Ninth EditionPreface1. An Overview of Education Law, Texas Schools, and Parent RightsSources of LawConstitutional LawStatutory LawAdministrative LawJudicial LawThe Structure and Governance of the Texas School SystemTexas LegislatureState Board of Education and the Texas Education AgencyLocal School DistrictsCharter SchoolsDistricts of InnovationPrivate SchoolsSchool AdministratorsDistrict- and Campus-Level Decision-MakingHow the U.S. Constitution and Federal Government Affect Texas SchoolsKey Provisions of the U.S. ConstitutionImportant Federal StatutesSchool FinanceParent RightsRights within Public SchoolsChoosing Private SchoolsEducating Children at HomeSummary2. Student Attendance and the Instructional ProgramAttendanceImpermissible DiscriminationResidency, Guardianship, and the Right to Attend a District''s SchoolsThe Compulsory School Attendance LawKindergarten and Prekindergarten ProgramsAbsencesMaintaining a Safe School EnvironmentThe Instructional ProgramThe Required CurriculumStudent AssessmentSchool District AccountabilityThe Every Student Succeeds Act (ESSA)Removal of Objectionable Library and Study MaterialsTechnology at School: Computers, the Internet, and Cell PhonesThe Federal Copyright LawExtracurricular Activities and the UILAddressing the Needs of Special GroupsAt-Risk ChildrenBilingual ChildrenGifted ChildrenAbused and Neglected ChildrenSummary3. Special EducationThe Jargon of Special EducationFederal LegislationChild Find, RtI, and a Major ControversyEvaluationEligibilityARD CommitteeIndividualized Education ProgramGeneral CurriculumStatewide AssessmentsLeast Restrictive EnvironmentProcedural SafeguardsAttorneys'' FeesFAPERelated ServicesExtended School Year ServicesUnilateral PlacementsPrivate-School ChildrenDiscipline of Students with DisabilitiesExpulsionStay PutChange of PlacementTen DaysManifestation DeterminationsSection 504 of the Rehabilitation Act of 1973Summary4.
The Employment RelationshipConstitutional IssuesDue Process of LawHow Much Process Is Due?Types of Employment ArrangementsAt-Will EmploymentNon-Chapter 21 ContractsProbationary ContractsTerm ContractsContinuing ContractsThird-Party Independent Contract Educators and Retire/RehireSelection of StaffCertification and the Role of SBECDistricts of InnovationNondiscrimination LawsProtected ActivityThe Hiring ProcessCriminal RecordsImpact of Federal LawRestrictions on EmploymentEnding the RelationshipAt-Will EmployeesNon-Chapter 21 ContractsProbationary ContractsTerm ContractsContract NonrenewalContract TerminationProfessional CapacityDual-Assignment ContractsRemediesReduction in Force (RIF)Continuing ContractsThe Independent Hearing SystemA Few Final Thoughts on "Good Cause"Constructive DischargeSummary5. Personnel IssuesReassignmentThe Constitutional IssuesSame Professional CapacityCompensation IssuesDuties and ScheduleThe Commissioner''s JurisdictionCompensation DisputesTeacher AppraisalEmployment BenefitsDistricts of InnovationPlanning and Preparation PeriodDuty-Free LunchPersonal LeaveHealth InsuranceAssault LeaveTeacher RetirementTemporary Disability LeaveFamily and Medical Leave ActUSERRAMiscellaneous Leave PoliciesWage and Hour RequirementsWorkers'' Compensation and Unemployment CompensationGrievances and the Role of Employee OrganizationsEmployee Grievances: A Little HistoryHearing Employee GrievancesThe Role of Employee OrganizationsCollective Bargaining on the National SceneThe Law in TexasSummary6. Expression and Associational RightsEducator Rights of ExpressionExpression outside the SchoolExpression within the SchoolSchool MailboxesComplaints over Working ConditionsSpeaking within One''s Scope of EmploymentElectronic CommunicationAcademic FreedomTexas Whistleblower ActEducator Freedom of AssociationStudent Rights of ExpressionCommunication among Students on CampusSchool-Sponsored Student PublicationsNon-School-Sponsored Student Publications and MaterialsElectronic CommunicationStudent Freedom of AssociationSummary7. Religion in the SchoolsLegal FrameworkNo Government Establishment of ReligionFree Exercise of ReligionConstitutional ProvisionsFederal and State StatutesContemporary IssuesThe Pledge of AllegianceSchool PrayerSchool-Sponsored or Employee-Led PrayerStudent-Delivered Prayer Before School Board MeetingsSilent MeditationInvocations, Benedictions, and Religious Speeches at GraduationBaccalaureate CeremoniesStudent-Initiated Prayer at School, Extracurricular Activities, and Athletic EventsTeaching Creation-ScienceSecular Humanism and Pagan ReligionReligion in Classrooms, Choir Programs, and Holiday ObservancesTeaching about ReligionStudent Papers and Presentations on Religious TopicsChoir Programs and Holiday ObservancesClergy in the SchoolsDistribution of Religious LiteratureWearing Religious SymbolsStudent Religious Groups Meeting on CampusReligious ExemptionsAssistance to Sectarian Private SchoolsSummary8. Student DisciplineConstitutional Concerns: Due ProcessOther Fundamental IssuesChapter 37: An OverviewStudent Code of ConductCampus Behavior CoordinatorsBullyingTeacher-Initiated RemovalSuspensionRemoval to a DAEPMandatory PlacementsDiscretionary PlacementsProcedureLife in a DAEPExpulsionGroundsProceduresEmergency ActionsInteraction with Law EnforcementOther Disciplinary PracticesCorporal PunishmentSuspension from Extracurricular ActivitiesA New Approach?Summary9. Privacy Issues: Community, Educators, StudentsThe Legal FrameworkThe U.S. ConstitutionFederal StatutesState LawThe Texas Open Meetings and Public Information ActsTexas Open Meetings ActMeetings and QuorumsNoticeEmergency Meetings or Additions to AgendaClosed SessionsTape Recordings and Certified AgendasMeetings by Telephone and Videoconference CallInternet BroadcastViolationsCriminal ProvisionsTexas Public Information ActItems That Must Be DisclosedItems Exempt from DisclosurePersonal InformationApplicants for SuperintendencyCriminal History Information, Witness Statements, and Investigative ReportsInter- or Intraagency MemorandaStudent RecordsOther ItemsProduction of RecordsEducator Privacy RightsLifestyle IssuesEmployee Drug TestingPersonnel Records and Employee ReferencesSearch of School Computer Files and PagersSearch of File CabinetsStudent Privacy RightsStudent Personal PrivacyStudent RecordsParent RightsEducation RecordsDisclosure of RecordsRecordkeepingViolationsChild Custody IssuesStudent Dress and GroomingStudent Search and SeizureStandards for Student SearchesStrip SearchesUse of Magnetometers, Metal Detectors, and BreathalyzersLocker and Desk SearchesSearch of Cell Phones and Electronic CommunicationsUse of Sniffer Dogs to Conduct SearchesStudent Drug TestingSummary10.
Legal LiabilityIdentifying Areas of Legal LiabilityState TortsSchool District ImmunityGovernmental Immunity and Contract CasesQualified Immunity for Public School Professional EmployeesThe Special Case of Corporal Punishment and Physical ForceLaw and the School CounselorA Word About Charter SchoolsFederal Civil Rights LiabilityGovernmental LiabilityIndividual LiabilityPersonal Injuries and the ConstitutionA Federally Protected RightThe District Itself Is ResponsibleMore Than NegligenceA New TheoryLiability under Federal Statutory LawSummaryAppendixesA.How to Find and Read a Court CaseB.Glossary of Legal TerminologyC.Reference SourcesIndex of CasesIndex of Topics.