Preventive Law:Celebrate the Holidays

December 0208:35 AM
 

My favorite article that I have written over the years is one on official state holidays and recognitions. I find it fascinating to see which lobbyists succeed in recognitions for their cause. I look at this calendar and wonder why Monarch butterflies and veterinarian technicians get their own week, Lung Cancers Awareness gets only one day, Gold Star mothers get a day but not fathers, and there are no recognition days in December? Did you know that the 11 th day of each month is a recognition “day?”

As part of a settlement agreement filed Friday in court, the district will direct staff at Bellaire High School to use pronouns that align with a student’s sex at birth until the student turns 18 years old. view article arw

In case you are running low on things to worry about this semester, never fear. This article is dedicated to the False Claims Act (FCA), another tool the federal government appears happy to point in the direction of public schools.

Governments rely on private contractors, or vendors. Many times, using a vendor is either more efficient, less expensive, or gives the government access to expertise that it does not have. Given the ubiquitous nature of contracts with the private sector, devoting some time and attention to your vendor contracts is important.

During the 89th Regular Legislative Session, HB 6 made a number of changes to Chapter 37 of the Texas Education Code and the content of the 2025-2026 Student Code of Conduct. Many of these changes will likely be welcomed by Texas public schools, such as the ability to have more discretion in the determination of appropriate behavioral consequences for a student found in possession of a VAPE device.

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.