The Educator’s Guide to Texas School Law 9th Edition by Jim Walsh, Laurie Maniotis, Frank Kemerer ISBN 1477324747 9781477324745

1. Structure and Governance

• Sources of Law
• Constitutional Foundations
• The Texas Education Code
• Administrative Law
• The State Board of Education
• The Texas Education Agency
• Judicial Law
• School Finance
• Charter Schools
• Districts of Innovation
• The Role of the Local School Board
• The Superintendent
• The Principal
• District- and Campus-Level Decision-Making
• State Laws That Pertain to School Districts as Public Entities
  • The Texas Open Meetings Act
    • Meetings and Quorums
    • Notice
    • Public Comment
    • Emergency Meetings or Additions to Agenda
    • Closed Sessions
    • Recordings and Certified Agendas
    • Meetings by Telephone and Videoconference Call
    • Internet Broadcast
    • Violations
    • Criminal Provisions
  • The Texas Public Information Act
    • Items That Must Be Disclosed
    • Items Exempt from Disclosure
    • Personal Information
    • Employee Information
    • Candidates for Superintendency
    • Criminal History Information, Witness Statements, and Investigative Reports
    • Inter- or Intraagency Memoranda
    • Student Records
    • Other Items
    • Production of Records
    • Penalties
  • Procurement
• Summary

2. Accountability and the Instructional Program

• The Instructional Program
  • Kindergarten and Prekindergarten Programs
  • The Required Curriculum
  • Sex Education
  • Social Studies
  • Virtual Instruction
• Student Assessment
  • Overview
  • Required Assessments and Modifications for Special Populations
  • Assessment Intervention
  • Assessment and Graduation
  • Noninstructional Use of Assessments
  • Other Exams
• Grading and Class Rank
  • Grade Promotion and Retention
• School District Accountability
  • The Every Student Succeeds Act (ESSA)
• Instructional Resources
• Internet Safety
• The Federal Copyright Law
• Summary

3. Student Issues

• Enrollment and Attendance
  • Eligibility
  • Desegregation
  • Transfers
• Compulsory School Attendance
  • Absences
• Extracurricular Activities and the UIL
  • State Oversight
  • Extracurricular Participation
• Health and Safety Requirements
  • Title IX
• Student Rights of Expression
  • Student Expression on Campus or at School-Sponsored Activities
  • Student Protests
  • School-Sponsored Speech
  • Class Assignments
  • Lewd Speech
  • Speech Advocating Drug Use
  • Threats
  • Non-School-Sponsored Student Publications and Materials
  • Student Expression Off Campus and Not at School-Related Activity
• Student Dress and Grooming
  • The First Amendment
  • Uniform Policies
  • Gender Issues
  • Sexual Orientation and Gender Identity
• Student Privacy
  • Requests to Acknowledge a Student’s Gender Identity
  • Equal Access Act
• Summary

4. Students with Special Needs

• Four Quadrants
• Special Education: Background and History
  • The Individuals with Disabilities Education Act (IDEA)
  • Child Find
  • Evaluation
  • Eligibility
  • ARD Committee
  • Individualized Education Program
  • General Curriculum
  • Least Restrictive Environment
  • Procedural Safeguards
  • Attorneys’ Fees
  • FAPE (Free Appropriate Public Education)
  • Related Services
  • Extended School-Year Services
  • Unilateral Placements
  • Private-School Children
  • COVID-19 and Special Education
• Section 504 of the Rehabilitation Act of 1973
• Dyslexia
• Extracurricular Activities
• At Risk
• Emergent Bilingual Students
• Pregnant and Parenting Students
• Gifted and Talented
• Summary

5. Parent Rights

• Private School and Home Schooling
  • Choosing Private School
  • Home Schooling
• Teaching Controversial Subjects at School
• Parental Rights in State Law
  • Chapter 26
  • Human Sexuality Instruction and the SHAC (School Health Advisory Council)
  • Lauren’s Law
  • Fees
  • Child Custody Issues
  • Child Abuse Reporting
• Student Records
  • Parent Rights under the Family Educational Rights and Privacy Act (FERPA)
  • Education Records
  • Directory Information
  • School Officials
  • Other Officials
  • Organizations Conducting Studies
  • Sex Offender Information
  • Health or Safety Emergency
  • Subpoena
  • Recordkeeping
  • Violations
• FERPA and State Law
• Law and the School Counselor
• Parent Complaints
  • Removal of Objectionable Library and Study Materials
• Summary

6. Employment

• Constitutional Issues
  • How Much Process Is Due?
• Types of Employment Arrangements
  • At-Will Employment
  • Non–Chapter 21 Contracts
  • Probationary Contracts
  • Term Contracts
  • Continuing Contracts
  • Retired Teachers
• Selection of Staff
  • Certification and the Role of SBEC (State Board for Educator Certification)
  • Nondiscrimination Laws
  • Protected Activity
  • The Hiring Process
  • Criminal Records
  • Restrictions on Employment
• Ending the Relationship
  • At-Will Employees
  • Non–Chapter 21 Contracts
  • Probationary Contracts
  • Term Contracts
  • Reduction in Force (RIF)
  • Continuing Contracts
  • The Independent Hearing System
  • Good Cause
  • A Few Final Thoughts on Good Cause
  • Constructive Discharge
• Summary

7. Personnel Issues

• Educator Rights of Expression
  • Electronic Communication
  • Academic Freedom
• Texas Whistleblower Act
• Reassignment
  • Same Professional Capacity
• Counselors
• Compensation Issues
  • Dual Assignment Contracts
  • Duties and Schedule
  • 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 (FMLA)
  • Military Leave
  • Miscellaneous Leave Policies
• Wage and Hour Requirements
• Workers’ Compensation and Unemployment Compensation
• Grievances and the Role of Employee Organizations
  • Employee Grievances: A Brief History
  • Hearing Employee Grievances
  • The Role of Employee Organizations
  • Collective Bargaining on the National Scene
  • The Law in Texas
• Summary

8. Religion

• Legal Framework
  • No Government Establishment of Religion
  • Free Exercise of Religion
• Constitutional Provisions
  • Federal and State Statutes
• Contemporary Issues
  • The Pledge of Allegiance
  • School Prayer
  • School-Sponsored or Employee-Led Prayer
  • Prayer at School Board Meetings
  • Silent Meditation
  • Invocations, Benedictions, and Religious Speeches at Graduations
  • Baccalaureate Ceremonies
  • Student-Led 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 and Holiday Observances
  • Clergy in the Schools
  • Distribution of Religious Literature
  • Wearing Religious Symbols
  • Student Religious Groups Meeting on Campus
  • Religious Exemptions
  • Assistance to Sectarian Private Schools
• Summary

9. Safety and Discipline

• Constitutional Concerns: Due Process
  • Other Due Process Concerns
  • Constitutional Concerns: Right of Privacy
  • Justified at the Inception; Reasonable in Scope
• Use of Magnetometers and Metal Detectors
• Locker and Desk Searches
• Search of Cell Phones and Electronic Communications
• Use of Sniffer Dogs to Conduct Searches
• Student Drug Testing
• Chapter 37: An Overview
  • Student Code of Conduct
  • Campus Behavior Coordinators
  • Bullying
  • Teacher-Initiated Removal
  • Suspension
  • Removal to a DAEP (Disciplinary Alternative Education Program)
  • Mandatory Placements
  • Discretionary Placements
  • Procedures
  • Life in a DAEP
  • Expulsion
    • Grounds
    • Procedures
    • Emergency Actions
  • Interactions with Law Enforcement
  • Other Disciplinary Practices
  • Corporal Punishment
  • Suspension from Extracurricular Activities
• School Safety
  • Restorative Discipline
  • Discipline of Students with Disabilities
    • Ten Days
    • Change of Placement
    • Manifestation Determinations
    • Stay Put
    • FBAs and BIPs
    • Expulsion
• State Law
• Summary

10. Liability

• Identifying Areas of Legal Liability
  • State Torts
  • School District Immunity
  • Governmental Immunity and Contract Cases
  • Qualified Immunity for Public School Professional Employees
  • The Special Case of Corporal Punishment and Physical Force
  • A Word about Charter Schools
• Federal Civil Rights Liability
  • Governmental Liability
  • Individual Liability
  • Personal Injuries and the Constitution
  • State-Created Danger
  • Liability under Federal Statutory Law
    • Title IX and Sexual Harassment
    • Disability Discrimination