Preventive Law

Preventive Law Corner - The Administrator's Back to School List
Whistles from the football practice field and “back to school” lists in the local paper can only indicate the new school year is upon us. As two-a-days get underway and local grocery stores stock up on school supplies, there are a few things that administrators should consider. Here is an administrator’s “back to school” list: Aug 9, 2010, 08:31

Preventive Law Corner - Service Animals 101
The fur is flying, so to speak, regarding the presence of service animals in public schools. As the popularity of service animals for children with disabilities grows, the number of claims made by parents that their child should be allowed to bring a service animal into school will likely increase as well. So what is a school district to do? This article serves as a brief introduction to service animals in the school environment. Jul 23, 2010, 08:31

Preventive Law Corner - Woulda, coulda, shoulda – Electronic employment contracts
If a school district could totally eliminate paper from the yearly employment contracting process, would it? Could it? Should it? If a school district issues electronic employment contracts and requires employees to electronically sign the electronic contracts, are the electronic contracts even enforceable? The short answer is “Yes!” As long as employees agree to participate in an electronic transaction, electronic contracts are as valid and enforceable as paper contracts. However, if an employee does not actively agree to participate in an electronic transaction, an electronic contract will not be valid against that employee. Additional nuances regarding signing and retaining electronic contracts as well as state regulations of the contracts also come into play. Jun 11, 2010, 08:31

Preventive Law Corner - Evaluations and the Texas Public Information Act
Many schools have encountered individuals who attempt to use the Texas Public Information Act and information received in response to a request to embarrass or attack school employees. Reprimands and similar memoranda in files are often the target of the request. Section 21.355 of the Texas Education Code says that “A document evaluating the performance of a teacher or administrator is confidential.” Thus, when faced with a request for “all records” pertaining to a teacher or administrator, the district must seek a ruling from the Attorney General on whether the district may withhold disclosure of information that the district believes to be “a document that evaluates,” by raising the “confidential by law” exception under Tex. Gov't Code § 552.101 in conjunction with Tex. Educ. Code § 21.355. May 14, 2010, 08:31

Preventive Law Corner - Hazing, Assault or Harassment?
Administrators are sometimes faced with conduct by students that may meet the definitions of hazing, assault and/or harassment. What discretion does an administrator have in naming the offense and issuing discipline for conduct qualifying as multiple offenses? This article serves as a brief discussion to guide administrators in these situations. Apr 12, 2010, 08:31

Preventive Law Corner - Pay Me Now; Pay Me Later: Just PAY ME!
While many of you are just beginning to pull together recommendations for renewals, probationary contract terminations, and proposed nonrenewals, it is not too early to begin planning for compensation in the 2010-11 school year. This article will outline some of the issues to keep in mind as your district goes through that process and some pointers to assist you with the smooth adoption and implementation of your district’s compensation program Mar 8, 2010, 08:31

Preventive Law Corner - TPIA Request 2.0: Helpful Hints and Guidelines for Requests by Fax and E-mail
As long as a public information request is done in writing, the Texas Public Information Act (TPIA) provides broad leniency on a request’s validity. For example, a request does not need to state what law the request is being made under and can even make a request based upon the wrong statute. The requestor also does not need to explain why the request is being made nor can the school district ask why the request is being made. Feb 5, 2010, 08:31

Preventive Law Corner - New Year’s “Reminders” for Administrators in 2010
School is back in session for the beginning of 2010! As school administrators return from the (hopefully) relaxing winter break, here are some reminders of what “old acquaintances” NOT to forget when ringing in the New Year: Jan 11, 2010, 08:31

Preventive Law Corner - What Not to Wear: An Update on Texas Dress Code Cases
Battles continue to be waged all over the State of Texas regarding what students can and cannot wear to school. Below are updates on the most recent court and Commissioner decisions regarding school dress code policies. Dec 11, 2009, 08:31

Preventive Law Corner - Politically Correct - Staying in Bounds During Election Season
With another Election Day upon us, the time is ripe for a review of the legal environment in which school officials must operate with respect to the political process. Nov 16, 2009, 08:31

Preventive Law Corner - Common Issues In Real Estate Transactions
The first step in selling real property is for the board of trustees to pass a resolution authorizing the sale. The board of trustees of an independent school district may, by resolution, authorize the sale of any property, other than minerals, held in trust for public school purposes. Tex. Educ. Code § 11.154 Oct 12, 2009, 08:31

Preventive Law Corner - Let’s Celebrate: Holidays in Texas and Texas Schools
It’s time for the annual “Don’t Forget the Holidays” article, where we update everyone on the calendar of state-recognized holidays that are expected to be recognized by every school. The State of Texas has designated several days as “recognition days.” You might want to be familiar with these days, either for observance in your schools or just as a conversation starter in the teacher’s lounge. Again, please understand that some of the comments in this article are meant to be humorous and not meant to diminish the causes for which the celebrations have been honored or memorialized. Sep 18, 2009, 08:31

Preventive Law Corner - Prayer at School Board Meetings: The Debate Continues in Tangipahoa
The latest round of litigation over the Tangipahoa Parish School Board’s policy regarding invocations at board meetings is underway. On June 24, 2009, the District Court for the Eastern District of Louisiana held that the school board’s practice of praying before the opening of board meetings comes within the “legislative prayer” exception articulated in Marsh v. Chambers. However, a final determination on the constitutionality of the school board’s particular prayer policy practices must be determined at trial. Aug 17, 2009, 08:31

Preventive Law Corner - What the Heck is a Code Blue?!
As George Bernard Shaw eloquently stated, “the single biggest problem with communication is the illusion that it has taken place.” This may be true in many aspects of the school environment, and emergency planning is no exception. As school years gear up and administrators become more preoccupied with the unexpected events that inevitably arise each school year, communication regarding school emergency operations plans may accidentally fall to the wayside. However, in order to reduce panic and better ensure a proper response when school emergencies do occur, it is important to ensure that school district’s multi-hazard emergency operations plan thoroughly address communication issues that will likely arise before, during, and after an emergency event. Jul 10, 2009, 08:31

Preventive Law Corner - Before Bon Voyage: Things to Consider Prior to a Senior Trip
It’s time to say goodbye to the Class of 2009! For better or worse, school districts all over the state have managed to stick it out with their seniors, and have hopefully made it through unscathed. Well, almost. For those school districts adventurous enough to permit the words “senior trip” to be uttered on campus, adventures with the Class of 2009 aren’t quite over yet! Here are a few things school districts may want to consider before sending those wide-eyed seniors out into the early summer air. May 6, 2009, 08:31

Preventive Law Corner - District Web Page Advertising Links: If You Are Missing Links, You Could Be Missing Potential Income
Sure, school districts have web pages, with links to board policy service, student codes of conduct, and handbooks, but what about advertising? What are the merits and liabilities of placing community organizations/business web links on a school district website? Apr 9, 2009, 08:31

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