Blog, Education Law
Navigating the Legal Issues of School Attendance & Student Engagement
The virtual educational environment has presented significant challenges for attendance and engagement of students. Schools must follow the law regarding attendance and truancy reporting requirements, whether students are participating in on-site or off-site learning. The importance placed on attendance is well founded. “Showing up” is a critical indicator of student success and determines funding through the bi-annual “Average Daily Membership” count. How do attendance policies work? Any person between the ages of seven and 18 is bound by the state’s compulsory attendance requirements, unless the individual reaches the age of 16 and meets the legal prerequisites to withdraw from school prior to graduation. Students who accumulate 10 or more unexcused absences are considered to be habitually truant. Students who accumulate 10 or more absences — excused or unexcused — are considered to be chronically absent. School leaders must report students falling into these categories to juvenile courts where the truant student may face legal consequences. The measuring of chronic absenteeism aligns Indiana state law with federal laws on attendance, found in the Every Student Succeeds Act (ESSA). ESSA’s provisions require that states adopt an indicator for accountability, such as chronic absenteeism. While rare, prosecutors may bring misdemeanor charges against a parent who commits educational neglect by failing to send their child to school. Charges may not be brought until the parent has notice and the child has not returned to school the following day. Convictions for committing educational neglect range from 180 days of jail time to fines of up to $1,000 per day. Students who…
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Blog
2020 Recap & What’s Next for KGR in 2021
Within the firm, partner Brian Bosma retired from his selfless (and remarkable!) 30 years of service in the Indiana General Assembly, 12 of which he served as Speaker of the House. We are thrilled to have him continue his service to KGR’s clients. Séamus Boyce joined KGR as we entered the summer, bringing his innovative education law practice and legislative services. We added law clerk Molly Connor a short while later, working with Séamus to advocate for our education clients. Susie Stroud joined as the cheerful face and voice of KGR, starting as our receptionist in July. Even though she has opted to depart so she and her husband can travel in retirement, she’s left a lasting impact! We bid bittersweet but fond farewells to valued team members. Senior Associate Mandy Stafford, who returned to KGR from an in-house counsel role, accepted a new in-house position out-of-state. Associate Portia Bailey-Barnard has assumed the position of Vice President of Indianapolis Economic Development with the Indy Chamber of Commerce. As the year concluded and we turned into 2021, we added two new associates. Adam Doerr brought his five years of focused litigation experience to our business litigation team. Taylor Hunter joined us after four years of practice with one of the country’s largest law firms and adds additional focus to our expanding education team, including her experience with collective bargaining on behalf of education clients and litigating employment matters. Meanwhile, Jay Kennedy and Lisa Hughes celebrated 40 years at KGR. What a milestone and reflection of dedication to…
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Letters of Intent: Binding or Non-Binding
When should you call your attorney in regards to an LOI? Here are questions to consider. business sale – whether it’s a piece of real estate or a whole business – begins as an idea while financial and strategic information is gathered. It then starts to form into a mutual interest where the owner wants to sell for a price the other party thinks they might pay. This often results in a letter of intent or LOI. The LOI is intended to set out the principal terms of the proposed transaction and define what needs to be investigated and confirmed to consummate the deal. Usually an LOI comes after some preliminary investigation by the buyer. An LOI that precedes any investigation will usually be too vague to be of much use. That is, unless the buyer is already engaged in the same business and is familiar with just what it needs to complete the transaction. So what do buyers and sellers need to consider in deciding to use an LOI? First Question: Are the parties in a hurry? The time spent drafting an LOI could be better spent just drafting the purchase agreement, which must follow. An LOI and a purchase agreement are distinctly different animals, so there are definitely additional costs in the two-step process. Yet in complex transactions, much time can be wasted if the parties didn’t identify their main concerns in an LOI. Second Question: Is the LOI to be binding, non-binding or partially binding? Seventh Circuit Judge Frank Easterbrook described the recurrent…
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