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Educator's Guide to Texas School Law: Tenth Edition [Pehme köide]

  • Formaat: Paperback / softback, 448 pages, kõrgus x laius x paksus: 235x156x28 mm, kaal: 626 g
  • Ilmumisaeg: 13-Sep-2022
  • Kirjastus: University of Texas Press
  • ISBN-10: 1477324720
  • ISBN-13: 9781477324721
  • Formaat: Paperback / softback, 448 pages, kõrgus x laius x paksus: 235x156x28 mm, kaal: 626 g
  • Ilmumisaeg: 13-Sep-2022
  • Kirjastus: University of Texas Press
  • ISBN-10: 1477324720
  • ISBN-13: 9781477324721
"Much has changed in the area of school law since the first edition of The Educator's Guide was published in 1986. This new tenth edition offers an authoritative source on all major dimensions of Texas school law through the 2019 and 2021 legislative sessions. Intended for educators, school board members, interested attorneys, and taxpayers, the tenth 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 tenth edition also streamlines many of the discussions that had bloated over the years"--

The standard legal resource for Texas educators.


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.

Preface xv
1 Structure and Governance
1(43)
Sources of Law
1(1)
Constitutional Foundations
1(3)
The Texas Education Code
4(1)
Administrative Law
4(1)
The State Board of Education
5(1)
The Texas Education Agency
5(2)
Judicial Law
7(6)
School Finance
13(1)
Charter Schools
14(3)
Districts of Innovation
17(1)
The Role of the Local School Board
18(2)
The Superintendent
20(1)
The Principal
21(1)
District- and Campus-Level Decision-Making
22(1)
State Laws That Pertain to School Districts as Public Entities
23(1)
The Texas Open Meetings Act
23(1)
Meetings and Quorums
24(1)
Notice
25(1)
Public Comment
26(1)
Emergency Meetings or Additions to Agenda
27(1)
Closed Sessions
27(1)
Recordings and Certified Agendas
28(1)
Meetings by Telephone and Videoconference Call
29(1)
Internet Broadcast
30(1)
Violations
30(1)
Criminal Provisions
30(2)
The Texas Public Information Act
32(1)
Items That Must Be Disclosed
33(1)
Items Exempt from Disclosure
34(1)
Personal Information
34(1)
Employee Information
35(1)
Candidates for Superintendency
36(1)
Criminal History Information, Witness Statements, and Investigative Reports
36(1)
Inter- or Intraagency Memoranda
37(1)
Student Records
37(1)
Other Items
38(1)
Production of Records
38(2)
Penalties
40(1)
Procurement
40(2)
Summary
42(2)
2 Accountability and the Instructional Program
44(24)
The Instructional Program
44(1)
Kindergarten and Prekindergarten Programs
44(1)
The Required Curriculum
45(3)
Sex Education
48(1)
Social Studies
48(1)
Virtual Instruction
49(1)
Student Assessment
50(1)
Overview
50(1)
Required Assessments and Modifications for Special Populations
51(1)
Assessment Intervention
52(1)
Assessment and Graduation
52(1)
Noninstructional Use of Assessments
53(1)
Other Exams
53(1)
Grading and Class Rank
54(1)
Grade Promotion and Retention
55(3)
School District Accountability
58(2)
The Every Student Succeeds Act (ESSA)
60(1)
Instructional Resources
61(2)
Internet Safety
63(1)
The Federal Copyright Law
64(3)
Summary
67(1)
3 Student Issues
68(38)
Enrollment and Attendance
68(1)
Eligibility
68(3)
Desegregation
71(4)
Transfers
75(1)
Compulsory School Attendance
76(1)
Absences
77(1)
Extracurricular Activities and the UIL
78(1)
State Oversight
79(1)
Extracurricular Participation
80(1)
Health and Safety Requirements
81(2)
Title IX
83(1)
Student Rights of Expression
83(1)
Student Expression on Campus or at School-Sponsored Activities
84(1)
Student Protests
85(1)
School-Sponsored Speech
86(1)
Class Assignments
87(1)
Lewd Speech
88(1)
Speech Advocating Drug Use
89(1)
Threats
89(1)
Non-School-Sponsored Student Publications and Materials
90(2)
Student Expression Off Campus and Not at School-Related Activity
92(4)
Student Dress and Grooming
96(1)
The First Amendment
96(2)
Uniform Policies
98(1)
Gender Issues
99(1)
Sexual Orientation and Gender Identity
100(1)
Student Privacy
101(1)
Requests to Acknowledge a Student's Gender Identity
101(2)
Equal Access Act
103(2)
Summary
105(1)
4 Students with Special Needs
106(38)
Four Quadrants
106(2)
Special Education: Background and History
108(1)
The Individuals with Disabilities Education Act (IDEA)
109(1)
Child Find
110(3)
Evaluation
113(1)
Eligibility
114(1)
ARD Committee
115(1)
Individualized Education Program
116(1)
General Curriculum
117(1)
Least Restrictive Environment
118(2)
Procedural Safeguards
120(3)
Attorneys' Fees
123(1)
FAPE
123(5)
Related Services
128(1)
Extended School-Year Services
129(1)
Unilateral Placements
130(1)
Private-School Children
131(1)
COVLD-19 and Special Education
132(1)
Section 504 of the Rehabilitation Act of 1973
133(3)
Dyslexia
136(2)
Extracurricular Activities
138(1)
At Risk
139(2)
Emergent Bilingual Students
141(1)
Pregnant and Parenting Students
142(1)
Gifted and Talented
142(1)
Summary
143(1)
5 Parent Rights
144(23)
Private School and Home Schooling
144(1)
Choosing Private School
144(2)
Home Schooling
146(1)
Teaching Controversial Subjects at School
147(1)
Parental Rights in State Law
148(1)
Chapter 26
148(2)
Human Sexuality Instruction and the SHAC
150(1)
Lauren's Law
151(1)
Fees
152(1)
Child Custody Issues
152(1)
Child Abuse Reporting
153(1)
Student Records
154(1)
Parent Rights under the Family Educational Rights and Privacy Act (FERPA)
155(1)
Education Records
155(1)
Directory Information
156(1)
School Officials
157(1)
Other Officials
158(1)
Organizations Conducting Studies
158(1)
Sex Offender Information
159(1)
Health or Safety Emergency
159(1)
Subpoena
159(1)
Recordkeeping
160(1)
Violations
160(1)
FERPA and State Law
160(1)
Law and the School Counselor
161(2)
Parent Complaints
163(2)
Removal of Objectionable Library and Study Materials
165(1)
Summary
166(1)
6 Employment
167(42)
Constitutional Issues
167(2)
How Much Process Is Due?
169(2)
Types of Employment Arrangements
171(1)
At-Will Employment
171(1)
Non-Chapter 21 Contracts
172(2)
Probationary Contracts
174(1)
Term Contracts
175(1)
Continuing Contracts
176(1)
Retired Teachers
177(1)
Selection of Staff
178(1)
Certification and the Role of SBEC
178(5)
Nondiscrimination Laws
183(1)
Protected Activity
184(1)
The Hiring Process
185(1)
Criminal Records
186(1)
Restrictions on Employment
187(2)
Ending the Relationship
189(1)
At-Will Employees
189(1)
Non-Chapter 21 Contracts
190(1)
Probationary Contracts
191(1)
Term Contracts
192(5)
Reduction in Force (RIF)
197(1)
Continuing Contracts
198(1)
The Independent Hearing System
199(6)
Good Cause
205(1)
A Few Final Thoughts on Good Cause
206(1)
Constructive Discharge
207(1)
Summary
208(1)
7 Personnel Issues
209(43)
Educator Rights of Expression
209(5)
Electronic Communication
214(3)
Academic Freedom
217(1)
Texas Whistleblower Act
218(2)
Reassignment
220(1)
Same Professional Capacity
221(1)
Counselors
222(1)
Compensation Issues
223(1)
Dual Assignment Contracts
224(2)
Duties and Schedule
226(1)
Compensation Disputes
227(1)
Teacher Appraisal
228(2)
Employment Benefits
230(1)
Planning and Preparation Period
230(1)
Duty-Free Lunch
230(1)
Personal Leave
230(2)
Health Insurance
232(1)
Assault Leave
232(2)
Teacher Retirement
234(1)
Temporary Disability Leave
234(2)
Family and Medical Leave Act (FMLA)
236(1)
Military Leave
236(1)
Miscellaneous Leave Policies
237(1)
Wage and Hour Requirements
238(1)
Workers' Compensation and Unemployment Compensation
239(1)
Grievances and the Role of Employee Organizations
240(1)
Employee Grievances: A Brief History
240(2)
Hearing Employee Grievances
242(5)
The Role of Employee Organizations
247(1)
Collective Bargaining on the National Scene
248(1)
The Law in Texas
249(2)
Summary
251(1)
8 Religion
252(41)
Legal Framework
252(1)
No Government Establishment of Religion
252(2)
Free Exercise of Religion
254(1)
Constitutional Provisions
254(1)
Federal and State Statutes
255(3)
Contemporary Issues
258(1)
The Pledge of Allegiance
259(1)
School Prayer
260(1)
School-Sponsored or Employee-Led Prayer
260(1)
Prayer at School Board Meetings
261(1)
Silent Meditation
262(1)
Invocations, Benedictions, and Religious Speeches at Graduations
263(2)
Baccalaureate Ceremonies
265(1)
Student-Led Prayer at School, Extracurricular Activities, and Athletic Events
266(1)
Teaching Creation Science
267(2)
Secular Humanism and Pagan Religion
269(1)
Religion in Classrooms, Choir Programs, and Holiday Observances
270(1)
Teaching about Religion
270(3)
Student Papers and Presentations on Religious Topics
273(2)
Choir Programs and Holiday Observances
275(3)
Clergy in the Schools
278(1)
Distribution of Religious Literature
279(1)
Wearing Religious Symbols
280(1)
Student Religious Groups Meeting on Campus
280(3)
Religious Exemptions
283(5)
Assistance to Sectarian Private Schools
288(4)
Summary
292(1)
9 Safety and Discipline
293(48)
Constitutional Concerns: Due Process
293(2)
Other Due Process Concerns
295(2)
Constitutional Concerns: Right of Privacy
297(1)
Justified at the Inception; Reasonable in Scope
298(2)
Use of Magnetometers and Metal Detectors
300(1)
Locker and Desk Searches
300(1)
Search of Cell Phones and Electronic Communications
301(1)
Use of Sniffer Dogs to Conduct Searches
302(1)
Student Drug Testing
303(3)
Chapter 37: An Overview
306(1)
Student Code of Conduct
307(1)
Campus Behavior Coordinators
308(1)
Bullying
309(1)
Teacher-Initiated Removal
310(2)
Suspension
312(1)
Removal to a DAEP
313(1)
Mandatory Placements
313(1)
Discretionary Placements
314(2)
Procedures
316(1)
Life in a DAEP
317(1)
Expulsion
318(1)
Grounds
319(1)
Procedures
320(2)
Emergency Actions
322(1)
Interactions with Law Enforcement
323(2)
Other Disciplinary Practices
325(1)
Corporal Punishment
325(4)
Suspension from Extracurricular Activities
329(2)
School Safety
331(2)
Restorative Discipline
333(1)
Discipline of Students with Disabilities
334(1)
Ten Days
335(1)
Change of Placement
335(1)
Manifestation Determinations
336(1)
Stay Put
337(1)
FBAs and BIPs
337(1)
Expulsion
338(1)
State Law
338(2)
Summary
340(1)
10 Liability
341(42)
Identifying Areas of Legal Liability
341(1)
State Torts
341(1)
School District Immunity
341(7)
Governmental Immunity and Contract Cases
348(1)
Qualified Immunity for Public School Professional Employees
349(9)
The Special Case of Corporal Punishment and Physical Force
358(3)
A Word about Charter Schools
361(1)
Federal Civil Rights Liability
362(1)
Governmental Liability
363(3)
Individual Liability
366(5)
Personal Injuries and the Constitution
371(4)
State-Created Danger
375(1)
Liability under Federal Statutory Law
376(1)
Title IX and Sexual Harassment
376(4)
Disability Discrimination
380(1)
Summary
381(2)
Glossary of Legal Terminology 383(6)
Index of Cases 389(16)
Index of Topics 405
Jim Walsh is a cofounder of Walsh, Gallegos, Trevino, 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.