be subject to undue burdens or expenses.
• Whether the subpoena is otherwise unreasonable or oppressive.

The act also directs the Program Evaluation Division to study the statutory procedures for resolving education funding disputes between local boards of education and boards of county commissioners. The study must include a historical review of funding requests and appropriations; fund balances; past use of mediation and litigation; current impacts on county budgeting procedures; dispute resolution processes in other states where local boards of education are fiscally dependent on other local governments; alternative ways for local boards of education to receive local funds; and recommendations for alternative ways to resolve education funding disputes or modifications to the current process.

Except as otherwise provided, this act became effective July 28, 2016.