The Educator's Guide to Texas School Law

Jim Walsh is a cofounder of Walsh, Anderson, Gallegos, Green and Trevino, P.C. in Austin; managing editor of the Texas School Administrators' Legal Digest; and editor-in-chief of Texas School Business magazine. 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. He lives in San Diego, California. Laurie Maniotis is an attorney who investigates employment discrimination claims for the City of Fort Worth.

Preface1. 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 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 Summary2. Student Attendance and the Instructional Program Attendance Impermissible Discrimination Residency and Guardianship The Compulsory School Law Absences Maintaining a Safe School Environment The Instructional Program The Required Curriculum Student Assessment School District Accountability The Effect of the No Child Left Behind Act Removal of Objectionable Library and Study Materials Computers and the Internet 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 Summary3. Special Education The Jargon of Special Education Federal Legislation Child Find Evaluation Eligibility ARD Committee Individualized Education Program General Curriculum NCLB and 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 Section 504 of the Rehabilitation Act of 1973 Summary4. 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 Selection of Staff Certification and the Role of SBEC Nondiscrimination Laws The Hiring Process Criminal Records The Impact of NCLB Restrictions on Employment Ending the Relationship At-Will Employees Non/-Chapter 21 Contracts Probationary Contracts Term Contracts Continuing Contracts Third-Party Independent Contractors The Independent Hearing System A Few Final Thoughts on "Good Cause" Constructive Discharge Summary5. Personnel Issues Reassignment Compensation Disputes Teacher Appraisal Employment Benefits Planning and Preparation Period Duty-Free Lunch Personal Leave Health Insurance Assault Leave Teacher Retirement Temporary Disability Leave Family and Medical Leave Act 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 Summary6. Expression and Associational Rights Educator Rights of Expression Expression outside the School Expression within the School Academic Freedom Texas Whistle Blower Act Educator Freedom of Association Student Rights of Expression Communication among Students on Campus School-Sponsored Student Publications Non-School-Sponsored Student Publications Student Freedom of Association Summary7. Religion in the Schools Legal Framework No Government Establishment of Religion Free Exercise of Religion Contemporary Issues The Pledge of Allegiance School Prayer School-Sponsored or Employee-Led Prayer 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 Holiday Observances Clergy in the Schools Distribution of Religious Literature Wearing Religious Symbols Student Religious Groups and the Equal Access Act Religious Exemptions Assistance to Sectarian Private Schools Summary8. Student Discipline Guidelines for Rule Making Rules Must Have a Rational Purpose The Meaning of Rules Must Be Clear Rules That Relate to Protected Behavior Must Be Carefully Developed Rules That Apply Off Campus Must Be Carefully Worded and Applied Rules Must Be Consistently Enforced Due Process Generally Chapter 37: An Overview Student Code of Conduct Teacher-Initiated Removal Suspension Removal to a DAEP At School Off-Campus Conduct Procedure Life in a DAEP Expulsion Grounds Procedures Emergency Actions Interaction with Law Enforcement Initial Intervention Strategies Corporal Punishment Suspension from Extracurricular Activities Summary9. 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 Texas Public Information Act Educator Privacy Rights Lifestyle Issues Employee Drug Testing Personnel Records and Employee References School Computer Use Student Privacy Rights Student Personal Privacy Student Records Child Custody Issues Student Dress and Grooming Student Search and Seizure Standards for Student Searches Locker and Desk Searches Use of Sniffer Dogs to Conduct Searches Strip Searches Student Drug Testing Use of Magnetometers, Metal Detectors, and Breathalyzers Summary10. Legal Liability Identifying Areas of Legal Liability State Torts School District Immunity Sovereign Immunity and Contract Cases Qualified Immunity for Public School Professional Employees The Special Case of Corporal Punishment Law and the School Counselor Federal Civil Rights Liability Governmental Liability Personal Injuries and the Constitution Individual Liability Liability under Federal Statutory Law SummaryAppendixes A. How to Find and Read a Court Case B. Glossary of Legal Terminology C. Reference SourcesIndex of CasesIndex of Topics