The Educator's Guide to Texas School Law

by Walsh, Jim; Kemerer, Frank R.; Maniotis, Laurie

• ISBN13: 9780292706620
• ISBN10: 0292706626
• Edition: 6th
• Format: Hardcover
• Copyright: 2005-07-01
• Publisher: Univ of Texas Pr

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