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Preventive Law
Preventive Law: 2 - 4 - 6 - 8 Why We Don’t Re-tal-i-ate
Retaliation charges against school districts are rising: almost every claim of discrimination also includes a charge of retaliation. Since all districts have anti-retaliation policies, it is important to understand exactly what retaliation is so you know how to avoid i
May 10, 2013, 08:31
Preventive Law: Watch Yourself: The Implications of Video Surveillance in Schools
An increasing number of school districts have installed surveillance cameras in and around school buildings. Although it is “legal” for video surveillance to be used in the schools, be aware of some of the common issues associated with using surveillance in the schools.
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Apr 10, 2013, 08:31
Preventive Law: Don’t Let Head Lice in School Leave You Scratching Your Head
Effective December 20, 2012, the Texas Administrative Code was revised to eliminate “live head lice” from the list of communicable diseases requiring exclusion from the schools. 1 Prior to this change, head lice stood in line amongst diseases such as chicken pox, the measles, and the flu as diseases requiring mandatory exclusion from school.
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Mar 15, 2013, 08:31
Preventive Law: Drop and Give Me 20! Lawsuits Involving Excessive Exercise
Squat-thrusts seem to be a favorite among coaches and personal trainers, and they no-doubt produce great results for conditioning. However, it may be worth noting a recent pattern in lawsuits involving students: squat, 100 times, kidney problems.
Jan 16, 2013, 08:31
Preventive Law: The 1, 2, 3’s of Section 504
Despite being around since 1973, Section 504 of the Rehabilitation Act didn’t seem to start garnering much attention in the school systems until after 2008, when the ADA Amendment Acts of 2008 became effective. Section 504’s reputation as “the light version of special education” has created many misunderstandings regarding its role and requirements in the school system. An in-depth look at Section 504 and each school district’s specific policies and procedures are best addressed with your school attorney. However, below are some frequently asked introductory questions about Section 504 in the schools.
Dec 13, 2012, 08:31
Preventive Law: Oil and Gas Leases – The Gift that Keeps on Giving
It’s no secret. Gas prices are up and the oil industry is booming. With new drilling technology, more and more people (and school districts) are being approached by oil companies or “landmen” looking to execute an oil, gas, and mineral lease. Usually, a landman will present an initial offer to lease property by providing a finalized, “ready to sign” mineral lease, with a nice looking check attached.
Nov 9, 2012, 08:31
Preventive Law: Show Me What You’ve Got – Responding to Texas Public Information Act Requests
It starts with a letter or an email: “Under the Texas Public Information Act, I request copies of ….” The Texas Public Information Act (“TPIA”) makes just about every record of a school district’s official business “public information.” Tex. Gov’t Code § 552.002(a). A record can be public information even if the school district does not hold the information but merely has a right of access to the information, such as records maintained by your Internet service provider or the telephone company. Id. All sorts of records fall within the definition, not just paper records in file cabinets.
Oct 5, 2012, 08:31
Preventive Law: Campus Campaign Controversies
If you have been living on the space station or in the Himalayas you might not have realized that this is a presidential election year (actually, the Himalayas probably get Fox News). With an election year inevitably comes the occasional heckling between staff about who the better candidate might be (or the lesser of two perceived evils). And that leads to the common telephone phone call we receive, “Can a school outlaw politicking and electioneering among its faculty while at school?”
Sep 7, 2012, 08:31
Preventive Law: Elements of the Offense
Texas school districts have been conducting expulsion hearings for years using the procedures that have been established under the Education Code and local policies. Education Code Section 37.007 contains a list of “serious offenses” for which a student either “shall” or “may” be expelled. Throughout Section 37.007, it is repeatedly stated that a student either “shall” or “may” be expelled when the student “engages in conduct that contains the elements” of the specifically listed offenses.# But what exactly does it mean to engage in conduct that contains “elements” of an offense? How does the phrase “elements of the offense” come into play during the expulsion hearing?
Aug 13, 2012, 08:31
Preventive Law: “MAY I TAKE YOUR ORDER PLEASE?” Serving Divorcing Parents in a School Setting
While attempting to maintain order during school hours, administrators often find themselves unwittingly involved in a student’s home life. This dilemma becomes more difficult to manage when that student’s parents are embroiled in a custody dispute and look to school administrators and staff to mediate between them, act as peacekeepers, and, most mystifying, interpret and act in accordance with orders of the Court. At first glance, these orders can look quite daunting, with pages and pages of legalese and unfamiliar terms and phrases. Luckily, becoming familiar with a few key issues can simplify some of the most common questions on these matters and cut down on time spent pouring over custody orders.
Jul 13, 2012, 08:31
Preventive Law: “CONSERVATORSHIP” IS THE NEW “CUSTODY”
It seems you cannot turn on the television or open a magazine without hearing about the latest battle between celebrities or public figures over “custody” of their children. The word “custody” is no doubt embedded in our culture, but Texas law makes a distinct departure from the word “custody” and traditional notions of the parent-child relationship. In fact, Texas law does not even use the word “custody” per se, but separates the concept of custody into a two-pronged approach. The first prong is “conservatorship,” which relates to the right and duties that each parent has with respect to a child. The second prong is “possession,” which refers to the periods each parent is entitled to have a child in his or her care. This article will focus on the “conservatorship” aspect, and the “possession” aspect will be the subject of a future article.
Jun 8, 2012, 08:31
Preventive Law: “MAY I TAKE YOUR ORDER PLEASE?”
While attempting to maintain order during school hours, administrators often find themselves unwittingly involved in a student’s home life. This dilemma becomes more difficult to manage when that student’s parents are embroiled in a custody dispute and look to school administrators and staff to mediate between them, act as peacekeepers, and, most mystifying, interpret and act in accordance with orders of the Court. At first glance, these orders can look quite daunting, with pages and pages of legalese and unfamiliar terms and phrases. Luckily, becoming familiar with a few key issues can simplify some of the most common questions on these matters and cut down on time spent pouring over custody orders.
May 11, 2012, 08:31
Preventive Law: CORPORAL PUNISHMENT – USING THE OTHER SCHOOL BOARD
Once again, the right of school districts to use corporal punishment became a topic of recent discussion in the State Legislature. It seems every time this topic emerges, many believe that school districts will lose the right to use corporal punishment. However, while school districts still maintain the right to use corporal punishment for the reasonable discipline of students, the Legislature has now provided a statutory method for parents to “opt out” of such punishment for their own children.
Dec 9, 2011, 08:31
Preventive Law: Concussion Management – A Headache Unraveled
The 2011 Legislature passed a new law that mandates how schools will respond to students who may have suffered a concussion, and how a student may qualify to return to sports after such an event. Called “Natasha’s Law,” the law adds a new subchapter to the Education Code and establishes requirements for each district regarding student athletes who may have suffered a concussion either in sports or out. The statute imposes some requirements on the University Interscholastic League (UIL) to set standards for training and to approve forms. The statute went into effect upon passage, so it applies to the 2011-12 school year and beyond.
Nov 9, 2011, 08:31
Preventive Law: Let’s Celebrate: Updated “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 and celebrations 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.
Oct 7, 2011, 08:31
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