The Educator's Guide to Texas School Law: Eighth Edition

The Educator's Guide to Texas School Law: Eighth Edition

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Product Details

ISBN-13: 9780292760868
Publisher: University of Texas Press
Publication date: 09/15/2014
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 504
Sales rank: 547,101
File size: 4 MB

About the Author

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.

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, 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 Effect of the No Child Left Behind Act
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
Evaluation
Eligibility
Response to Intervention (RtI)
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
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
Nondiscrimination Laws
Protected Activity
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
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
Reassignment of the Superintendent
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
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
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
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 Meeting on Campus
Religious Exemptions
Assistance to Sectarian Private Schools
Summary
8. Student Discipline
Constitutional Concerns: Due Process
Other Constitutional Issues
Overbreadth
Protected Areas
Void for Vagueness
Chapter 37: An Overview
Student Code of Conduct
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
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
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
Personal Information
Criminal History Information, Witness Statements, and Investigative
Reports
Inter- or Intraagency Memoranda
Student Records
Other Exempt 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
Sovereign 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
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
Tables
1. Basic Components of Texas Education Law
2. Relationship of Law to Establishment and Operation of Texas
Public Schools
3. School Finance at a Glance
4. Major School Desegregation Decisions, 1954–2007
5. Complying with Copyright Guidelines
Figures
1. The Overall Structure of Texas Administrative Law
2. Geographic Jurisdiction of U.S. District Courts in Texas

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