Education Lawyers | Leasor Crass, P.C.

Welcome to Leasor Crass, P.C. Leasor Crass, P.C. is a boutique law firm located in Mansfield, Texas, with a main focus on the representation of public schools. The firm is managed by Mike Leasor and Rhonda Crass, seasoned attorneys with …

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December 9, 2022 By LeasorCrass

Abbott to Stop the Tok

by Taylor Garner

On December 7, 2022, Governor Greg Abbott ordered all Texas state agencies to ban the use of TikTok on any government-issued devices. In his letter to state agencies, Abbott ordered every state agency in Texas to ban its officers and employees from downloading or using TikTok on any of its government-issued devices.  The TikTok ban extends to all state-issued cell phones, laptops, tablets, desktop computers, and other devices capable of internet connectivity and must be strictly enforced by each agency’s IT department.

In addition to the application being banned from all government-issued devices, Abbott directed the Texas Department of Public Safety (DPS) and the Texas Department of Information Resources (DIR) to develop a model plan that other state agencies can deploy concerning the use of TikTok on personal devices. The model plan will be presented to the Office of the Governor (“OOG”) and circulated to all other state agencies for their use on or before January 15, 2023. Each state agency will then have until February 15, 2023, to present OOG and DPS with its policy governing the use of TikTok on personal devices. Upon approval by the DPS Cyber Security division, the state agency shall promptly implement that policy for its employees, contractors, and facilities.

In a similar letter to Lieutenant Governor Dan Patrick, Abbott highlights the importance of “passing legislation to make permanent the directive [he has] issued to state agencies… applicable to local government.” At this time, it appears that this Order is applicable only to state agencies, not local government.

While there does not appear to be any immediate action required by school districts under this Order, our firm recommends implementing network-based restrictions to prevent the use of TikTok on any personal device connected to district wireless internet in order to safeguard the district’s sensitive information and critical infrastructure. Should you have questions regarding this Order, please contact the attorneys at Leasor Crass, P.C. for further information.

Filed Under: Blog, Students

November 30, 2022 By LeasorCrass

School District Strikes Out

by Felicia Webb

On October 24, 2022, the Eastern District of Texas overruled a school district’s objections to the Report and Recommendation of a magistrate judge denying the district’s motion to dismiss. Ultimately, the court ruled that coaches may be “appropriate persons” with actual knowledge satisfying one element of a Title IX complaint. A Brownsboro ISD student, through his parents, filed a Title IX lawsuit against the district. The suit alleged the district was deliberately indifferent to student-on-student sexual harassment on the baseball team.

Under Title IX, a plaintiff must show that a district (1) had actual knowledge of the harassment, (2) the harasser was under the district’s control, (3) the harassment was based on the victim’s sex, (4) the harassment was so severe, pervasive, and objectively offensive that it effectively barred the victim’s access to an educational opportunity or benefit, and (5) the district was deliberately indifferent to the harassment. In this case, the magistrate judge determined the student sufficiently pleaded all five elements. Brownsboro ISD challenged elements one, four, and five.

In reviewing the district’s objections, the court must determine whether the district had “actual knowledge,” specifically whether the student reported the misconduct to an “appropriate person” as defined by Title IX. The student in this case alleged the head baseball coach knew of the “time-honored hazing tradition” and “sexually hostile educational environment” among students on the baseball team. Further, it was alleged the head coach was present and witnessed an incident on the team bus wherein senior students sexually assaulted the complainant.

Brownsboro ISD argued that a baseball coach could not be an appropriate person for purposes of reporting sexual harassment within the meaning of Title IX. However, the court disagreed, noting that whether a district employee is an “appropriate person” is a question of fact. Further, the court noted “the appropriate person must have the authority to both ‘repudiate th[e] conduct and eliminate the hostile environment.’” Here, complainants alleged the coach was responsible for all discipline related to the team, could have stopped the practice of hazing, and held the offending students accountable.

Similarly, the court rejected Brownsboro ISD’s arguments related to elements four and five determining that the student alleged a long-standing tradition of hazing and sexual harassment which preceded the bus incident. Additionally, although the district responded to the bus hazing incident, the allegation of hazing traditions could amount to deliberate indifference. As a result, the court denied Brownsboro ISD’s motion to dismiss, and allowed complainants to move forward with their suit.

While it is unclear at this time whether Brownsboro ISD’s defense will be successful, the court’s denial of its motion to dismiss is an unfortunate reminder to take reports of sexual harassment seriously. It is important to ensure all employees, including coaches, receive adequate training on their obligations to report, investigate, and address each instance of sexual harassment. Further, training on the Title IX complaint process will no doubt prove helpful in the event your district encounters a similar situation. The attorneys at Leasor Crass have created in depth Title IX documents and training to help ensure school districts comply with both federal and state laws concerning sexual harassment.

If you would like to read the full decision, click here.

If you have any additional questions about Title IX, sexual harassment, or any other issue, please do not hesitate to contact the attorneys at Leasor Crass.

Filed Under: Blog, Sexual Harassment, Students, Title IX

October 7, 2022 By LeasorCrass

Don’t be Spooked by Title IX Complaints

Taylor Garner / Dr. Debbie Cano

October brings Fall weather, changing leaves, and a bit of chaos on the student discipline front. Homecoming festivities and other school-sponsored events may trigger an uptick in allegations of student-on-student sexual misconduct.  When a school employee receives notice of a potential Title IX issue, the District must respond with immediate and swift action so as not to be considered deliberately indifferent. 

Leasor Crass recommends the following steps when analyzing a possible complaint of sexual harassment.  In emergency situations, the law allows the District to remove a student accused of sexual assault or harassment if the student poses an “immediate threat to the physical health or safety of the complainant.”  After evaluating the necessity of emergency removal, the District should consider making an immediate report to CPS.  According to Texas law, anyone who has a reasonable cause to believe a child is being abused, neglected, or exploited must report it to CPS.  This step is crucial in ensuring District personnel are not penalized for failing to adhere to mandated reporter laws.  Depending on the circumstances, the District may also need to notify law enforcement.

Throughout the Title IX process, the District should implement supportive measures to ensure that students feel safe and have equal access to educational programs and activities.  Supportive measures may include speaking to a school counselor or a schedule change.  Under Title IX regulations, no disciplinary or punitive sanctions can be imposed until after there is a determination of responsibility by the decision maker as part of the required grievance procedure.

The attorneys at Leasor Crass, P.C. recognize the complexity and time-sensitive nature of these complaints.  In addition to training school personnel to identify and investigate potential Title IX claims, we are available to assist the District with any of the following processes:

  • Evaluating an initial complaint
  • Implementing supportive measures
  • Procedural steps to investigating a formal complaint

 

Filed Under: Blog, Discipline, Students, Title IX

September 14, 2022 By LeasorCrass

“In God We Trust” Sign Donations: How Should Districts Respond?

Dr. Debbie Cano

Senate Bill 797, enacted in August of 2022, requires public elementary and secondary schools to display in a conspicuous place in each building of the school or institution a durable poster or framed copy of the United States national motto, “In God We Trust.” The signs must be donated or purchased with private funds and “must contain a representation of the United States flag centered under the national motto and a representation of the state flag, and may not depict any words, images, or other information.”

Once S.B. 797 became law, Patriot Mobile donated signs to districts across the metroplex. In quick succession, other groups created displays of the motto both in Arabic and rainbow lettering signifying support of the LGBTQ community and demanded that those signs be displayed as well.

In response to the controversy, Senator Bryan Hughes, co-author of the law, sent an August 26th letter to the Texas Education Agency, clarifying that S.B. 797 was not intended to force school districts to display more than one poster per building or in languages other than English. Hughes explained the “statutory prescription that the motto be displayed as it appears in [S.B. 797], and with no ‘other words, images, or other information,’ limits the legally mandated display of the motto to only posters or framed copies presented in English.”

Senator Hughes also explained that “nothing in state law prohibits the display of the national motto in any other language… [h]owever, the law requires only the display of a poster or framed copy, as expressly stated in the statute.” Id.

What this means for districts is that a public elementary or secondary school must comply with the statute’s requirements and post one “In God We Trust” poster or framed copy if it is donated and meets requirements under the law. The statute requires that the sign must: (1) contain a representation of the United States flag centered under the national motto and a representation of the state flag; and (2) not depict any words, images, or other information other than the representations listed in Section 1.004 of the Texas Education Code.

If you have any questions or concerns regarding S.B. 797, the attorneys at Leasor Crass, P.C. are available to assist.

Filed Under: Blog, Board Governance, Board Policy

August 22, 2022 By LeasorCrass

School Safety & Security Mandates: Random Audits Coming in 2022-2023

by Taylor Garner

Following the tragedy at Robb Elementary School, state educational leaders, legislators, and community members are seeking assurances from school districts across Texas regarding safety and security plans and procedures. The Texas House of Representatives Investigative Committee recently released a 77-page report detailing the Uvalde shooting and the extent to which the Uvalde ISD acted in accordance with their established school safety plan.

In the report, the House Committee analyzed whether the Uvalde ISD’s safety plan was adopted and executed under Texas Education Code § 37.108. Section 37.108 requires each school district to adopt and implement an emergency operations plan. Among other things, the plan must include training for responding to an emergency; measures to ensure proper communication technology and infrastructure in the event of an emergency; mandatory drills or exercises; measures to ensure coordination with local emergency management agencies; and the implementation of a safety and security audit. Tex. Educ. Code § 37.108(a). At least once every three years, each school district must conduct a safety and security audit of the district’s facilities in accordance with the procedures developed by the Texas School Safety Center (TxSSC). Tex. Educ. Code § 37.108(b).

In his June 1st letter, Governor Abbott set forth specific expectations for districts that must be completed by September 1, 2022, and certified to the TxSSC by September 9, 2022. The requirements include that districts ensure their School Safety and Security Committee meets to review their Emergency Operations Plan and address any campus safety needs—including the Active Threat plan. Texas Education Code § 37.109 requires each school district to establish a school safety and security committee in accordance with guidelines from the TxSSC. Tex. Educ. Code § 37.109(a)-(b).

At a minimum, the committee must meet three times per year—at least once during each academic semester and at least once during the summer. The committee is subject to Chapter 551 of the Government Code and may meet in executive session as provided by that chapter. Notice of a committee meeting must be posted in the same manner as notice of a meeting of the district’s board of trustees. Tex. Educ. Code § 37.109(c).

Governor Abbott has tasked TxSSC, in coordination with TEA, to develop and implement a plan to conduct random, in-person inspections and audits to assess access control measures to school district buildings. If you have questions or concerns regarding your district’s safety and security plan or committee responsibilities, please do not hesitate to contact the attorneys at Leasor Crass, P.C.

Filed Under: Blog, School Boards, School Safety, Students

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LEASOR CRASS, P.C. Blog

On December 7, 2022, Governor Greg Abbott ordered all Texas state agencies to ban the use of TikTok on any government-issued devices. In his letter to state agencies, Abbott ordered every state agency in Texas to ban its officers and employees from downloading or using TikTok on any of its … Read More

On October 24, 2022, the Eastern District of Texas overruled a school district’s objections to the Report and Recommendation of a magistrate judge denying the district’s motion to dismiss. Ultimately, the court ruled that coaches may be “appropriate persons” with actual knowledge satisfying one … Read More

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