Mike 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 […]
Read moreAs detailed in a monitoring report released by the U.S. Department of Education’s Office of Special Education Programs (“OSEP”) last month, TEA’s use of the 8.5 percent special education representation indicator was determined to have contributed to a statewide pattern of practices that violated the Individuals with Disabilities Education Act (IDEA) child find requirements, resulted […]
Read moreYesterday, Attorney General Ken Paxton issued an opinion in response to Texas Senator Paul Bettencourt’s request regarding resolutions adopted by some school districts which were designed to encourage a culture of voting (the “Request”). Some of the resolutions referenced texaseducatorsvote.com and included the possibility of transporting employees and/or students to polling places. You can see […]
Read moreTexas law prohibits collective bargaining and strikes by public employees, but it preserves the right to redress of grievances. Tex. Gov’t Code Ann. §617.005 provides: “This chapter does not impair the right of public employees to present grievances concerning their wages, hours of employment, or conditions of work either individually or through a representative that […]
Read moreHouse Bill 674 (“HB 674”) has two parts: it adds Texas Education Code (“TEC”) § 37.005(c), which prohibits out-of-school suspension (“OSS”) for students below 3rd grade, with some exceptions; and it adds TEC § 37.0013, POSITIVE BEHAVIOR PROGRAM, which authorizes districts to create new disciplinary alternatives for students below 3rd grade who engage in conduct […]
Read moreThe Texas Legislature passed Senate Bill 7 (“SB 7”) this summer in an effort to address the increasing number of inappropriate relationships between educators and students being reported. The legislation, which became effective on September 1, 2017, included significant changes to the requirements for reporting educator misconduct found in Section 21.006 of the Texas Education […]
Read moreHave you ever used this, or similar, language in a settlement agreement with a claimant? Subject to the provisions of the Texas Open Records and Meetings laws, the parties expressly agree that the terms and conditions of this Agreement, and all matters relating to the potential lawsuit not otherwise contained in any public records, shall […]
Read moreNormally in this space someone from Leasor Crass, P.C. extols the lessons to be learned from the latest court case, statute passed by the legislature, or edict from the federal government. Today though, I wanted to express my gratitude to you, our clients, for what you do each day. George Washington himself, at the request […]
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This post is the first in a two-part series that will provide guidance and strategies to district and campus administration and HR personnel on conducting effective sexual harassment investigations. Although this article focuses on sexual harassment, the advice in it applies equally to racial, age-based and other types of harassment investigations. In February 2017, a […]
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