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