2024 NSAA Conference Agenda


Thanks to our Sponsors!

- Diamond -

Thompson & Horton LLP Attorneys | Counselors

- Platinum -

Walsh Gallegos Kyle Robinson & Roalson P.C.

- Gold -

Church Church Hittle & Antrim

Indiana School Boards Association

Lewis Kappes

- Bronze - 

Ice Miller

Schwartz Law P.L.L.C.

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Please contact Sonja Trainor for more information about sponsorship or to make a donation to NSAA, a 501(c)(3) organization.

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NSAA will apply for 10 hours of CLE credit in registrants' jurisdictions.

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Wednesday, October 9, 2024

8:00 am - 11:00 am:   NSAA Board Meeting - Kentucky (NSAA board members only)

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11:00 am - 1:00 pm: State Association Counsel Work-Alike Meeting/Lunch - Michigan (state association counsel only; separate registration required)

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11:00 am - 1:00 pm:  In House Counsel Work-Alike Meeting/Lunch - Texas (in house school district counsel only; separate registration required)

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1:30 - 2:30 pm:  General Session #1 - Navigating Rising Special Education Disputes: Practical Strategies for School Attorneys - Marriott 9-10 (Floor 2)

With disputes between families and schools on the rise, school attorneys are increasingly tasked with guiding their districts through these complex challenges. In this session, Dr. Janet Decker, an attorney and education law professor, will present common case studies involving special education disputes. These real-world scenarios will pave the way for Joe Kwisz and Angie Balsley to share their practical insights. With 34 years of combined experience as special education directors and Executive Committee members of the National Council for Administrators of Special Education (CASE), Joe and Angie will offer strategies for school attorneys to effectively support their clients, ensuring student success and maintaining productive family-school relationships while mitigating future liabilities.

Angie Balsley, Founder & CEO, Unified Leadership, Immediate Past President, Indiana CASE, and Joe Kwisz, Executive Director, Old National Trail, President, Indiana CASE, Janet Decker, Associate Professor, Indiana University School of Education

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2:45 - 3:45 pm:  General Session #2 - Diversity in Public Education: The Shrinking Toolkit - Marriott 9-10 (Floor 2)

Since the 1980s, the emerging majority on the Supreme Court has been skeptical of race-conscious decision-making and outright hostile in recent years. Many viewed Students for Fair Admissions, Inc. as the last word on affirmative action in public education, but the courts continue to struggle with questions the Court left open: What is the proper standard for evaluating even color-blind admissions policies that adversely impact certain groups? Are there special considerations for military academies? Is diversity even a thing anymore? The objectives of this session are to explain where we are in the development of the law on these issues, how we got here, and what tools remain in the legal toolkit for school districts that value diversity. 

David Rubin, Busch Law Group, Metuchen, NJ 

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4:00 - 5:00 pm: General Session #3 - A 2024 Review of Federal Policy: What Happened and What Could Happen Next – Marriott 9-10 (Floor 2)

Sasha Pudelski, the Director of Advocacy for AASA, and NSAA's Sonja Trainor discuss the school law issues Congress, Agencies, and the Supreme Court have and will address in the coming year. Pudelski  will discuss the political climate on Capitol Hill, major regulations that were passed that impact the operations and finances of school districts, and how Washington insiders are preparing for 2025.  Trainor weighs in with an overview of the school-related and blockbuster cases of the Supreme Court’s previous and upcoming terms. 
Sasha Pudelski, Director of Advocacy, AASA, The School Superintendents Association; Sonja Trainor, Executive Director, National School Attorneys Association 

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5:00 - 7:00 pm: Welcome to Indianapolis Meet and Greet (Snacks + Cash Bar)

Join us for your favorite beverage and a chance to win one comp registration for next year’s Annual Conference! Must be present to win!

Thursday, October 10, 2024

7:15 - 8:15 am:   Continental Breakfast - Indiana Ballroom

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7:30 - 8:10 am:   IDEA Committee Meeting - Kentucky

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8:15 - 9:30 am: General Session #4 - Ready, Set, Go! Implementing the 2024 Title IX Regulations in the New School Year - Indiana Ballroom

You spent the summer getting ready and set to implement the new Title IX rules — now it’s time to go, or is it? This session will cover the latest intel on how the rollout of the 2024 Title IX rule is going for K-12 schools. You will learn about the practical implications of the new Title IX definitions, how the broadened scope and new process are playing out in the real world, the status of LGBTQI+ rights under Title IX, and more. Come with your questions and leave with information about the latest developments and trends to keep your legal advice on Title IX fresh. The speakers also will address how recent litigation will affect our advice to school clients. 

James Nussbaum, Church Church Hittle + Antrim, Fishers, IN; and Holly McIntush, Thompson & Horton, Austin, TX

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9:45 - 10:45 am:  General Session #5 - Managing the Delicate Relationship Between School Resource Officers and School Administrators - Indiana Ballroom
This session will provide an overview of the legal landscape on the relative roles and responsibilities of School Resource Officers and School Administrators, how to work with School Boards on crafting Intergovernmental Agreements with local law enforcement agencies, and how to ensure best practices of School Resource Officers and School Administrators to minimize legal exposure. Jennifer and Kaitlin will share recent experiences of working through a highly publicized state agency investigation on the ticketing activities of local law enforcement in a school district.

Kaitlin Atlas and Jennifer Smith, Franczek P.C., Chicago, IL

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11:00 am - Noon:  Bonus General Session - U.S. Department of Education Office for Civil Rights’ Enforcement Approach: Title IX Final Rule Enforcement – Indiana Ballroom

In the wake of multiple injunctions, rulings by courts of appeals, and state laws that may conflict, public schools are asking: How is the the Department going to approach enforcement of its Title IX Final Rule? In this session, Assistant Secretary, Office for Civil Rights, Catherine Lhamon shares OCR's approach, and takes questions about what that process will look like in various states.
 
Catherine Lhamon, Assistant Secretary, Office for Civil Rights, U.S. Department of Education, Washington, D.C.

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Noon - 12:15 pm - Introduction/Business Meeting - Indiana Ballroom

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12:15 - 2:15 pm: LUNCH on your own
  
OR 
 
BONUS SESSION
1:30 – 2:15 pm: The New Name/Image/Likeness Framework for High School Athletes - Indiana Ballroom 
Four attorneys deep in the weeds on name, image, and likeness rights will discuss how the new framework is playing out in the high school context. Grab your lunch and enjoy it as the panelists provide an insider’s look at how the recent changes allowing athletes to profit from NIL arrangements affect high school athletes and athletic programs. 
Michele Forte-Osborne, Vice President of the Eligibility Center, NCAA; John Black, National High School Athletics Federation; Katie Briles, Indiana High School Athletic Association; Kelleigh Fagan, Church Church Hittle and Antrim

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2:30 - 3:30 pm: General Session #6 - The 10 Trickiest Special Ed Rules All School Attorneys Should Know - Indiana Ballroom

Whether or not you practice in the area of special education, there are several often-overlooked provisions in the IDEA and its regulations to which all school attorneys ought to pay attention. From discipline to parent rights to records to IEP implementation, join Brandon K. Wright for this robust discussion about these special education considerations that may trip you up!

Brandon Wright, Miller, Tracy, Braun, Funk & Miller, Ltd., Monticello, IL
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3:45 - 4:45 pm: General Session #7 - Oyez! Oyez! Order in the Court: A school attorney’s 101 crash course on the intersection of school safety, criminal prosecution, and the child welfare investigation - Indiana Ballroom

A threat is made against the district, a teacher’s sexting scandal is revealed, or students are named as involved parties in a sexual assault. Outside of a Title IX investigation, what happens next? How does the school attorney interact with the police and the prosecutor’s office? What about the child welfare agency?

For some attorneys, a lack of understanding of the processes limits their comfort in serving as liaisons between the school district and local enforcement agencies. This 1-hour course, intended to be a high-level overview of the criminal and child welfare processes, will assist school law practitioners in understanding the who, what, where, how, and when? of investigations outside of the school context. The presentation will help to answer questions surrounding the timeline of criminal and child welfare investigations, the challenges and benefits of information-sharing between agencies, the influence trauma and trauma-informed responses have on prosecution outcomes, and other general information to benefit school attorneys so they may walk away with a foundational understanding of what happens after the investigation leaves the district and enters the courts.

Carmen Bloom and PSBA Staff, Pennsylvania School Boards Association

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5:00 - 6:00 pm: Annual Conference Reception - Indiana Foyer

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6:30 – 8:30 pm: Bowl & Bite at Punch Bowl Social 
THIS EVENT IS SOLD OUT. 
 
We hope you’ll join us for bowling, games, appetizers, drinks, and conversation at Punch Bowl Social! This event is limited to 30 people. 

Friday, October 11, 2024

7:15 - 8:15 am:   Continental Breakfast - Indiana Ballroom

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8:30 - 9:30 am: General Session #8  - Advising Schools on Employee Accommodation Requests  - Indiana Ballroom

Employers are fielding a fresh array of employee accommodation requests in the post-pandemic, post-Kennedy, and -Groff world. Two experienced school employment attorneys will walk through scenarios that may sound familiar – employee requests to opt out of transgender student accommodation policies,  to work from home, to pray during class, to display religious or political flags or posters, to leave early for medical treatment, and more. The presenters will provide background materials outlining the applicable statutes and case law. Bring your questions and your wisdom; this will be a lively discussion! 

Joel Aziere, Buelow Vetter Buikema Olson & Vliet, Waukesha, WI; Christopher Keeler, Fagen Friedman & Fulfrost, San Diego, CA 

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9:45 - 10:45 amGeneral Session #9 - Emerging Trends in Parental Rights Litigation - Indiana Ballroom
Embark on a journey through the dynamic landscape of parental rights in K-12 education with Julie Martin and Sara Clark as your guides. Across the nation, lawsuits have ignited, thrusting the rights, responsibilities, and decision-making authority of parents and schools into the legal spotlight. This session will examine recent cases from across the country and unravel the intricacies of the disputes and their resolutions. In this engaging discussion, Julie and Sara will share trends that transcend state boundaries and provide a comprehensive review of the complex interplay between parents and schools under the evolving legal framework.

Sara Clark, Ohio School Boards Association, Columbus, OH; and Julie Martin, Scott Scriven LLP, Columbus, OH

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11:00 am - Noon:  General Session #10 - Legal Ethics for the School Attorneys  - Indiana Ballroom

In a final session that will be both entertaining and edifying, we’ll take a close look at challenging legal ethics scenarios facing school attorneys. Messrs. Powell and Walsh are well known in our school law community for their wit and wisdom. You won’t want miss it! 

Keith Powell, Staff Attorney and General Counsel, Missouri School Boards Association, Columbia, MO; Jim Walsh, Walsh Gallegos Kyle, Robinson & Roalson Austin, TX 

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OPTIONAL, BUT ENCOURAGED - NCAA TOUR! 

It’s a 10-minute walk over to the NCAA Hall of Champions. On the first floor visitors will find trivia challenges, current team rankings and video highlights. Play, on the second level, is a fully interactive area to compete virtually and hands-on through sports simulators, a 1930s retro gymnasium, a ski simulator, and more. You can also see more through the NCAA’s virtual tour.
https://ncaahallofchampions.org/visiting-information/