The Educator's Guide to Texas School Law

Jim Walsh is a cofounder of Walsh, Gallegos, Trevino, Russo & Kyle, P.C.; author of the Law Dawg Ed Daily; a director of the National Council of School Attorneys, and a recipient of the Kelly Frels Lifetime Achievement Award from the School Law Section of the State Bar of Texas. Laurie Maniotis is an attorney and the Senior Employment Investigator for the City of Fort Worth. She formerly practiced education law and served as the editor of the Texas School Administrator's Legal Digest. Frank Kemerer is Regents Professor-Emeritus of Education Law and Administration at the University of North Texas and founder of the Texas School Administrators’ Legal Digest.

Ninth Edition
Preface
1. An Overview of Education Law, Texas Schools, and Parent Rights

Sources of Law

Constitutional Law
Statutory Law
Administrative Law
Judicial Law


The Structure and Governance of the Texas School System

Texas Legislature
State Board of Education and the Texas Education Agency
Local School Districts
Charter Schools
Districts of Innovation
Private Schools
School Administrators
District- and Campus-Level Decision-Making


How the U.S. Constitution and Federal Government Affect Texas Schools

Key Provisions of the U.S. Constitution
Important Federal Statutes


School Finance
Parent Rights

Rights within Public Schools
Choosing Private Schools
Educating Children at Home


Summary


2. Student Attendance and the Instructional Program

Attendance

Impermissible Discrimination
Residency, Guardianship, and the Right to Attend a District's Schools
The Compulsory School Attendance Law
Kindergarten and Prekindergarten Programs
Absences


Maintaining a Safe School Environment
The Instructional Program

The Required Curriculum
Student Assessment
School District Accountability
The Every Student Succeeds Act (ESSA)
Removal of Objectionable Library and Study Materials
Technology at School: Computers, the Internet, and Cell Phones
The Federal Copyright Law


Extracurricular Activities and the UIL
Addressing the Needs of Special Groups

At-Risk Children
Bilingual Children
Gifted Children
Abused and Neglected Children


Summary


3. Special Education

The Jargon of Special Education
Federal Legislation

Child Find, RtI, and a Major Controversy
Evaluation
Eligibility
ARD Committee
Individualized Education Program
General Curriculum
Statewide Assessments
Least Restrictive Environment
Procedural Safeguards
Attorneys' Fees
FAPE
Related Services
Extended School Year Services
Unilateral Placements
Private-School Children


Discipline of Students with Disabilities

Expulsion
Stay Put
Change of Placement
Ten Days


Manifestation Determinations
Section 504 of the Rehabilitation Act of 1973
Summary


4. The Employment Relationship

Constitutional Issues

Due Process of Law
How Much Process Is Due?


Types of Employment Arrangements

At-Will Employment
Non–Chapter 21 Contracts
Probationary Contracts
Term Contracts
Continuing Contracts
Third-Party Independent Contract Educators and Retire/Rehire


Selection of Staff

Certification and the Role of SBEC
Districts of Innovation
Nondiscrimination Laws
Protected Activity
The Hiring Process
Criminal Records
Impact of Federal Law
Restrictions on Employment


Ending the Relationship

At-Will Employees
Non–Chapter 21 Contracts
Probationary Contracts
Term Contracts

Contract Nonrenewal
Contract Termination
Professional Capacity
Dual-Assignment Contracts
Remedies
Reduction in Force (RIF)


Continuing Contracts
The Independent Hearing System
A Few Final Thoughts on "Good Cause"
Constructive Discharge


Summary


5. Personnel Issues

Reassignment

The Constitutional Issues
Same Professional Capacity
Compensation Issues
Duties and Schedule
The Commissioner's Jurisdiction


Compensation Disputes
Teacher Appraisal
Employment Benefits

Districts of Innovation
Planning and Preparation Period
Duty-Free Lunch
Personal Leave
Health Insurance
Assault Leave
Teacher Retirement
Temporary Disability Leave
Family and Medical Leave Act
USERRA
Miscellaneous Leave Policies


Wage and Hour Requirements
Workers' Compensation and Unemployment Compensation
Grievances and the Role of Employee Organizations

Employee Grievances: A Little History
Hearing Employee Grievances
The Role of Employee Organizations

Collective Bargaining on the National Scene
The Law in Texas




Summary


6. Expression and Associational Rights

Educator Rights of Expression

Expression outside the School
Expression within the School

School Mailboxes
Complaints over Working Conditions
Speaking within One's Scope of Employment


Electronic Communication
Academic Freedom
Texas Whistleblower Act


Educator Freedom of Association
Student Rights of Expression

Communication among Students on Campus
School-Sponsored Student Publications
Non-School-Sponsored Student Publications and Materials
Electronic Communication


Student Freedom of Association
Summary


7. Religion in the Schools

Legal Framework

No Government Establishment of Religion
Free Exercise of Religion

Constitutional Provisions
Federal and State Statutes




Contemporary Issues

The Pledge of Allegiance
School Prayer

School-Sponsored or Employee-Led Prayer
Student-Delivered Prayer Before School Board Meetings
Silent Meditation
Invocations, Benedictions, and Religious Speeches at Graduation
Baccalaureate Ceremonies
Student-Initiated Prayer at School, Extracurricular Activities, and Athletic Events


Teaching Creation-Science
Secular Humanism and Pagan Religion
Religion in Classrooms, Choir Programs, and Holiday Observances

Teaching about Religion
Student Papers and Presentations on Religious Topics
Choir Programs and Holiday Observances


Clergy in the Schools
Distribution of Religious Literature
Wearing Religious Symbols
Student Religious Groups Meeting on Campus
Religious Exemptions
Assistance to Sectarian Private Schools


Summary


8. Student Discipline

Constitutional Concerns: Due Process
Other Fundamental Issues
Chapter 37: An Overview

Student Code of Conduct
Campus Behavior Coordinators
Bullying
Teacher-Initiated Removal
Suspension
Removal to a DAEP

Mandatory Placements
Discretionary Placements
Procedure
Life in a DAEP


Expulsion

Grounds
Procedures


Emergency Actions
Interaction with Law Enforcement


Other Disciplinary Practices

Corporal Punishment
Suspension from Extracurricular Activities


A New Approach?
Summary


9. Privacy Issues: Community, Educators, Students

The Legal Framework

The U.S. Constitution
Federal Statutes
State Law


The Texas Open Meetings and Public Information Acts

Texas Open Meetings Act

Meetings and Quorums
Notice
Emergency Meetings or Additions to Agenda
Closed Sessions
Tape Recordings and Certified Agendas
Meetings by Telephone and Videoconference Call
Internet Broadcast
Violations
Criminal Provisions


Texas Public Information Act

Items That Must Be Disclosed
Items Exempt from Disclosure
Personal Information
Applicants for Superintendency
Criminal History Information, Witness Statements, and Investigative Reports
Inter- or Intraagency Memoranda
Student Records
Other Items
Production of Records




Educator Privacy Rights

Lifestyle Issues
Employee Drug Testing
Personnel Records and Employee References
Search of School Computer Files and Pagers
Search of File Cabinets


Student Privacy Rights

Student Personal Privacy
Student Records

Parent Rights
Education Records
Disclosure of Records
Recordkeeping
Violations


Child Custody Issues


Student Dress and Grooming
Student Search and Seizure

Standards for Student Searches
Strip Searches
Use of Magnetometers, Metal Detectors, and Breathalyzers
Locker and Desk Searches
Search of Cell Phones and Electronic Communications
Use of Sniffer Dogs to Conduct Searches
Student Drug Testing


Summary


10. Legal Liability

Identifying Areas of Legal Liability
State Torts

School District Immunity
Governmental Immunity and Contract Cases
Qualified Immunity for Public School Professional Employees
The Special Case of Corporal Punishment and Physical Force
Law and the School Counselor
A Word About Charter Schools


Federal Civil Rights Liability

Governmental Liability
Individual Liability
Personal Injuries and the Constitution

A Federally Protected Right
The District Itself Is Responsible
More Than Negligence
A New Theory


Liability under Federal Statutory Law


Summary


Appendixes

A.How to Find and Read a Court Case
B.Glossary of Legal Terminology
C.Reference Sources


Index of Cases
Index of Topics