The Educator's Guide to Texas School Law

by Kemerer, Frank R.; Walsh, Jim

• ISBN13: 9780292743427
• ISBN10: 0292743424
• Format: Paperback
• Copyright: 2000-08-01
• Publisher: Univ of Texas Pr

Summary

Since 1986, school administrators, school board members, school attorneys, teachers, coaches, counselors, and university professors have relied upon this highly popular and standard reference source. Newly revised to include legislative and judicial developments through the spring of 2000, the Fifth Edition of The Educator' Guide to Texas School Law provides the most current, comprehensive source on Texas education law available. The authors have extensively updated all the chapters in this edition and have added much new information to help educators manage the challenges of the new century successfully. Among the topics added to the Fifth Edition are employee drug testing, contract termination decisions issued by the certified hearing examiners, the Texas Religious Freedom Restoration Act, and legal issues involving the Internet. Readers will find an expanded review of federal disability law, with emphasis on new developments involving the Individuals with Disabilities Education Act. The legal liability discussion has been expanded to encompass the dramatic increase in court rulings on sexual abuse and harassment. The Fifth Edition also includes all relevant federal and state court rulings and the decisions of the Texas Commissioner of Education.

Table of Contents

Preface	xv
An Overview of Education Law, Texas Schools, and Parent Rights	1	(44)
Sources of Law	1	(9)
Constitutional Law	1	(1)
Statutory Law	2	(1)
Administrative Law	3	(2)
Judicial Law	5	(5)
The Structure and Governance of the Texas School System	10	(19)
Texas Legislature	10	(1)
State Board of Education and the Texas Education Agency	10	(5)
Local School Districts	15	(2)
Charter Schools	17	(7)
Private Schools	24	(2)
School Administrators	26	(1)
District and Campus-Level Decision Making	27	(2)
How the U.S. Constitution and Federal Government Affect Texas Schools	29	(4)
Key Provisions of the U.S. Constitution	29	(3)
Important Federal Statutes	32	(1)
School Finance	33	(4)
Parent Rights	37	(7)
Rights within Public Schools	38	(3)
Choosing Private Schools	41	(1)
Educating Children at Home	42	(2)
Summary	44	(1)
Student Attendance and the Instructional Program	45	(42)
Attendance	45	(16)
Impermissible Discrimination	46	(8)
Residency and Guardianship	54	(4)
The Compulsory School Law	58	(2)
Absences	60	(1)
Maintaining a Safe School Environment	61	(3)
The Instructional Program	64	(14)
The Required Curriculum	65	(2)
Student Assessment	67	(3)
School District Accountability	70	(1)
Removal of Objectionable Library and Study Materials	71	(3)
Computers and the Internet	74	(2)
The Federal Copyright Law	76	(2)
Extracurricular Activities and the UIL	78	(3)
Addressing the Needs of Special Groups	81	(4)
At-Risk Children	81	(1)
Bilingual Children	82	(1)
Gifted Children	83	(1)
Abused and Neglected Children	83	(2)
Summary	85	(2)
Special Education	87	(26)
The Jargon of Special Education	87	(1)
Federal Legislation	88	(18)
Child Find	90	(1)
Assessment	90	(2)
Eligibility	92	(1)
ARD Committee	93	(1)
Individualized Education Program	94	(1)
General Curriculum	94	(1)
Least Restrictive Environment	95	(3)
Procedural Safeguards	98	(2)
Attorneys' Fees	100	(1)
FAPE	101	(1)
Related Services	102	(2)
Extended-Year Services	104	(1)
Unilateral Placements	104	(2)
Private School Children	106	(1)
Discipline of Students with Disabilities	106	(4)
Section 504 of the Rehabilitation Act of 1973	110	(1)
Summary	111	(2)
Employment	113	(60)
The Hiring Process	113	(9)
Certification	113	(3)
Nondiscrimination	116	(1)
Selecting Staff	117	(1)
Criminal History Checks	118	(1)
Drug Testing	119	(1)
Sexual Harassment	120	(2)
Restrictions on Employment	122	(2)
Employment of School Personnel	124	(17)
At-Will Employment	125	(2)
Educator Contracts: An Introduction	127	(1)
Probationary Contracts	127	(3)
Term Contracts	130	(7)
Continuing Contracts	137	(4)
Special Rules for Superintendents	141	(1)
Property Rights and Due Process	141	(13)
When Do Texas Educators Have Property Rights?	144	(2)
How Much Process Is Due?	146	(1)
Due Process in General	146	(2)
Good Cause	148	(3)
Constructive Discharge	151	(1)
Educator Reputational Rights	151	(2)
Reassignment	153	(1)
The Independent Hearing System	154	(6)
Compensation Disputes	160	(1)
Teacher Appraisal	161	(3)
Other Employment Benefits	164	(7)
Planning and Preparation Period	164	(1)
Duty-Free Lunch	164	(1)
Personal Leave	164	(1)
Health Insurance	165	(1)
Assault Leave	166	(1)
Social Security and Annuities	167	(1)
Temporary Disability Leave	167	(1)
Family and Medical Leave Act	168	(1)
Miscellaneous Leave Policies	169	(1)
Wage and Hour Requirements	169	(2)
Workers' Compensation and Unemployment Compensation	171	(1)
Summary	172	(1)
Grievances and the Role of Employee Organizations	173	(15)
Collective Bargaining on the National Scene	173	(1)
The Law in Texas	174	(13)
What Is Grievable: The Changing Landscape	177	(3)
Hearing Employee Grievances	180	(7)
Summary	187	(1)
Expression and Associational Rights	188	(37)
Educator Rights of Expression	189	(19)
Expression outside the School	189	(5)
Expression within the School	194	(7)
Academic Freedom	201	(6)
Texas Whistle Blower Act	207	(1)
Educator Freedom of Association	208	(3)
Student Rights of Expression	211	(10)
Communication among Students on Campus	211	(4)
School-Sponsored Student Publications	215	(3)
Non-School-Sponsored Student Publications	218	(3)
Student Freedom of Association	221	(2)
Summary	223	(2)
Religion in the Schools	225	(39)
Legal Framework	225	(6)
No Government Establishment of Religion	225	(3)
Free Exercise of Religion	228	(3)
Contemporary Issues	231	(32)
School Prayer	231	(1)
School-Sponsored or Employee-Led Prayer	231	(2)
Silent Meditation	233	(1)
Invocations and Benedictions at Graduation	234	(3)
Baccalaureate Ceremonies	237	(1)
Student-Initiated Prayer at School, Extracurricular Activities, and Athletic Events	237	(1)
Teaching Creation-Science	238	(2)
Secular Humanism and Pagan Religion	240	(3)
Religion in Classrooms, Choir Programs, and Holiday Observances	243	(1)
Teaching about Religion	243	(3)
Student Papers and Presentations on Religious Topics	246	(2)
Choir Programs	248	(1)
Holiday Observance	249	(1)
Clergy in the Schools	250	(1)
Distribution of Religious Literature	251	(1)
Wearing Religious Symbols	252	(1)
Student Religious Groups and the Equal Access Act	253	(1)
Religious Exemptions	254	(6)
Assistance to Sectarian Private Schools	260	(3)
Summary	263	(1)
Student Discipline	264	(28)
Guidelines for Rule Making	264	(9)
Rules Must Have a Rational Purpose	265	(1)
The Meaning of Rules Must Be Clear	265	(1)
Rules That Relate to Protected Behavior Must Be Carefully Developed	266	(1)
Rules That Apply Off Campus Must Be Carefully Worded and Applied	267	(1)
Rules Must Be Consistently Enforced	268	(1)
Rules Must Be Fairly Enforced	268	(1)
Due Process Generally	269	(3)
An Overview	272	(1)
Initial Intervention Strategies	273	(1)
Corporal Punishment	274	(16)
Suspension from Extracurricular Activities	276	(1)
Emergency Actions	277	(1)
Student Code of Conduct	277	(1)
Teacher-Initiated Removal	278	(1)
Suspension	279	(2)
Removal to an AEP	281	(1)
At School	281	(1)
Off-Campus Conduct	281	(2)
Procedure	283	(1)
Life in an AEP	284	(1)
Expulsion	285	(1)
Grounds	285	(1)
Procedures	286	(3)
Interaction with the Juvenile Justice System	289	(1)
Summary	290	(2)
Privacy Issues: Community, Educators, Students	292	(42)
The Legal Framework	292	(3)
The U.S. Constitution	292	(1)
Federal Statutes	293	(1)
State Law	293	(2)
The Texas Open Meetings and Public Information Acts	295	(13)
Texas Open Meetings Act	295	(7)
Texas Public Information Act	302	(6)
Educator Privacy Rights	308	(7)
Lifestyle Issues	309	(3)
Personnel Records and Employee References	312	(3)
Student Privacy Rights	315	(7)
Student Personal Privacy	315	(2)
Student Records	317	(2)
Child Custody Issues	319	(1)
Student Dress and Grooming	320	(2)
Student Search and Seizure	322	(11)
Standards for Student Searches	323	(3)
Locker and Desk Searches	326	(1)
Use of Sniffer Dogs to Conduct Searches	327	(1)
Strip Searches	328	(1)
Student Drug Testing	329	(2)
Use of Magnetometers, Metal Detectors, and Breathalyzers	331	(2)
Summary	333	(1)
Legal Liability	334	(47)
Identifying Areas of Legal Liability	334	(1)
State Torts	335	(17)
School District Immunity	335	(4)
Qualified Immunity for Public School Professional Employees	339	(7)
The Special Case of Corporal Punishment	346	(3)
Law and the School Counselor	349	(3)
Federal Civil Rights Liability	352	(15)
Governmental Liability	353	(4)
Personal Injuries and the Constitution	357	(4)
Individual Liability	361	(4)
Liability under Federal Statutory Law	365	(1)
Summary	366	(1)
Appendixes
A. How to Find and Read a Court Case	367	(3)
B. Glossary of Legal Terminology	370	(7)
C. Reference Sources	377	(4)
Index of Cases	381	(18)
Index of Topics	399