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

by Jim Walsh, Sarah Orman

Overview

Much has changed in the area of school law since the first edition of The Educator’s Guide to Texas School Law was published in 1986. This new tenth edition of The Educator’s Guide offers an authoritative source on Texas school law through the 2021 legislative sessions. Intended for educators, school board members, attorneys, and taxpayers, it explains what the law is and what the implications are for effective school operations; it helps professional educators avoid expensive and time-consuming lawsuits by taking effective preventive action; and it serves as a highly valuable resource for school law courses and staff development sessions.

The tenth edition begins with a review of the legal structure of the Texas school system, incorporating recent features such as charter schools and districts of innovation, then addresses the instructional program, service to students with special needs, the rights of public school employees, the role of religion, student discipline, governmental transparency, privacy, parental rights, and the parameters of legal liability for schools and school personnel. The book includes discussion of major federal legislation, such as the Individuals with Disabilities Education Act, the Family Educational Rights and Privacy Act, Section 504 of the Rehabilitation Act of 1973, and Title IX. On the state level, the book incorporates laws pertaining to cyberbullying, inappropriate relationships between students and employees, and human sexuality instruction.

Product Details

ISBN-13:	9781477324745
Publisher:	University of Texas Press
Publication date:	09/13/2022
Sold by:	Barnes & Noble
Format:	eBook
Pages:	448
Sales rank:	90,233
File size:	4 MB

About the Author

Jim Walsh is a cofounder of Walsh, Gallegos, Treviño, Kyle, and Robinson, P.C.; author of the Law Dawg Ed Daily; a former member of the board of directors 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.

Sarah Orman is licensed to practice law in California and Texas. She has represented school districts in both states and since 2013 has been employed at the Texas Association of School Boards, where she currently serves as legal editor.

Table of Contents

Contents Preface Constitutional Foundations Administrative Law Judicial Law School Finance Charter Schools Districts of Innovation The Role of the Local School Board The Superintendent The Principal District- and Campus-Level Decision-Making The Texas Open Meetings Act Meetings and Quorums The Texas Public Information Act Procurement Summary Kindergarten and Prekindergarten Programs The Required Curriculum Social Studies Virtual Instruction Student Assessment Grading and Class Rank Grade Promotion and Retention School District Accountability The Every Student Succeeds Act (ESSA) Instructional Resources Internet Safety The Federal Copyright Law Summary Eligibility Desegregation Transfers Compulsory School Attendance Absences Extracurricular Activities and the UIL State Oversight Extracurricular Participation Health and Safety Requirements Student Rights of Expression Student Expression on Campus or at School-Sponsored Activities Student Expression Off Campus and Not at School-Related Activity The First Amendment Uniform Policies Gender Issues Sexual Orientation and Gender Identity Requests to Acknowledge a Student’s Gender Identity Equal Access Act Summary Four Quadrants Special Education: Background and History The Individuals with Disabilities Education Act (IDEA) COVID-19 and Special Education Section 504 of the Rehabilitation Act of 1973 Dyslexia Extracurricular Activities At Risk Emergent Bilingual Students Gifted and Talented Summary Choosing Private School Home Schooling Teaching Controversial Subjects at School Chapter 26 Human Sexuality Instruction and the SHAC Lauren’s Law Child Custody Issues Child Abuse Reporting Student Records Parent Rights under the Family Educational Rights and Privacy Act (FERPA) Law and the School Counselor Parent Complaints Removal of Objectionable Library and Study Materials Summary Constitutional Issues How Much Process Is Due? At-Will Employment Non–Chapter 21 Contracts Probationary Contracts Term Contracts Continuing Contracts Retired Teachers Certification and the Role of SBEC Nondiscrimination Laws Protected Activity The Hiring Process Criminal Records Restrictions on Employment At-Will Employees Non–Chapter 21 Contracts Probationary Contracts Term Contracts Reduction in Force (RIF) Continuing Contracts The Independent Hearing System Good Cause A Few Final Thoughts on Good Cause Constructive Discharge Summary Educator Rights of Expression Electronic Communication Academic Freedom Texas Whistleblower Act Reassignment Same Professional Capacity Counselors Compensation Issues Dual Assignment Contracts Duties and Schedule Compensation Disputes Teacher Appraisal Personal Leave Assault Leave Temporary Disability Leave Military Leave Miscellaneous Leave Policies Wage and Hour Requirements Workers’ Compensation and Unemployment Compensation Employee Grievances: A Brief History Hearing Employee Grievances The Role of Employee Organizations Collective Bargaining on the National Scene The Law in Texas Summary No Government Establishment of Religion Free Exercise of Religion Contemporary Issues The Pledge of Allegiance School Prayer Teaching Creation Science Secular Humanism and Pagan Religion Religion in Classrooms, Choir Programs, and Holiday Observances Clergy in the Schools Distribution of Religious Literature Student Religious Groups Meeting on Campus Religious Exemptions Assistance to Sectarian Private Schools Summary Constitutional Concerns: Due Process Other Due Process Concerns Constitutional Concerns: Right of Privacy Justified at the Inception; Reasonable in Scope Locker and Desk Searches Search of Cell Phones and Electronic Communications Use of Sniffer Dogs to Conduct Searches Student Drug Testing Chapter 37: An Overview Student Code of Conduct Campus Behavior Coordinators Bullying Teacher-Initiated Removal Suspension Removal to a DAEP Emergency Actions Interactions with Law Enforcement Corporal Punishment Suspension from Extracurricular Activities School Safety Restorative Discipline Discipline of Students with Disabilities Change of Placement Manifestation Determinations FBAs and BIPs State Law Summary School District Immunity Governmental Immunity and Contract Cases Qualified Immunity for Public School Professional Employees The Special Case of Corporal Punishment and Physical Force A Word about Charter Schools Federal Civil Rights Liability Governmental Liability Individual Liability Personal Injuries and the Constitution State-Created Danger Title IX and Sexual Harassment Disability Discrimination Summary Glossary of Legal Terminology Index of Cases Index of Topics