Educator's Guide to Texas School Law / Edition 6

Educator's Guide to Texas School Law / Edition 6

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by Jim Walsh
     
 

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ISBN-10: 0292706634

ISBN-13: 2900292706636

Pub. Date: 07/28/2005

Publisher: University of Texas Press

For over twenty years, The Educator's Guide to Texas School Law has been the preeminent source for information on Texas school law for the state's education community. The sixth edition is the latest in a series of revisions designed to keep the book current, comprehensive, and readable. Readers will find a number of changes in the new edition. First

Overview

For over twenty years, The Educator's Guide to Texas School Law has been the preeminent source for information on Texas school law for the state's education community. The sixth edition is the latest in a series of revisions designed to keep the book current, comprehensive, and readable. Readers will find a number of changes in the new edition. First and foremost, the immensely important No Child Left Behind Act has been incorporated at various points in the text, particularly in discussions pertaining to accountability, assessment, and school safety. Other changes include an expanded discussion of charter schools, school uniform policies, and student drug testing programs. Employment issues are now addressed in two chapters, one dealing with contractual matters and the other with personnel management. The new edition includes all legislative developments, relevant federal and state court rulings, and Texas Commissioner of Education decisions to date.

In its ten chapters, The Educator's Guide discusses a myriad of topics relating to the legal structure of the Texas school system, attendance law and the instructional program, the education of children with disabilities, employment law, rights of expression and association, the role of religion, student discipline, open meetings and public records, privacy issues, student search and seizure, and legal liability of school districts and employees.

Product Details

ISBN-13:
2900292706636
Publisher:
University of Texas Press
Publication date:
07/28/2005
Series:
Educator's Guide to Texas School Law Series
Edition description:
New Edition
Pages:
499

Related Subjects

Table of Contents

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
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 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
Summary
3. 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 RestrictiveEnvironment
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
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
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
Summary
5. 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
Summary
6. 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
Summary
7. 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
Summary
8. 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
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
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
Summary
10. 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
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

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The Educator's Guide to Texas School Law 5 out of 5 based on 0 ratings. 1 reviews.
TexasTea More than 1 year ago
This book lets the reader be informed of many of the standards set today in Texas education. An administrator must have read this book in order to be certified. Great resource for teachers and parents today.