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.

Houston ISD asked nearly 50 principals to resign or face board termination in 2024, state-appointed Superintendent Mike Miles said in a Thursday live event with the Houston Chronicle.  The number provides new detail to last year's sweeping principal turnover that led to 76 principals leaving their roles in June. Community members protested the pressured resignations of some beloved principals, including Jessica Berry of Herod Elementary, Jose Auden Sarabia of Meyerland Performing and Visual Arts Middle School and Lea Mishlan of West Briar Middle School.  And while seven principals in the district's West Division said they were told to leave — two of which ended in involuntary terminations rather than resignations — the number district-wide is much higher. view article

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.

Legislation passed in 2023 to prevent gender mutilation of minors did not address the psychological or social transitioning element. view article

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.”

It’s election season! That wonderful span when all Americans make the time and mental effort to reflect on and celebrate the fact that we are more alike than we are different and when we, as an electorate, focus on the real issues to be worked on instead of being distracted by curated, quasi-contextual soundbites that serve only to divide us and make political consultants rich. Or…something like that.

For anyone working in public schools, the category of “things I didn’t sign up for” seems to be expanding rapidly. It is increasingly routine, for example, to receive a subpoena for either testimony or documents in conjunction with your work as an educator. While no one would recommend that you ignore a subpoena, there are rules that must be followed by anyone seeking to issue and serve a subpoena. School staff are often unaware of these rules and can inadvertently make it easier to be subpoenaed, which can create a distraction from school-related duties and place school staff in the middle of legal disputes having nothing to do with them. More problematic is how frequently districts are asked to produce student or employee records via subpoena. If the subpoena is not properly served under the Texas Rules of Civil Procedure, this can impact a district’s ability to lawfully produce otherwise protected records.

As districts face an ever-increasing number of community “watchdogs” and social media warriors posting opinions on issues based on, at best, 50% of the actual facts, it is common to question what the legal remedies are for defamed districts, employees, and officials. On the other hand, districts may also question what recourse the public may have against them and their employees and officials when defending themselves in a public forum on a controversial issue. Below is a brief analysis of each of those situations.

Texas school districts are authorized to provide public school transportation. For those that do, motor vehicle accidents are fertile ground for claims against school districts. School districts may benefit from taking the time to review their risk management approach to the provision of transportation services.