A school district was found to have denied FAPE to a student when it failed to provide any IDEA services after the student was expelled from school for attacking another student. What is FAPE, under IDEA? Under IDEA, a free appropriate public education (FAPE) is special education and related services that: Are provided at public […]
Read moreThe 86th Legislature was hard at work this year drafting and pushing bills affecting school districts across Texas. One such bill you should be aware of may affect the way school districts handle the all too familiar Public Information Act request. Senate Bill 944 is effective September 1, 2019 and makes several changes to the […]
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By Victoria Elliott, Associate In a world where high school and college degrees are everything and hard work is often overlooked, students in special education or those students who struggle to pass end-of-year assessments are already at a disadvantage. In the past, these students could not graduate high school with an endorsement if they were […]
Read moreOn May 24, 2019, Attorney General Ken Paxton handed down an opinion, at the request of Commissioner of Education Mike Morath, providing some much needed clarity regarding “walking quorums” and the Texas Open Meetings Act (“the Act”). The Request for Opinion came after the Court of Criminal Appeals ruled in State v. Doyal that Section […]
Read moreIn addition to being ineffective, disciplining a student for conduct that is caused by, or has a direct and substantial relation to a student’s disability, constitutes disability-based discrimination. Further, subjecting a student to a disciplinary removal that is based on the student’s disability can deprive a student of a free, appropriate public education when it […]
Read moreThe Federal Commission on School Safety recently issued its Final Report. A copy of the full report can be accessed via the Commission’s website here. The Report has made early headlines primarily due to its criticism of the Obama Administration’s “Rethink School Discipline” guidance, which included rules targeting exclusionary discipline and requiring the application of […]
Read moreDid you know parents do not have a right to compel a school district to provide specific programming or employ specific methodology when teaching students with disabilities? According to a Special Education Hearing Officer’s interpretation of the IDEA, parents may provide meaningful input into the development of their child’s IEP, but are not entitled to […]
Read moreIn the recent consolidated cases of Kane v. United Indep. Sch. Dist. and Volpe v. United Indep. Sch. Dist., the Commissioner of Education ordered a school district to adopt a grievance policy requiring a school board to hold grievance hearings, without delegation to a committee. Under the district’s local grievance policy at issue, the board […]
Read moreMike Morath handed down a decision ruling Texas Education Code §37.105 “does not limit the right of a school board to exclude individuals from school property.” The Lead-Up This controversy started with Mr. Santiago Salinas, a member of the Webb Consolidated Independent School District’s Board of Trustees during the 2016-2017 school year and the father […]
Read moreAlthough the title sounds like that of a bad heavy metal song, it actually refers to three very recent news topics on the legal front that may affect your school district. Guns: If your school is a polling location, the Election Judge can carry at your school. In Opinion No. KP-0212, Attorney General Ken Paxton […]
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