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9780292706637

The Educator's Guide To Texas School Law

by
  • ISBN13:

    9780292706637

  • ISBN10:

    0292706634

  • Edition: 6th
  • Format: Paperback
  • Copyright: 2005-07-20
  • Publisher: Univ of Texas Pr
  • View Upgraded Edition
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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
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 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
Student Attendance and the Instructional Program
Attendance Impermissible Discrimination Residency and Guardianship
The Compulsory School Law
Absences Maintaining a Safe School Environment
The Instructional Program
The Required Curriculum Student Assessment
School District Accountability
The Effect of the No Child Left Behind Act
Removal of Objectionable Library and Study Materials Computers and the Internet
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
Special Education
The Jargon of Special Education Federal Legislation Child
Find Evaluation Eligibility ARD Committee
Individualized Education Program General Curriculum NCLB and 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
Section 504 of the Rehabilitation Act of 1973
Summary
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 Selection of Staff Certification and the Role of SBEC Nondiscrimination Laws
The Hiring Process Criminal Records
The Impact of NCLB Restrictions on Employment
Ending the Relationship At-Will Employees
Non\-Chapter 21 Contracts Probationary Contracts
Term Contracts Continuing Contracts
Third-Party Independent Contractors
The Independent Hearing System A Few Final
Thoughts on "Good Cause" Constructive Discharge
Summary
Personnel Issues Reassignment Compensation Disputes
Teacher Appraisal Employment Benefits Planning and Preparation
Period Duty-Free Lunch Personal Leave Health Insurance
Assault Leave Teacher Retirement
Temporary Disability Leave Family and Medical Leave
Act 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
Expression and Associational Rights
Educator Rights of Expression
Expression outside the School
Expression within the School Academic Freedom
Texas Whistle Blower Act Educator Freedom of Association Student Rights of Expression
Communication among Students on Campus School-Sponsored Student
Publications Non-School-Sponsored Student
Publications Student Freedom of Association
Summary
Religion in the Schools Legal Framework No Government
Establishment of Religion Free Exercise of Religion Contemporary Issues
The Pledge of Allegiance School Prayer School-Sponsored or Employee-Led
Prayer 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
Holiday Observances Clergy in the Schools Distribution of Religious
Literature Wearing Religious Symbols Student Religious Groups and the Equal Access Act
Religious Exemptions Assistance to Sectarian Private Schools
Summary
Student Discipline Guidelines for Rule Making Rules
Must Have a Rational Purpose
The Meaning of Rules Must Be Clear Rules
That Relate to Protected Behavior Must Be Carefully Developed Rules
That Apply Off Campus Must Be Carefully Worded and Applied Rules
Must Be Consistently Enforced Due Process Generally
Chapter 37: An Overview Student Code of Conduct Teacher-Initiated
Removal Suspension Removal to a DAEP At School Off-Campus Conduct Procedure
Life in a DAEP Expulsion Grounds Procedures Emergency Actions
Interaction with Law Enforcement Initial
Intervention Strategies Corporal
Punishment Suspension from Extracurricular Activities
Summary
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
Texas Public Information Act
Educator Privacy Rights Lifestyle Issues Employee
Drug Testing Personnel Records and Employee References
School Computer Use Student
Privacy Rights Student Personal Privacy
Student Records Child Custody Issues
Student Dress and Grooming Student Search and Seizure Standards for Student
Searches Locker and Desk Searches Use of Sniffer Dogs to Conduct Searches
Strip Searches Student Drug
Testing Use of Magnetometers, Metal Detectors, and Breathalyzers
Summary
Legal Liability Identifying Areas of Legal Liability State Torts
School District Immunity Sovereign Immunity and Contract Cases
Qualified Immunity for Public School Professional Employees
The Special Case of Corporal Punishment Law and the School Counselor
Federal Civil Rights Liability Governmental Liability
Personal Injuries and the Constitution Individual Liability
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
Table of Contents provided by Publisher. All Rights Reserved.

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