ALSO INSIDE: Cryptocurrency Update • New Member Benefits OBA Website to Be Upgraded • Board of Governors Vacancies Volume 89 — No. 20 — August 2018 EDUCATION LAW contents August 2018 • Vol. 89 • No. 20 THEME: EDUCATION LAW Editor: Luke Adams FEATURES PLUS 6 Navigating FERPA to Access 40 Financial Institutions and Commercial Law Student Records Section Note: Update to Cryptocurrency Article BY JESSICA SHERRILL BY FRED H. MILLER 10 A Primer on Disability Accommodation 45 Six New OBA Member Benefits Focus on in Higher Education Practice Management BY MICHAEL J. DAVIS BY JIM CALLOWAY 18 Student Protests in the Era of 46 New www.okbar.org: More Than Just a Facelift ‘Parkland’ and Black Lives Matter BY LAURA STONE BY BRANDON CAREY 48 A Lawyer’s Personal Story: An Illness No 24 The Legal Issues Associated With a One Talks About Teacher Work Stoppage BY JULIE L. MILLER, ROONEY VIRGIN 50 OBA Nominating Petitions and Board AND KIM BISHOP of Governors Vacancies 28 Suspension and the Special 51 Photo Highlights: Sovereignty Symposium XXXI Education Student BY DAVID BLADES 34 Legal Representation of a Public School District in Oklahoma BY JULIE L. MILLER, JESSICA SHERRILL, ROONEY VIRGIN, KIM BISHOP AND BRANDON CAREY DEPARTMENTS 4 From the President 54 From the Executive Director PAGE 45 – New Member Benefits 56 Law Practice Tips 60 Ethics & Professional Responsibility 62 Board of Governors Actions 69 Oklahoma Bar Foundation News 72 Young Lawyers Division 74 For Your Information 77 Bench and Bar Briefs 79 In Memoriam 81 Editorial Calendar 82 What’s Online 88 The Back Page PAGE 48 – An Illness No One Talks About FROM THE PRESIDENT You Can Be A Superhero HO IS YOUR FAVORITE SUPERHERO? I find it In Oklahoma a large percentage of the Wa challenge to select just one: Superman, Batman, population has unmet legal needs because Supergirl, Captain America, Wonder Woman, Power they are unable to find or afford legal assis- Rangers, Teenage Mutant Ninja Turtles, X-Men, Avengers tance. Legal Aid Services of Oklahoma must or the Incredibles. A superhero is defined as “a fic- turn away more than 50 percent of those who tional hero having extraordinary or superhuman pow- qualify for its services. As a result, many ers; also: an exceptionally skillful or successful person.”1 low-income Oklahomans face an impossible Based on this definition, all attorneys have earned the choice – try to represent themselves or sim- title of superhero. As attorneys, we are exceptionally skillful ply walk away from the relief and justice to based on our knowledge of the law. When is the last time which they would otherwise be entitled. As you put on your “superhero” cape or costume? The OBA is attorneys, we have the exceptional skills to here to help! You can proudly help our fellow Oklahomans. claim your superhero status Thank you to the 99 Oklahoma by registering as a volunteer superheroes who have attorney for Oklahoma Free I believe we are blessed already registered and Legal Answers. participated in Oklahoma The Oklahoma Access to have the opportunity to Free Legal Answers! to Justice Commission, During the month of American Bar Association practice law, and we should May, 1,263 questions were and the OBA have joined submitted with 35 percent forces to offer an interac- in the category of family/ tive website to provide free give back to our community divorce/custody, 13 percent legal information to needy in the category of landlord/ Oklahoma citizens. The best and state by helping those tenant and other categories news for your new super- included wills/inheritance, hero status is that you can who are less fortunate. debts, bankruptcy, personal help fellow Oklahomans injury, contracts, employment/ without leaving your office, and you remain anonymous labor law and many other areas of law. (always important for a superhero). Register online as a Oklahoma Free Legal Answers offers all volunteer attorney, aka superhero, by going to Oklahoma. attorneys the opportunity to flex those freelegalanswers.org and clicking on Volunteer Attorney legal superhero muscles! Registration. It’s really easy. I believe we are blessed to have the Here is how it works. Qualifying opportunity to practice law, and we should Oklahomans post civil legal questions give back to our community and state by on the website and receive basic legal helping those who are less fortunate. Let’s information and advice from approved double the number of the current volunteer volunteer attorneys. All attorney vol- attorneys in the next 30 days! I challenge unteers are covered by a professional you to register TODAY as a volunteer. Next, liability insurance policy purchased you can order your new superhero costume by the ABA. You select the areas of law – hopefully, it is eligible for Amazon Prime where you can exercise your super- – and then start answering legal questions. powers (answering a legal question). By giving just a little of your time, you will You choose to accept only the ques- be offering Oklahomans a positive super- tions for which you feel comfortable hero image of our legal profession. providing help and then you have 24 President Hays practices in Tulsa. hours to post an answer. Most attor- ENDNOTE [email protected] neys compose a response in less than 1. Merriam-Webster.com. Merriam-Webster, n.d. Web. 2 918-592-2800 half an hour. July 2018. 4 | AUGUST 2018 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2018 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Volume 89 — No. 20 — August 2018 Board of Governors, Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or JOURNAL STAFF BOARD OF EDITORS implied by publication. Advertisers are solely JOHN MORRIS WILLIAMS MELISSA DELACERDA, Stillwater, Chair responsible for the content of their ads, and Editor-in-Chief the OBA reserves the right to edit or reject [email protected] LUKE ADAMS, Clinton any advertising copy for any reason. Legal articles carried in THE OKLAHOMA CAROL A. MANNING, Editor CLAYTON BAKER, Vinita BAR JOURNAL are selected by the Board of [email protected] Editors. Information about submissions can AARON BUNDY, Tulsa MACKENZIE SCHEER be found at www.okbar.org. Advertising Manager PATRICIA A. FLANAGAN, Yukon [email protected] BAR CENTER STAFF AMANDA GRANT, Spiro John Morris Williams, Executive Director; LACEY PLAUDIS Gina L. Hendryx, General Counsel; Joe Communications Specialist C. SCOTT JONES, Oklahoma City Balkenbush, Ethics Counsel; Jim Calloway, [email protected] Director of Management Assistance Program; ERIN MEANS, Moore LAURA STONE Craig D. Combs, Director of Administration; Communications Specialist SHANNON L. PRESCOTT, Okmulgee Susan Damron, Director of Educational [email protected] Programs; Beverly Petry Lewis, Administrator LESLIE TAYLOR, Ada MCLE Commission; Carol A. Manning, Director of Communications; Robbin Watson, Director of Information Technology; Loraine Dillinder Farabow, Peter Haddock, Tracy Pierce Nester, Katherine Ogden, Steve OFFICERS & Sullins, Assistant General Counsels BOARD OF GOVERNORS Les Arnold, Gary Berger, Debbie Brink, Melody Claridge, Cheryl Corey, Ben Douglas, KIMBERLY HAYS, President, Tulsa; RICHARD Dieadra Florence, Johnny Marie Floyd, Matt STEVENS, Vice President, Norman; CHARLES W. CHESNUT, Gayle, Suzi Hendrix, Debra Jenkins, Rhonda President-Elect, Miami; LINDA S. THOMAS, Immediate Past Langley, Jamie Lane, Durrel Lattimore, President, Bartlesville; MATTHEW C. BEESE, Muskogee; JOHN W. Ramey McMurray, Renee Montgomery, COYLE III, Oklahoma City; MARK E. FIELDS, McAlester; KALEB K. Whitney Mosby, Lacey Plaudis, Tracy Sanders, HENNIGH, Enid; BRIAN T. HERMANSON, Ponca City; JAMES R. Mackenzie Scheer, Mark Schneidewent, Laura HICKS, Tulsa; ALISSA HUTTER, Norman; JAMES L. KEE, Duncan; Stone, Margaret Travis, Krystal Willis, Laura BRIAN K. MORTON, Oklahoma City; JIMMY D. OLIVER, Stillwater; Willis, Jennifer Wynne & Roberta Yarbrough BRYON J. WILL, Yukon; D. KENYON WILLIAMS JR., Tulsa; Oklahoma Bar Association 405-416-7000 NATHAN D. RICHTER, Mustang, Chairperson, OBA Young Lawyers Division Toll Free 800-522-8065 FAX 405-416-7001 The Oklahoma Bar Journal (ISSN 0030-1655) is published three times Continuing Legal Education 405-416-7029 a month in January, February, March, April, May, August, September, Ethics Counsel 405-416-7055 October November and December and bimonthly in June and July by General Counsel 405-416-7007 the Oklahoma Bar Association, 1901 N. Lincoln Boulevard, Oklahoma Lawyers Helping Lawyers 800-364-7886 City, Oklahoma 73105. Periodicals postage paid at Oklahoma City, Mgmt. Assistance Program 405-416-7008 Okla. and at additional mailing offices. Mandatory CLE 405-416-7009 Board of Bar Examiners 405-416-7075 Subscriptions $60 per year except for law students registered with Oklahoma Bar Foundation 405-416-7070 the OBA and senior members who may subscribe for $30; all active members included in dues. Single copies: $3 Postmaster Send address changes to the Oklahoma Bar Association, www.okbar.org P.O. Box 53036, Oklahoma City, OK 73152-3036. THE OKLAHOMA BAR JOURNAL AUGUST 2018 | 5 6 | AUGUST 2018 THE OKLAHOMA BAR JOURNAL EDUCATION LAW Navigating FERPA to Access Student Records By Jessica Sherrill S ATTORNEYS, WE KNOW THE IMPORTANCE OF DOCUMENTATION. When it Acomes to matters involving children, it is common for educational records to be uti- lized. It is important to understand the application of Oklahoma law1 as well as federal law, specifically FERPA, when it comes to which records are deemed as educational records versus directory information. Some records are available to any patron while others require parental consent,2 and some are only accessible via court order. This article will delve into each have access to review, request cannot itself waive any student’s area and provide you with guid- records be amended and control FERPA protection as it is not the ance on which records might be disclosure to other persons.