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Preventive Law
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
Preventive Law Corner -What Do You Call a School Administrator Who Conducts a Strip Search?
The answer to this question is simple: Defendant. You have heard lawyers say that “bad facts make bad law.” The United States Supreme Court has accepted certiorari to consider an appeal of the United States Court of Appeals for the Ninth Circuit in Redding v. Safford Unified School District, et al. over a school official’s decision to strip search a thirteen year old student accused of possessing ibuprofen!
Mar 30, 2009, 08:31
Preventive Law Corner - It's Never Too Early to Think About Nonrenewal
It can never be too early to discuss the nonrenewal process. Although the Education Code says that a notice to propose a nonrenewal must be given to an employee by the 45th day before the last day of instruction, so much more must be done to have a successful nonrenewal process. That means now is the perfect time to discuss nonrenewal basics. There are three things to remember when it comes to the nonrenewal of contracts:
Feb 9, 2009, 08:31
Preventive Law Corner - Your Space, MySpace – Social Networking Legal Update
Social networking sites like MySpace and Facebook are technology success stories. They allow extensive (and sometimes anonymous) communication between members. Today’s students use them to report just about everything in their lives – and sometimes the lives of others. But as with most great inventions, there is often a down side. For both school personnel and students, these sites and others like them have generated serious litigation. Here is an overview of recent caselaw:
Jan 9, 2009, 08:31
Preventive Law Corner -Top Ten Rules for the Holiday Season
It’s that time of year again. There are always a number of questions relating to holiday issues that come up around this season. Below are answers to some of the most commonly asked questions.
Dec 9, 2008, 08:31
Preventive Law Corner -Top spin – How the latest COPA ruling will affect schools
In the most recent round of a ping-pong case,[1] the Court of Appeals for the Third Circuit has ruled the Child Online Protection Act (COPA) unconstitutional because it is vague, overbroad, and it fails to withstand strict scrutiny.[2] The Act, in essence, criminalized web material that is indecent or obscene, including anything that “taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.”[3] Before the ink was dry, civil liberties groups and web content creators planned the litigation to challenge the Act. Their primary concern was that some content—totally appropriate and legal for adults—would become criminal unless the content creators could guarantee that no one age 17 or younger could access the materials. In addition, they complained that what may be “harmful” to a kindergartener would not be similarly harmful for a 17-year-old high school senior, yet the same penalty applied. Furthermore, the law applied only to United States-based Web sites,[4] and the vast majority of pornographic and objectionable material is housed on servers outside the reach of the United States government. The stage was set for an epic (and lengthy) legal battle.
Nov 17, 2008, 08:31
Preventive Law Corner - Criminal History Review of Contractors—Help on the Way?
By now, most administrators who deal with business matters are familiar with the requirements of Texas Education Code § 22.0834.[1] Essentially, certain employees of entities that contract with school districts must submit to a review of their criminal history before they may provide services to a district. The law, while admirable in its goals, left much to be desired in terms of specificity and clarity. Those concerns were left to the Commissioner for further (and probably more effective) treatment by way of a grant of authority to adopt rules for the implementation of the law. Thus, many school districts eagerly await Commissioner’s rules to help them overcome the lack of precision in the law. Luckily for those districts (and the contractors that are subject to the law), the Commissioner appears to be close to formally adopting rules addressing the issue.
Oct 7, 2008, 08:31
Preventive Law Corner - Let’s Celebrate: Holidays in Texas and Texas Schools
The State of Texas has designated several days as “recognition days.” You might want to be familiar with these days--for either observance in your schools or just a conversation starter in the teacher’s lounge. 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 5, 2008, 08:31
Preventive Law Corner - Should You 86 Update 83?
One of the first things that superintendents learn is that policy is passed by the Board of Trustees, thus it is solely the prerogative of the Board. However, a savvy superintendent knows that when Localized Policy Manual updates come their way from TASB, they should review them and be prepared to explain, argue, or at least discuss the proposed policy updates with the trustees. That is especially the case if there is troubling or questionable language in the proposed policies.
Aug 11, 2008, 08:31
Preventive Law Corner - Compensation Pointers
It is that time of year again – if your district has not already set its compensation for the 2008-2009 school year, it will be doing so very soon. 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.
Jul 3, 2008, 08:31
Preventive Law Corner - USERRA – Part III, When a Military Service Member Has Returned
This final installment of our USERRA series will examine what districts must do upon a military service member’s return to employment. We will examine these obligations by focusing on how to properly place the returning serviceperson back into the employment position that they would have had but for their military duty.
Jun 6, 2008, 08:32
Preventive Law Corner - USERRA – Part II, When Military Service Leave has Arrived
A district employee had been identified as an established uniformed service member. The time has come for the district to determine its obligations when releasing the employee for military duty and then returning the service member to employment rolls. This installment of our USERRA series will examine the parameters and commitment districts must demonstrate for their military employees when the employee is called for duty.
May 9, 2008, 08:32
Preventive Law Corner - USERRA
We have all seen the acronym USERRA in the news and if you are like most people you don’t what it is or how it affects school districts. Over the next few months, we will cut through the complexity and illustrate how this seemingly military act affects public schools. In order to truly understand how USERRA will affect the schools when the troops come home, we need to first examine the very basics of who is covered, what services are covered and for how long. Although, this first part of the series may read like boring stereo instructions, it will provide the necessary background for understanding your obligations when one of your employee’s who is also a service member wants to come back to work.
Apr 7, 2008, 08:32
Preventive Law Corner - What Copyright Giveth, License Taketh Away: Resource Sharing and Copyright Concerns
Schools spend many thousands of dollars each year on instructional materials, supplements, library books, and audiovisuals that are housed at individual campuses but used only a few days a year. Not knowing that Campus A owns a particular resource, Campus B may also order that same resource, which is also used only a few days a year. Logic dictates that if Campus A could share its item with Campus B through coordination of scheduling, the District would have additional money available to purchase more supplemental resources or apply to other areas. It sounds like a dream come true!
Mar 13, 2008, 08:32
Preventive Law Corner - How Can School Boards Remove Unsuitable Books from School Libraries?
If you have not yet had a book challenge, just wait. In school year 2006-2007, 67 districts had some sort of challenge to library books or teaching materials. Common reasons for challenging library books include profanity, violence, sexual content, and religious viewpoint. Perennially controversial books such as The Adventures of Tom Sawyer and To Kill a Mockingbird are still challenged today, but sticking to “safe” materials won’t always protect a school from challenges. Even Dr. Seuss was challenged in 2006-2007! Knowing the current law and following policies in place to deal with a materials challenge can turn a potentially volatile and divisive situation into one that follows a regular, established procedure. The ultimate goal is to provide high-quality reading and information materials to support student achievement.
Feb 7, 2008, 08:31
Preventive Law Corner - Schools Beware: Dinah’s probably going to be blowing her horn more often now!
Brace yourself. At the end of November, the Texas Supreme Court ruled that a mere change in an employee’s schedule can constitute retaliation and an illegal adverse employment action under the Texas Whistleblower Act (“TWA”).[1] School districts have long understood that employees who report to an appropriate law enforcement authority what they in good faith believe to be a violation of law by the district or a district employee are protected against retaliation. It has also long been understood that “retaliation” would have to be in the form of an “adverse employment action” (including but not limited to suspension or termination).
Jan 11, 2008, 08:31
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