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Preventive Law
Preventive Law: Selling “Odd Lots” May Put Money in the Bank
With many school districts searching for additional methods to create some extra cash-flow, one option to consider is selling that extra property that’s been lying around. Below is a general overview of the “hoops” that Texas school districts are required to jump through before that sale can happen.
Jan 13, 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
Preventive Law: Back to School List for Administrators
Ready or not, it’s that time of year again. With students back on campus and football season underway, the new school year has officially started. As we look forward to (or brace for) the new year, here are a few things for administrators to consider:
Sep 16, 2011, 08:31
Preventive Law Corner - “Unemployment” Benefits for Substitute Teachers
School districts can be on the hook for costs related to claims for unemployment benefits by idle substitute teachers. Most personnel administrators are familiar with the usual unemployment issues. Ironically, it is those that are most familiar with these issues that may find this proposition hard to digest. This difficulty is probably rooted in the fact that it is hard to consider a substitute teacher who is currently on a district’s substitute list as being “unemployed,” at least with respect to that school district. But, as we’ll see, these employees may nonetheless be entitled to unemployment benefits.
Dec 16, 2010, 08:31
Preventive Law Corner - Who Knew? The Cafeteria May Be Full of “Boilers”
With new health regulations on the horizon and a childhood obesity rate that seems always to be rising, Texas school districts are under more pressure than ever to provide students with a healthy food environment. Some schools have made changes such as banning soft drinks and changing lunch menus. Many schools have purchased new steaming equipment for the cafeteria in an effort to provide a healthier method to prepare meals. Recently, some districts have experienced legal issues after purchasing “steamers” for cafeteria use, not realizing that these steamers are likely subject to the Texas Boiler regulations.
Nov 5, 2010, 08:31
Preventive Law Corner - Good Vibrations: A Case Law Update on Cell Phones in Schools
Given the way that cell phones have so completely permeated everyday life, it is somewhat surprising that case law related to cell phones in the schools has remained fairly limited. In this article, we will update you on the most recent developments in cell phone case law. We expect you all to use your “smart phones” to access this article, and then text the link to your friends.
Oct 8, 2010, 08:31
Preventive Law Corner - The dog ate my scientific calculator! – Students who fail to clear materials records
With school starting, you may have students enroll who arrive with notations on their records that they did not return or pay for all their textbooks or technological equipment at their previous campuses. While this may sound like a trivial issue, the Texas Legislature wanted to give schools some teeth to recover or replace learning materials damaged or lost by students. The teeth the Legislature gave schools may not be long and sharp, but schools have more than plastic chattering teeth with which to recover the materials or the money to replace the materials.
Sep 10, 2010, 08:31
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
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