Family Law for School Employees: Who's the Parent and Why It Matters

School employees encounter students from a wide array of backgrounds and families… those whose parents are divorced, those who live with individuals other than their parents, those who are in the foster care system, those whose parents are incarcerated, those who are living on their own, students who are homeless, etc.  It is often difficult to know what rules apply in different, sometimes very complicated, situations.  Issues related to a child’s family can be tricky, not only because of the many different types of families and living situations involved, but also because of the number of different state and federal laws that could potentially be implicated.  This session provides a practical approach to determining who has rights with regards to a student and what role non-parents may play in the education of a child.   ALL school employees need this training!

About the Program:

In this session, Atty. Erin D. Gilsbach takes a legally-complex subject and distills it into clear, understandable, and practical information and tools that schools can use to ensure that they are effectively meeting the needs of all students while protecting their rights.  This session is ideal for all public and non-public school employees, including public, non-public and charter school teachers, administrators, guidance counselors, school nurses, school psychologists, coaches/activities coordinators, and other school personnel.  This is a practical guide to a typically confusing topic, and Atty. Gilsbach provides informational graphics, quick-reference guides, procedural tips, and memorable case studies to ensure that the information learned in this session will not be easily forgotten.  ALL school employees need this training!

This session will provide a discussion of, as well as tips, tools, and best practices regarding the following topics:

·       Common custody-related issues and custodial rights of divorced/separated parents;

• How to schools should be handling Protection from Abuse (PFA) orders;
• Who has the authority for each of the following and which laws apply:
• Making medical decisions / Consent to non-emergency medical treatment on behalf of a child
• Making educational decisions on behalf of a child
• Viewing records and/or receive confidential information from student records
• Consenting to special education services (including related services that may involve the nurse) under the IDEA
• Taking physical possession of the child
• Waiving a child’s rights?
• Releasing a party of liability on behalf of a child
• Providing emergency care/services to a child

About the Presenter:

Erin D. Gilsbach, Esq. is the Executive Director of EdLaw Interactive (edlawinteractive.com).  An experienced speaker at the state and national levels on matters regarding school law and a frequent author on education law topics, Atty. Gilsbach provides a wide variety of training programs, as well as legal consulting services, to school districts, charter schools, non-public schools, and education-related organizations.  A former high school English teacher who served for over two years at the PA Dept. of Education’s Office of Chief Counsel, Atty. Gilsbach was voted by her peers as a SuperLawyers “Rising Star Attorney” for 5 consecutive years.  She currently services as the Immediate Past-President of the Pennsylvania School Boards Association (PSBA) Solicitor’s Association, and is a member of the Board of Directors of the National School Boards Association (NSBA) Council of School Attorneys (COSA).  She is an active member of and frequent presenter and author for NSBA, COSA, PSBA, the National Business Institute (NBI), LRP’s National Institute, and the Education Law Association (ELA).  Attorney Gilsbach was named the 2018 Distinguished Speaker at the annual Missouri Council of Administrators of Special Education.  Atty. Gilsbach has authored a book on public school obligations to students with medical needs, which is scheduled to be published by LRP publications in the summer of 2019.