A new edition of the most authoritative guide to Texas school law. Over the past five years, the US Supreme Court, the White House, and the Texas legislature have collectively been responsible for seismic changes in the landscape of education in the Lone Star State. The eleventh edition of The Educator's Guide to Texas School Law is your up-to-date resource for understanding what the law is and what it means for effective school operations. Intended for educators, school board members, attorneys, and taxpayers, the eleventh edition offers a comprehensive review of the evolving legal structure of schooling in Texas. Jim Walsh and Sarah Orman highlight pressing issues that educators encounter daily: What are teachers' and students' free speech rights? What about due process and religious exercise? Exactly how are teachers hired, and under what circumstances can they be fired? The Educators' Guide also explains the role of the school board and important dimensions of school district governance, including procurement and compliance with the Open Meetings Act. This latest edition focuses intensively on recent areas of reform, including parents' rights, special-needs law, and education savings accounts. More essential than ever, the Educator's Guide provides clarity in uncertain times.
Jim Walsh is a cofounder of Walsh Gallegos Kyle Robinson & De Los Santos, P.C., author of the Law Dawg Ed Daily, and a recipient of the Kelly Frels Lifetime Achievement Award. Sarah Orman has served as an attorney since 2006. She has represented public school districts in California and Texas and served as legal editor for the Texas Association of School Boards.
Preface 1. Structure and Governance Sources of Law Constitutional Foundations The Texas Education Code (TEC) Administrative Law The State Board of Education (SBOE) The Texas Education Agency (TEA) Judicial Law School Finance Education Savings Accounts Charter Schools Districts of Innovation (DOIs) The Role of the Local School Board The Superintendent The Principal District- and Campus-Level Decision-Making State Laws That Pertain to School Districts as Public Entities The Texas Open Meetings Act (TOMA) Meetings and Quorums Notice Public Comment Emergency Meetings or Additions to Agenda Closed Sessions Recordings and Certified Agendas Meetings by Telephone and Videoconference Call Internet Broadcast Violations Criminal Provisions The Texas Public Information Act (TPIA) Items That Must Be Disclosed Items Exempt from Disclosure Personal Information Employee Information Candidates for Superintendency Criminal History Information, Witness Statements, and Investigative Reports Inter- or Intraagency Memoranda Student Records Other Items Production of Records Penalties Procurement Summary 2. Accountability and the Instructional Program The Instructional Program Kindergarten and Prekindergarten Programs The Required Curriculum Sex Education Social Studies Virtual Instruction Student Assessment Overview Required Assessments and Modifications for Special Populations Assessment Intervention Assessment and Graduation Noninstructional Use of Assessments Grading and Class Rank Grade Promotion and Retention School District Accountability The Every Student Succeeds Act (ESSA) Instructional Resources Internet Safety Copyright Law Summary 3. Student Issues Enrollment and Attendance Eligibility Desegregation Transfers Compulsory School Attendance Absences Extracurricular Activities and the University Interscholastic League (UIL) State Oversight Extracurricular Participation Health and Safety Requirements Title IX Student Rights of Expression Student Expression on Campus or at School-Sponsored Activities Student Protests School-Sponsored Speech Class Assignments Lewd Speech Speech Advocating Drug Use Threats Non-School-Sponsored Student Publications and Materials Student Expression Off Campus and Not at School-Related Activity Student Dress and Grooming The First Amendment Uniform Policies Gender and Racial Issues Sexual Orientation and Gender Identity Student Privacy Transgender Students Equal Access Act Summary 4. Students with Special Needs Four Quadrants Special Education: Background and History The Individuals with Disabilities Education Act (IDEA) Child Find Evaluation Eligibility Admission, Review, and Dismissal (ARD) Committee Individualized Education Program (IEP) General Curriculum Least Restrictive Environment (LRE) Procedural Safeguards Attorneys' Fees Free Appropriate Public Education (FAPE) Related Services Extended School Year (ESY) Services Unilateral Placements Private-School Children Section 504 of the Rehabilitation Act of 1973 Dyslexia Extracurricular Activities At Risk Emergent Bilingual Students Pregnant and Parenting Students Gifted and Talented Summary 5. Parental Rights Private School and Home Schooling Choosing Private School Home Schooling Teaching Controversial Subjects at School Parental Rights in State Law TEC Chapter 26 Human Sexuality Instruction and the School Health Advisory Council (SHAC) Lauren's Law Fees Child Custody Issues Child Abuse Reporting Student Records Parent Rights under the Family Educational Rights and Privacy Act (FERPA) Education Records Directory Information School Officials Other Officials Organizations Conducting Studies Sex Offender Information Health or Safety Emergency Subpoena Recordkeeping Violations FERPA and State Law Law and the School Counselor Parent Complaints Removal of Objectionable Library and Study Materials Summary 6. Employment Constitutional Issues How Much Process Is Due? Types of Employment Arrangements At-Will Employment Non-Chapter 21 Contracts Probationary Contracts Term Contracts Continuing Contracts Resignations Retired Teachers Selection of Staff Certification and the Role of the State Board for Educator Certification (SBEC) Educator Misconduct Nondiscrimination Laws Religious Accommodations Protected Activity The Hiring Process Restrictions on Employment Ending the Relationship At-Will Employees Non-Chapter 21 Contracts Probationary Contracts Term Contracts Reduction in Force (RIF) Continuing Contracts The Independent Hearing System Good Cause A Few Final Thoughts on Good Cause Summary 7. Personnel Issues Educator Rights of Expression Academic Freedom Electronic Communication Texas Whistleblower Act Reassignment Same Professional Capacity Counselors Compensation Issues Dual Assignment Contracts Outside Work Duties and Schedule Teacher Appraisal Employment Benefits Planning and Preparation Period Duty-Free Lunch Personal Leave Health Insurance Assault Leave Teacher Retirement Temporary Disability Leave Family and Medical Leave Act (FMLA) Military Leave Miscellaneous Leave Policies Wage and Hour Requirements Workers' Compensation and Unemployment Compensation Grievances and the Role of Employee Organizations Employee Grievances: A Brief History Hearing Employee Grievances The Role of Employee Organizations Collective Bargaining on the National Scene The Law in Texas Summary 8. Religion Legal Framework No Government Establishment of Religion Free Exercise of Religion Constitutional Provisions Federal and State Statutes Contemporary Issues The Pledge of Allegiance The Ten Commandments Prayer School-Sponsored or Employee-Led Prayer Prayer at School Board Meetings Silent Meditation or Prayer During the School Day Invocations, Benedictions, and Religious Speeches at Graduations Baccalaureate Ceremonies Student-Led Prayer at School and Extracurricular Events Teaching Creation Science Secular Humanism and Pagan Religion Religion in Classrooms, Choir Programs, and Holiday Observances Teaching about Religion Student Papers and Presentations on Religious Topics Choir Programs and Holiday Observances Clergy in the Schools Distribution of Religious Literature Wearing Religious Symbols Student Religious Groups Meeting on Campus Religious Exemptions Texas Religious Freedom Restoration Act (TRFRA) and Other Statutes Assistance to Sectarian Private Schools Summary 9. Safety and Discipline Constitutional Concerns: Due Process Other Due Process Concerns Constitutional Concerns: Right of Privacy Justified at the Inception, Reasonable in Scope Use of Magnetometers and Metal Detectors Locker and Desk Searches Search of Cell Phones and Electronic Communications Use of Sniffer Dogs to Conduct Searches Student Drug Testing Chapter 37: An Overview Student Code of Conduct Campus Behavior Coordinators (CBCs) Bullying Teacher-Initiated Removal Suspension Removal to a Disciplinary Alternative Education Program (DAEP) Mandatory Placements Discretionary Placements Procedures Life in a DAEP Expulsion Grounds Virtual Expulsion Procedures Emergency Actions Interactions with Law Enforcement Other Disciplinary Practices Corporal Punishment Suspension from Extracurricular Activities School Safety Restorative Discipline Discipline of Students with Disabilities Ten Days Change of Placement Manifestation Determinations Stay Put Functional Behavior Assessments (FBAs) and Behavior Intervention Plans (BIPs) Expulsion State Law Summary 10. Liability Identifying Areas of Legal Liability State Torts School District Immunity Changes in 2025 Governmental Immunity and Contract Cases Qualified Immunity for Public School Professional Employees The Special Case of Corporal Punishment and Physical Force A Word About Charter Schools Federal Civil Rights Liability Governmental Liability Individual Liability Personal Injuries and the Constitution State-Created Danger Liability Under Federal Statutory Law Title IX and Sexual Harassment Disability Discrimination Summary Glossary of Legal Terminology Index of Cases Index of Topics
