Preventive Law
Preventive Law Corner - New Year’s “Reminders” for Administrators in 2010
By Kelly J. Shook, Associate - Schwartz & Eichelbaum Wardell Mehl and Hansen, P.C.
Jan 11, 2010, 08:31

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: 

1. Emailing at School is Not a LOL Matter! Every email produced on a school computer that mentions a student by name (or other personally identifiable information) can be an educational record and has the potential to end up in parents’ hands.  If you don’t feel absolutely comfortable with a parent reading the contents of your email, DON’T WRITE IT.  When in doubt, just pick up the phone and speak directly to the person.

2. Fifty Percent of Marriages End in Divorce. Look to court orders (not what one parent has told you) when determining what rights each divorced parent has in relation to a child.  Remember that under the Family Code, parents generally have the right “at all times” to consult with school officials about their child’s education.  So, without a valid court order curtailing or limiting the parent’s rights, the school generally cannot deny a parent access to his or her child or the child’s educational records. 

3. Honesty Really Is the Best Policy. Please be honest during teacher evaluations. Mincing words or leaving out negative (but truthful) comments doesn’t help the school district or the evaluated employees.

4. Don’t Saddle Up Without Proper Safety.  For any rodeo starting on or after January 1, 2010, schools  that “sponsor, promote, or are otherwise associated with” rodeos are required to provide safety training, including proper use of protective gear, for all participating students. Students may not participate in a rodeo associated with the school unless they have undergone safety training no more than one year before the first day of the rodeo.

5. Consider Whether or Not Little Johnny MEANT to Punch that Kid in the Face.  Don’t forget that the Texas Legislature has made it mandatory that administrators consider (1) whether a student was defending himself/herself, (2) the student’s intent or lack of intent at the time the student engaged in conduct leading to disciplinary action, (3) the student’s disciplinary history, and (4) the student’s disabilities when making both mandatory and discretionary disciplinary decisions.

6. Any Way They Want It, That’s the Way We “Leave” It.  New changes to the state leave program prohibit school districts from requiring accumulated leave to be taken in any particular order.  School districts may suggest a default order in which leave will be taken, but the employee must have the option to choose otherwise.

7. Child Find, Even If You Weren’t Sure the Kid Was Lost. School districts are constantly landing in hot water for failure to properly locate, identify, and evaluate students with disabilities.  Remember that red flags should go up not only when a child struggles academically, but also when a child is experiencing chronic disciplinary problems.

8. Stop, Drop, and Roll.  Re-visit the school’s emergency operations plan, and make sure all personnel are familiar with drills and adequately prepared in case of an unexpected emergency situation.

9. Tick-Tock on PDAS. Be aware of PDAS timelines! Remember that a written summary of each formal observation must be provided to a teacher within 10 working days of the observation.  This rule also applies to “documentation” or “third party information” that will or may affect a PDAS rating.

10. Take, but Don’t Text: Administrators have the authority to confiscate student cell phones when the cell phones are used in violation of district policy.  However, remember that without reasonable suspicion, administrators generally do NOT have the authority to search the content of confiscated cell phones, including reading or sending text messages and checking voicemail.

The above “reminders” are general guidelines for school administrators and do not constitute legal advice.  Consult with your school law attorney for more specific information regarding each of the topics listed above or what to do in a specific situation.

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