Author: lfsuser

To Lease or Not to Lease, That is the Question

On October 20, 2020 Attorney General Ken Paxton opined on the ability of school districts to enter into long-term leases with private entities. More specifically, the Tarrant County Criminal District Attorney asked Attorney General Paxton whether an independent school district may enter into a long-term ground lease with a private entity that intends to develop […]

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Understanding Compensatory Services

As schools continue to navigate the whitewater rapids of COVID-19, the issue of compensatory services has steadily started gathering more attention both locally and nationwide. While not unexpected given the massive disruption the pandemic has, and continues to, wreak on the provision of special education services, discussions regarding compensatory services are rarely welcomed. This can […]

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ACLU Dress-Code Letters

by Holly James Many of you have received letters within the past few days from the ACLU concerning your district’s dress code.  The ACLU’s basic position in these letters is that any gender-based distinctions in a student dress code violate the Equal Protection Clause of the U.S. Constitution and Title IX, and that a Texas […]

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Update on New York Class Action Complaint

Many of you have received emails or other communications from the Plaintiff in the recently filed case pending in the U.S. District Court for the Southern District of New York.  As you are aware, the Plaintiff has sued virtually every school district in the United States asserting that the districts have violated the IDEA by […]

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COVID-19 UPDATE

Below are today’s updates regarding COVID-19 and its impact on Texas public schools.  For additional resources, please visit our COVID-19 page. Attorney General Claims Local Orders Closing Schools Are Invalid. Tarrant County Abandoning Order? Holly James, Senior Associate Attorney General Ken Paxton issued an opinion today regarding the legality of local public health orders that […]

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FAPE and Transportation

In these ever-changing times during the pandemic, some districts are discussing staggering students’ arrival and departure times during the 2020-21 school year to prevent the spread of COVID-19. If your district is considering this option, you should be mindful of how this may affect students with disabilities. The law is clear that a district cannot […]

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TEA Special Education and Special Populations Updates for the Week of June 1, 2020

Updates to the Texas Education Agency’s Special Education and Special Population sections of the COVID-19 Support webpage last week were limited to the release of a single, if thorough, Guidance and FAQ regarding Continuity of Learning for Secondary Transition.  The nine-page document walks through the following topics: Transition Services During COVID-19; Guiding Questions for Secondary […]

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TEA Special Education and Special Populations Updates for the Week of May 25, 2020

The Texas Education Agency updated its COVID-19 Special Education Q&A last week to address questions related to Dyslexia screening and coding.  The first question reminded districts that Governor Abbot has waived the required kindergarten dyslexia screening for the 2019-2020 school year. Details regarding the requirements of the waiver are set out in Emergency Commissioner’s Rule […]

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January 24, 2025

New ICE Directive

On January 21, 2025, Acting Department of Homeland Security Benjamine Huffman issued a directive rescinding the Biden Administration’s guidelines that designated schools and other community services as “sensitive areas”.   Those guidelines had stated that to the extent possible, ICE agents should not carry out immigration enforcement activities in these locations. It is now unclear whether […]

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