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

Much has changed in the area of school law since the first edition of The Educator's Guide was published in 1986. This new ninth edition offers an authoritative source on all major dimensions of Texas school law through the 2017 legislative sessions. Intended for educators, school board members, interested attorneys, and taxpayers, the ninth edition explains what the law is and what the implications are for effective school operations. It is designed to help professional educators avoid expensive and time-consuming lawsuits by taking effective preventive action. It is an especially valuable resource for school law courses and staff development sessions. The ninth edition begins with a review of the legal structure of the Texas school system, incorporating recent innovative features such as charter schools and districts of innovation. Successive chapters address attendance, the instructional program, service to students with special needs, the rights of public school employees, the role of religion, student discipline, governmental transparency, privacy, parent 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 the Every Student Succeeds Act. On the state level, the book incorporates new laws pertaining to cyberbullying and inappropriate relationships between students and employees. Key points are illustrated through case law, and a complete index of case citations is included.

Table of Contents:
Ninth Edition 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 Districts of Innovation 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 Every Student Succeeds Act (ESSA) 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, RtI, and a Major Controversy Evaluation Eligibility ARD Committee Individualized Education Program General Curriculum 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 Districts of Innovation Nondiscrimination Laws Protected Activity The Hiring Process Criminal Records Impact of Federal Law 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 Compensation Disputes Teacher Appraisal Employment Benefits Districts of Innovation 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 School Mailboxes Complaints over Working Conditions Speaking within One's Scope of Employment 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 Constitutional Provisions Federal and State Statutes Contemporary Issues The Pledge of Allegiance School Prayer School-Sponsored or Employee-Led Prayer Student-Delivered Prayer Before School Board Meetings 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 and 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 Fundamental Issues Chapter 37: An Overview Student Code of Conduct Campus Behavior Coordinators 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 A New Approach? 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 or Additions to Agenda 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 Items Exempt from Disclosure Personal Information Applicants for Superintendency Criminal History Information, Witness Statements, and Investigative Reports Inter- or Intraagency Memoranda Student Records Other 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 Governmental 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 A Word About Charter Schools 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

About the Author :
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.