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The Educator's Guide to Texas School Law,9780292706620
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The Educator's Guide to Texas School Law

by ; ;
ISBN13:

9780292706620

ISBN10:
0292706626
Format:
Hardcover
Pub. Date:
7/1/2005
Publisher(s):
Univ of Texas Pr
List Price: $64.00
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Summary

For over twenty years, The Educator's Guide to Texas School Law has been the preeminent source for information on Texas school law for the state's education community. The sixth edition is the latest in a series of revisions designed to keep the book current, comprehensive, and readable. Readers will find a number of changes in the new edition. First and foremost, the immensely important No Child Left Behind Act has been incorporated at various points in the text, particularly in discussions pertaining to accountability, assessment, and school safety. Other changes include an expanded discussion of charter schools, school uniform policies, and student drug testing programs. Employment issues are now addressed in two chapters, one dealing with contractual matters and the other with personnel management. The new edition includes all legislative developments, relevant federal and state court rulings, and Texas Commissioner of Education decisions to date. In its ten chapters, The Educator's Guide discusses a myriad of topics relating to the legal structure of the Texas school system, attendance law and the instructional program, the education of children with disabilities, employment law, rights of expression and association, the role of religion, student discipline, open meetings and public records, privacy issues, student search and seizure, and legal liability of school districts and employees.

Table of Contents

Preface xv
An Overview of Education Law, Texas Schools, and Parent Rights
1(48)
Sources of Law
1(12)
Constitutional Law
1(1)
Statutory Law
2(1)
Administrative Law
3(3)
Judicial Law
6(7)
The Structure and Governance of the Texas School System
13(16)
Texas Legislature
13(1)
State Board of Education and the Texas Education Agency
13(2)
Local School Districts
15(2)
Charter Schools
17(8)
Private Schools
25(1)
School Administrators
26(2)
District- and Campus-Level Decision-Making
28(1)
How the U.S. Constitution and Federal Government Affect Texas Schools
29(5)
Key Provisions of the U.S. Constitution
29(3)
Important Federal Statutes
32(2)
School Finance
34(6)
Parent Rights
40(7)
Rights within Public Schools
40(3)
Choosing Private Schools
43(2)
Educating Children at Home
45(2)
Summary
47(2)
Student Attendance and the Instructional Program
49(46)
Attendance
49(17)
Impermissible Discrimination
50(8)
Residency and Guardianship
58(5)
The Compulsory School Law
63(1)
Absences
64(2)
Maintaining a Safe School Environment
66(3)
The Instructional Program
69(15)
The Required Curriculum
69(2)
Student Assessment
71(4)
School District Accountability
75(1)
The Effect of the No Child Left Behind Act
76(3)
Removal of Objectionable Library and Study Materials
79(2)
Computers and the Internet
81(2)
The Federal Copyright Law
83(1)
Extracurricular Activities and the UIL
84(4)
Addressing the Needs of Special Groups
88(6)
At-Risk Children
88(1)
Bilingual Children
89(2)
Gifted Children
91(1)
Abused and Neglected Children
91(3)
Summary
94(1)
Special Education
95(32)
The Jargon of Special Education
95(2)
Federal Legislation
97(21)
Child Find
98(1)
Evaluation
99(2)
Eligibility
101(1)
ARD Committee
102(1)
Individualized Education Program
102(1)
General Curriculum
103(1)
NCLB and Statewide Assessments
104(1)
Least Restrictive Environment
105(3)
Procedural Safeguards
108(2)
Attorneys' Fees
110(1)
Fape
111(3)
Related Services
114(1)
Extended School Year Services
115(1)
Unilateral Placements
115(2)
Private-School Children
117(1)
Discipline of Students with Disabilities
118(4)
Section 504 of the Rehabilitation Act of 1973
122(3)
Summary
125(2)
The Employment Relationship
127(54)
Constitutional Issues
127(8)
Due Process of Law
127(6)
How Much Process Is Due?
133(2)
Types of Employment Arrangements
135(9)
At-Will Employment
135(1)
Non--Chapter 21 Contracts
136(2)
Probationary Contracts
138(2)
Term Contracts
140(1)
Continuing Contracts
141(3)
Third-Party Independent Contract Educators
144(1)
Selection of Staff
144(11)
Certification and the Role of SBEC
144(4)
Nondiscrimination Laws
148(1)
The Hiring Process
149(1)
Criminal Records
150(1)
The Impact of NCLB
151(2)
Restrictions on Employment
153(2)
Ending the Relationship
155(25)
At-Will Employees
155(2)
Non-Chapter 21 Contracts
157(1)
Probationary Contracts
158(1)
Term Contracts
159(9)
Continuing Contracts
168(2)
Third-Party Independent Contractors
170(1)
The Independent Hearing System
171(7)
A Few Final Thoughts on ``Good Cause''
178(1)
Constructive Discharge
179(1)
Summary
180(1)
Personnel Issues
181(32)
Reassignment
181(2)
Compensation Disputes
183(1)
Teacher Appraisal
184(3)
Employment Benefits
187(7)
Planning and Preparation Period
187(1)
Duty-Free Lunch
188(1)
Personal Leave
188(1)
Health Insurance
189(1)
Assault Leave
190(1)
Teacher Retirement
191(1)
Temporary Disability Leave
191(2)
Family and Medical Leave Act
193(1)
Miscellaneous Leave Policies
193(1)
Wage and Hour Requirements
194(1)
Workers' Compensation and Unemployment Compensation
195(2)
Grievances and the Role of Employee Organizations
197(14)
Employee Grievances: A Little History
197(4)
Hearing Employee Grievances
201(7)
The Role of Employee Organizations
208(1)
Collective Bargaining on the National Scene
208(1)
The Law in Texas
209(2)
Summary
211(2)
Expression and Associational Rights
213(40)
Educator Rights of Expression
214(22)
Expression outside the School
214(6)
Expression within the School
220(7)
Academic Freedom
227(6)
Texas Whistle Blower Act
233(3)
Educator Freedom of Association
236(2)
Student Rights of Expression
238(11)
Communication among Students on Campus
239(4)
School-Sponsored Student Publications
243(2)
Non-School-Sponsored Student Publications
245(4)
Student Freedom of Association
249(2)
Summary
251(2)
Religion in the Schools
253(43)
Legal Framework
253(7)
No Government Establishment of Religion
253(3)
Free Exercise of Religion
256(4)
Contemporary Issues
260(34)
The Pledge of Allegiance
260(1)
School Prayer
261(1)
School-Sponsored or Employee-Led Prayer
261(3)
Silent Meditation
264(1)
Invocations, Benedictions, and Religious Speeches at Graduation
264(3)
Baccalaureate Ceremonies
267(1)
Student-Initiated Prayer at School, Extracurricular Activities, and Athletic Events
267(2)
Teaching Creation-Science
269(2)
Secular Humanism and Pagan Religion
271(2)
Religion in Classrooms, Choir Programs, and Holiday Observances
273(1)
Teaching about Religion
273(3)
Student Papers and Presentations on Religious Topics
276(2)
Choir Programs
278(1)
Holiday Observances
279(1)
Clergy in the Schools
280(1)
Distribution of Religious Literature
281(1)
Wearing Religious Symbols
282(1)
Student Religious Groups and the Equal Access Act
283(2)
Religious Exemptions
285(6)
Assistance to Sectarian Private Schools
291(3)
Summary
294(2)
Student Discipline
296(30)
Guidelines for Rule Making
296(6)
Rules Must Have a Rational Purpose
297(1)
The Meaning of Rules Must Be Clear
297(1)
Rules That Relate to Protected Behavior Must Be Carefully Developed
298(2)
Rules That Apply Off Campus Must Be Carefully Worded and Applied
300(1)
Rules Must Be Consistently Enforced
301(1)
Due Process Generally
302(4)
Chapter 37: An Overview
306(19)
Student Code of Conduct
306(1)
Teacher-Initiated Removal
307(1)
Suspension
308(1)
Removal to a DAEP
309(1)
At School
309(1)
Off-Campus Conduct
309(3)
Procedure
312(1)
Life in a DAEP
313(1)
Expulsion
314(1)
Grounds
314(2)
Procedures
316(3)
Emergency Actions
319(1)
Interaction with Law Enforcement
319(2)
Initial Intervention Strategies
321(1)
Corporal Punishment
321(3)
Suspension from Extracurricular Activities
324(1)
Summary
325(1)
Privacy Issues: Community, Educators, Students
326(51)
The Legal Framework
326(3)
The U.S. Constitution
326(1)
Federal Statutes
327(1)
State Law
327(2)
The Texas Open Meetings and Public Information Acts
329(14)
Texas Open Meetings Act
329(7)
Texas Public Information Act
336(7)
Educator Privacy Rights
343(8)
Lifestyle Issues
343(3)
Employee Drug Testing
346(1)
Personnel Records and Employee References
347(3)
School Computer Use
350(1)
Student Privacy Rights
351(10)
Student Personal Privacy
351(2)
Student Records
353(3)
Child Custody Issues
356(1)
Student Dress and Grooming
357(4)
Student Search and Seizure
361(14)
Standards for Student Searches
361(6)
Locker and Desk Searches
367(1)
Use of Sniffer Dogs to Conduct Searches
368(1)
Strip Searches
369(1)
Student Drug Testing
370(3)
Use of Magnetometers, Metal Detectors, and Breathalyzers
373(2)
Summary
375(2)
Legal Liability
377(50)
Identifying Areas of Legal Liability
377(1)
State Torts
377(21)
School District Immunity
377(5)
Sovereign Immunity and Contract Cases
382(1)
Qualified Immunity for Public School Professional Employees
383(8)
The Special Case of Corporal Punishment
391(4)
Law and the School Counselor
395(3)
Federal Civil Rights Liability
398(16)
Governmental Liability
399(4)
Personal Injuries and the Constitution
403(4)
Individual Liability
407(5)
Liability under Federal Statutory Law
412(2)
Summary
414(1)
Appendixes
A. How to Find and Read a Court Case
415(3)
B. Glossary of Legal Terminology
418(6)
C. Reference Sources
424(3)
Index of Cases 427(20)
Index of Topics 447


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