The Educator's Guide to Texas School Law: Fifth Edition

The Educator's Guide to Texas School Law: Fifth Edition

Hardcover(5TH)

$40.00

Overview

Since 1986, school administrators, school board members, school attorneys, teachers, coaches, counselors, and university professors have relied upon this highly popular and standard reference source. Newly revised to include legislative and judicial developments to the year 2000, the Fifth Edition of The Educator's Guide to Texas School Law provides the most current, comprehensive source on Texas education law available. The authors have extensively updated all the chapters in this edition and have added much new information to help educators manage the challenges of the new century successfully.

Among the topics added to the Fifth Edition are employee drug testing, contract termination decisions issued by the certified hearing examiners, the Texas Religious Freedom Restoration Act, and legal issues involving the Internet. Readers will find an expanded review of federal disability law, with emphasis on new developments involving the Individuals with Disabilities Education Act. The legal liability discussion has been expanded to encompass the dramatic increase in court rulings on sexual abuse and harassment. The Fifth Edition also includes all relevant federal and state court rulings and the decisions of the Texas Commissioner of Education.

Frank Kemerer is Regents Professor of Education Law and Administration at the University of North Texas. Jim Walsh is senior partner in the law firm of Walsh, Anderson, Brown, Schulze & Aldridge, P.C., with offices in Austin, San Antonio, and Dallas-Fort Worth.

Product Details

ISBN-13: 9780292743410
Publisher: University of Texas Press
Publication date: 01/28/2000
Edition description: 5TH
Pages: 428
Product dimensions: 6.36(w) x 9.16(h) x 1.11(d)

Table of Contents

Preface xv
An Overview of Education Law, Texas Schools, and Parent Rights
1(44)
Sources of Law
1(9)
Constitutional Law
1(1)
Statutory Law
2(1)
Administrative Law
3(2)
Judicial Law
5(5)
The Structure and Governance of the Texas School System
10(19)
Texas Legislature
10(1)
State Board of Education and the Texas Education Agency
10(5)
Local School Districts
15(2)
Charter Schools
17(7)
Private Schools
24(2)
School Administrators
26(1)
District and Campus-Level Decision Making
27(2)
How the U.S. Constitution and Federal Government Affect Texas Schools
29(4)
Key Provisions of the U.S. Constitution
29(3)
Important Federal Statutes
32(1)
School Finance
33(4)
Parent Rights
37(7)
Rights within Public Schools
38(3)
Choosing Private Schools
41(1)
Educating Children at Home
42(2)
Summary
44(1)
Student Attendance and the Instructional Program
45(42)
Attendance
45(16)
Impermissible Discrimination
46(8)
Residency and Guardianship
54(4)
The Compulsory School Law
58(2)
Absences
60(1)
Maintaining a Safe School Environment
61(3)
The Instructional Program
64(14)
The Required Curriculum
65(2)
Student Assessment
67(3)
School District Accountability
70(1)
Removal of Objectionable Library and Study Materials
71(3)
Computers and the Internet
74(2)
The Federal Copyright Law
76(2)
Extracurricular Activities and the UIL
78(3)
Addressing the Needs of Special Groups
81(4)
At-Risk Children
81(1)
Bilingual Children
82(1)
Gifted Children
83(1)
Abused and Neglected Children
83(2)
Summary
85(2)
Special Education
87(26)
The Jargon of Special Education
87(1)
Federal Legislation
88(18)
Child Find
90(1)
Assessment
90(2)
Eligibility
92(1)
ARD Committee
93(1)
Individualized Education Program
94(1)
General Curriculum
94(1)
Least Restrictive Environment
95(3)
Procedural Safeguards
98(2)
Attorneys' Fees
100(1)
FAPE
101(1)
Related Services
102(2)
Extended-Year Services
104(1)
Unilateral Placements
104(2)
Private School Children
106(1)
Discipline of Students with Disabilities
106(4)
Section 504 of the Rehabilitation Act of 1973
110(1)
Summary
111(2)
Employment
113(60)
The Hiring Process
113(9)
Certification
113(3)
Nondiscrimination
116(1)
Selecting Staff
117(1)
Criminal History Checks
118(1)
Drug Testing
119(1)
Sexual Harassment
120(2)
Restrictions on Employment
122(2)
Employment of School Personnel
124(17)
At-Will Employment
125(2)
Educator Contracts: An Introduction
127(1)
Probationary Contracts
127(3)
Term Contracts
130(7)
Continuing Contracts
137(4)
Special Rules for Superintendents
141(1)
Property Rights and Due Process
141(13)
When Do Texas Educators Have Property Rights?
144(2)
How Much Process Is Due?
146(1)
Due Process in General
146(2)
Good Cause
148(3)
Constructive Discharge
151(1)
Educator Reputational Rights
151(2)
Reassignment
153(1)
The Independent Hearing System
154(6)
Compensation Disputes
160(1)
Teacher Appraisal
161(3)
Other Employment Benefits
164(7)
Planning and Preparation Period
164(1)
Duty-Free Lunch
164(1)
Personal Leave
164(1)
Health Insurance
165(1)
Assault Leave
166(1)
Social Security and Annuities
167(1)
Temporary Disability Leave
167(1)
Family and Medical Leave Act
168(1)
Miscellaneous Leave Policies
169(1)
Wage and Hour Requirements
169(2)
Workers' Compensation and Unemployment Compensation
171(1)
Summary
172(1)
Grievances and the Role of Employee Organizations
173(15)
Collective Bargaining on the National Scene
173(1)
The Law in Texas
174(13)
What Is Grievable: The Changing Landscape
177(3)
Hearing Employee Grievances
180(7)
Summary
187(1)
Expression and Associational Rights
188(37)
Educator Rights of Expression
189(19)
Expression outside the School
189(5)
Expression within the School
194(7)
Academic Freedom
201(6)
Texas Whistle Blower Act
207(1)
Educator Freedom of Association
208(3)
Student Rights of Expression
211(10)
Communication among Students on Campus
211(4)
School-Sponsored Student Publications
215(3)
Non-School-Sponsored Student Publications
218(3)
Student Freedom of Association
221(2)
Summary
223(2)
Religion in the Schools
225(39)
Legal Framework
225(6)
No Government Establishment of Religion
225(3)
Free Exercise of Religion
228(3)
Contemporary Issues
231(32)
School Prayer
231(1)
School-Sponsored or Employee-Led Prayer
231(2)
Silent Meditation
233(1)
Invocations and Benedictions at Graduation
234(3)
Baccalaureate Ceremonies
237(1)
Student-Initiated Prayer at School, Extracurricular Activities, and Athletic Events
237(1)
Teaching Creation-Science
238(2)
Secular Humanism and Pagan Religion
240(3)
Religion in Classrooms, Choir Programs, and Holiday Observances
243(1)
Teaching about Religion
243(3)
Student Papers and Presentations on Religious Topics
246(2)
Choir Programs
248(1)
Holiday Observance
249(1)
Clergy in the Schools
250(1)
Distribution of Religious Literature
251(1)
Wearing Religious Symbols
252(1)
Student Religious Groups and the Equal Access Act
253(1)
Religious Exemptions
254(6)
Assistance to Sectarian Private Schools
260(3)
Summary
263(1)
Student Discipline
264(28)
Guidelines for Rule Making
264(9)
Rules Must Have a Rational Purpose
265(1)
The Meaning of Rules Must Be Clear
265(1)
Rules That Relate to Protected Behavior Must Be Carefully Developed
266(1)
Rules That Apply Off Campus Must Be Carefully Worded and Applied
267(1)
Rules Must Be Consistently Enforced
268(1)
Rules Must Be Fairly Enforced
268(1)
Due Process Generally
269(3)
An Overview
272(1)
Initial Intervention Strategies
273(1)
Corporal Punishment
274(16)
Suspension from Extracurricular Activities
276(1)
Emergency Actions
277(1)
Student Code of Conduct
277(1)
Teacher-Initiated Removal
278(1)
Suspension
279(2)
Removal to an AEP
281(1)
At School
281(1)
Off-Campus Conduct
281(2)
Procedure
283(1)
Life in an AEP
284(1)
Expulsion
285(1)
Grounds
285(1)
Procedures
286(3)
Interaction with the Juvenile Justice System
289(1)
Summary
290(2)
Privacy Issues: Community, Educators, Students
292(42)
The Legal Framework
292(3)
The U.S. Constitution
292(1)
Federal Statutes
293(1)
State Law
293(2)
The Texas Open Meetings and Public Information Acts
295(13)
Texas Open Meetings Act
295(7)
Texas Public Information Act
302(6)
Educator Privacy Rights
308(7)
Lifestyle Issues
309(3)
Personnel Records and Employee References
312(3)
Student Privacy Rights
315(7)
Student Personal Privacy
315(2)
Student Records
317(2)
Child Custody Issues
319(1)
Student Dress and Grooming
320(2)
Student Search and Seizure
322(11)
Standards for Student Searches
323(3)
Locker and Desk Searches
326(1)
Use of Sniffer Dogs to Conduct Searches
327(1)
Strip Searches
328(1)
Student Drug Testing
329(2)
Use of Magnetometers, Metal Detectors, and Breathalyzers
331(2)
Summary
333(1)
Legal Liability
334(47)
Identifying Areas of Legal Liability
334(1)
State Torts
335(17)
School District Immunity
335(4)
Qualified Immunity for Public School Professional Employees
339(7)
The Special Case of Corporal Punishment
346(3)
Law and the School Counselor
349(3)
Federal Civil Rights Liability
352(15)
Governmental Liability
353(4)
Personal Injuries and the Constitution
357(4)
Individual Liability
361(4)
Liability under Federal Statutory Law
365(1)
Summary
366(1)
Appendixes
A. How to Find and Read a Court Case
367(3)
B. Glossary of Legal Terminology
370(7)
C. Reference Sources
377(4)
Index of Cases 381(18)
Index of Topics 399

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