Kerr County officials grilled over absences, delays in tense Kerrville hearing  KERRVILLE — Lt. Gov. Dan Patrick slammed Kerr County Judge Rob Kelly at a hearing Thursday for being absent on July 4 as rising flood waters tore through the county, washing away homes and killing more than 100 people.   “I don’t know where you were on Day One, on July 4, but you should have been here. You should have been here directing that response. That is your responsibility,” Patrick, a Republican who presides over the state Senate, told Kelly at the flood-focused hearing.  “I just want to set the record straight. Everyone was here that day working their ass off, and you were nowhere to be found.” view article

Andrew McGann resigned from Lewisville ISD in 2023 amid allegations of inappropriate behavior with students.  A teacher charged with murdering a mom and dad at a state park in Arkansas in front of their two young children formerly taught at a North Texas elementary school.  Andrew James McGann, 28, was arrested Wednesday by Arkansas State Police at a barbershop in Springdale following a five-day manhunt and was charged with two counts of capital murder.  McGann is accused of killing Cristen and Clinton Brink at Devil’s Den State Park while they were hiking with their daughters, ages 7 and 9 years old. view article

The Houston Federation of Teachers filed suit against the district for awarding raises based on performance metrics, alleging it violated state law.  A Harris County judge has denied a teachers’ union request for a temporary restraining order against the Houston Independent School District, allowing the district to move forward with its performance-based teacher compensation plan for the 2025–26 school year  .The legal dispute between the Houston Federation of Teachers and Houston ISD centers on House Bill 2, a new Texas law that establishes a Teacher Retention Allotment of approximately $3.7 billion.  view article

UNT will pay more than $700,000 to resolve accusations of racism.  A public university in Texas just learned an expensive lesson.  According to media reports, the University of North Texas will pay $725,000 to Professor Robert Jackson. Jackson sued the university in 2021, claiming to have suffered professional and emotional damage following accusations of racism leveled at him in te immediate aftermath of George Floyd’s death.  The dispute arose following a discussion in an obscure academic journal edited by Jackson. view article

After refusing to sell “surplus property” back to its former owner, the Texas Department of Transportation is now before the Supreme Court in a case that could reshape the state’s eminent domain policy.  “Eminent domain” is the government’s power to take private property for public use, provided “just compensation” is given to the owner. Texas law outlines specific procedures for such acquisitions and—relevant to this case—grants limited rights to repurchase the property if it becomes unnecessary for public use.  Facts of the Case  According to court records, in 2013, the Texas Department of Transportation (TxDOT) sent an offer to Joyce Hutcherson, Rudolph Pusok, and Jimmie Pusok—the owners of 19502 Mueschke Road in Tomball—to purchase their property. TxDOT planned to construct a new road along the Grand Parkway (State Highway 99). view article

Senate Bill 12 is designed to close loopholes and stop the flow of taxpayer funds to registered lobbyists.  Taxpayer-Funded Lobbying Costs Millions as Texas House Failed to Act view article

A gag order regarding the fatal stabbing at a Frisco ISD track meet has been issued by a Collin County judge, CBS News Texas confirmed. This gag order issued by Judge John Roach applies to anyone associated with the defense or the prosecution on the case. view article

A Frisco ISD spokesperson has confirmed to WFAA that the school district received lawfully issued subpoenas in connection with an ongoing criminal case that resulted in the death of one student and the arrest of another for murder. In the case State of Texas vs. Karmelo S. Anthony, prosecutors allege Anthony intentionally stabbed Austin Metcalf, a student-athlete at Frisco Memorial High School, during a dispute at an April 2 track meet. view article

The Frisco Independent School District has been subpoenaed to provide the names of students who were at the April 2 track meet at Kuykendall Stadium, where Austin Metcalf, a Memorial High School student, was fatally stabbed, a district spokesperson confirmed to CBS News Texas. The subpoena is part of the criminal case The State of Texas vs. Karmelo Anthony. Anthony, also a student, is accused of stabbing Metcalf during the meet and is facing a charge of first-degree murder. view article

A jury has found a former LaPoynor ISD coach guilty of tampering with evidence after an incident involving a recording in a girls’ locker room. LaPoynor ISD serves Larue and Poynor, communities southeast of Athens. Former girls’ basketball coach Jammie Allen Maze, 45, of Brownsboro, was arrested in 2023 after a phone was found with the camera on left in a shoe under a bench in the girl’s locker room. view article

On July 15, a Travis County judge sentenced a former Austin ISD executive in connection with a district theft investigation. According to court documents, 46-year-old Lynn Brennan was given two years’ deferred adjudication after she entered a guilty plea. During the two years, Brennan must complete 100 hours of community service in addition to other requirements. view article

If you’re one of the many Texas school districts operating under a District of Innovation (DOI) Plan, you’ve already embraced flexibility and local control. But with each legislative session, it becomes increasingly important to reevaluate whether your plan still fits within the legal boundaries.

During the 87th (2021) legislative session, the Legislature quietly expanded the authority of the Commissioner to investigate complaints against public schools and intervene beyond accreditation matters. These legislative revisions to Chapter 39 of the Texas Education Code (TEC) are resulting in a new wave of investigations into locally controlled policies and procedures like school district discipline procedures, bullying and harassment policies, and even student record keeping—previously considered the domain of local school officials and beyond the reach of officials in Austin. As a result, filing a complaint with TEA’s Special Investigations Unit (SIU) has become the weapon of choice for anyone disgruntled with the actions of a public school.

Congratulations on passing your bond. It’s time to get to work. Let’s, for just a few minutes, set aside the beautiful architectural renderings and the excitement of the benefits that your construction program will bring to you community, and talk about ways to minimize the risk inherent in such a large undertaking.

Receiving a subpoena to testify for the first time can be daunting for most educators and school administrators. Preparation will ensure your testimony is clear and accurate. Whether the case involves student welfare, special education disputes, personnel matters, or other legal issues, below are key steps for teachers and administrators to prepare to testify under subpoena:

Spring break is right around the corner! While schools welcome a much-needed break, they must also be ready to welcome possible new transfer students upon return. The Individuals with Disabilities Education Act (IDEA) imposes certain requirements regarding the provision of special education services to students who transfer from one public agency to another. See 34 C.F.R. § 300.323(e)-(g). Within the past year, the Commissioner revised the administrative rules governing how Texas districts must respond when a special education student transfer into their district from another public school district (in-state or out-of-state). The following is a brief overview of those obligations for mid-year transfer students.

While “tangible” property has always been a consideration in school district management, the rise of the importance of “intellectual” property (IP) has introduced a new realm of assets that require thorough and thoughtful safekeeping. From educational material and district branding to the fast-developing sphere of artificial intelligence (AI) and name, image, and likeness (NIL), IP is now a major cornerstone of scholastic and operational success for most school districts.

As the college and professional football seasons come to an end, many fans- myself included- are reminded of this truth: not every hire can be a touchdown. A seemingly great candidate joins your team and suddenly they’re not hitting the mark. It could be due to disciplinary issues, ineffective work, or a number of other problems. Many administrators have dealt with difficult employees and have at times been required to make the decision to terminate their employment. When those employees happen to be at-will or probationary employees, some assume they can safely terminate their employment without developing the usual documentation. This, in fact, may not be a safe assumption.

When a school district analyzes locations for construction of potential facilities, water supply is often a key component of that evaluation. At times a location does offer easy access to an established and affordable municipal water supplier to whom a district can simply “hook up.” With an existing system, a school district will hope to pay a reasonable rate for water of a quality and quantity sufficient to meet its needs. Unfortunately, that is not always the case. A school district may need to examine obtaining an alternative water supply in order to meet the demand for its project or explore options to supplement its primary supply due to water quality, quantity, or cost concerns.

For as long as I can remember, school district administrators have been comfortable placing employees on paid administrative leave in the best interest of the district and reassigning even Chapter 21 contract employees to another department, position, or campus so long as the reassignment did not result in a change in the employee’s contract or pay, and the new position was in “the same professional capacity.”

A Garland ISD employee is on administrative leave after allegedly taking photos of a female elementary school student while she was in the restroom. The incident reportedly took place during the week of March 29 at Abbett Elementary, according to an email sent to parents on Thursday, April 1. view article

Pursuant to subsection 38.001(f) of the Education Code, the Legislature provided that a student who has not received the immunizations required by law “for reasons of conscience, including because of the person’s religious beliefs, may be excluded from school in times of emergency or epidemic declared by the commissioner of public health.” Read in context, a court likely would conclude that this exception does not permit exclusion of students who lack vaccinations unrelated to an existing "epidemic" contemplated by subsection 38.001(f). view article

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On May 4, 2020, the Department of Education (“DOE”) issued new Title IX regulations, which direct how educational institutions receiving federal funds must address reports of sexual harassment and sexual assault involving both students and employees. view article

At SL&A, we offer a full array of legal services for our school law clients throughout Texas. We strive to deliver a high-level of client service through teamwork, calling upon our attorneys’ decades of public and private experience to provide practical solutions and advice for all school needs. view article

Officers with the Hudson ISD Police Department arrested a former math teacher for the school district on Monday in connection to allegations that he had an improper relationship with a high school student that included sexual contact. view article

On Friday, the American Civil Liberties Union (ACLU) officially filed a grievance against the Wimberley Independent School District, according to our partners at the Austin-American Statesman. The grievance is the result of an email Superintendent Dwain York sent to some parents in December 2019 regarding the altering of the district's logo to include the colors of the gay pride flag, according to the Statesman. view article

A former student has filed a lawsuit against Dallas ISD after he lost his status as his high school’s salutatorian a day before graduation due to a last minute change in rankings. In June, the district apologized after class rankings at Woodrow Wilson High School were changed right before graduation because of a calculation error. Now a former student is suing Dallas ISD, claiming that the change will affect his applications to universities and employers. view article

Terry Burchett, 69, was arrested in South Carolina on February 18 on charges of child pornography. He was found to be in possession of over 9,800 sexually explicit images of children according to the South Carolina Attorney General’s Office. view article

A federal judge has dismissed a lawsuit filed against Irving ISD and the city of Irving by Ahmed Mohamed's family, according to Dallas Morning News. Ahmed made headlines when he was 14 years old and made a clock in school that was mistaken for a bomb in 2015. His family stated that his civil rights were violated when he was arrested at MacArthur High School and charged with making a "hoax bomb." The charge was later dropped, but he was still suspended. view article

A Lockhart High School science teacher has been arrested for having an improper relationship with a 17-year-old male student. Sarah Fowlkes started at the district in October 2014. On March 10, 2017 a school administrator reached out to Lockhart Police after receiving a "concerning report." LPD launched an investigation and determined Fowlkes was engaged in sexual contact with the student. view article

The plaintiffs continued building their case Tuesday in the instance of a student at Lewisville ISD who is suing the school for Title IX violations. The girl was 14 years old when she said she went to a high school party and got sexually assaulted by two high school football players at Hebron, a school in the Lewisville district. view article

When Deron Harrington filed a lawsuit on behalf of three parents in May 2015, he was trying to make sure the district where his kids attended school was following student truancy laws. He had a hunch that wasn't the case. At the time, Fort Bend ISD was making headlines for referring thousands of students to the county's specialized truancy court. Data showed a disproportionate number of the district's students referred to truancy court were African-American. As a lawyer, Harrington thought he could make a difference. view article

On March 11, 2016, the Texas Education Agency Commissioner of Education, Mike Morath, requested an opinion from the Texas Attorney General on the implementation of SB 507. This new law requires video surveillance of certain special education settings upon request beginning in the 2016-2017 school year. In an earlier blog post, I outlined the provisions of SB 507. view article

More than two months after a tornado hit Shields Elementary School in northern Ellis County on Dec. 26, Red Oak ISD confirmed Thursday that the original builder of the school, Ratcliff Constructors, has agreed to pay for the repairs. Fox 4's Lori Brown began investigating concerns about the quality of construction at the school  in Glenn Heights after an exterior wall collapsed in the tornado. view article