{"content":{"sharePage":{"page":0,"digests":[{"id":"40297774","dateCreated":"1308286751","smartDate":"Jun 16, 2011","userCreated":{"username":"tlcoleman3","url":"https:\/\/www.wikispaces.com\/user\/view\/tlcoleman3","imageUrl":"https:\/\/www.wikispaces.com\/user\/pic\/1288704234\/tlcoleman3-lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/plcp-schoollaw.wikispaces.com\/share\/view\/40297774"},"dateDigested":1532389582,"startDate":null,"sharedType":"discussion","title":"School Law # 9 & 10","description":"Questions 9 & 10 are repetitive of Question # 6 concering search and seizure of a public school student.","replyPages":[{"page":0,"digests":[],"more":0}]},{"id":"40297760","dateCreated":"1308286654","smartDate":"Jun 16, 2011","userCreated":{"username":"tlcoleman3","url":"https:\/\/www.wikispaces.com\/user\/view\/tlcoleman3","imageUrl":"https:\/\/www.wikispaces.com\/user\/pic\/1288704234\/tlcoleman3-lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/plcp-schoollaw.wikispaces.com\/share\/view\/40297760"},"dateDigested":1532389582,"startDate":null,"sharedType":"discussion","title":"School Law #8","description":"
\n8. What are the grounds for teacher termination?
\n
\nSec. 21.211. TERMINATION OR SUSPENSION. (a) The board of trustees may terminate a term contract and discharge a teacher at any time for:(1) good cause as determined by the board; or(2) a financial exigency that requires a reduction in personnel.(b) For a good cause, as determined by the board, the board of trustees may suspend a teacher without pay for a period not to extend beyond the end of the school year:(1) pending discharge of the teacher; or(2) in lieu of terminating the teacher.(c) A teacher who is not discharged after being suspended without pay pending discharge is entitled to back pay for the period of suspension.
\n
\n
\n
\nWhat are the grounds for loss of certification?
\nSec. 21.060. ELIGIBILITY OF PERSONS CONVICTED OF CERTAIN OFFENSES. The board may suspend or revoke the certificate or permit held by a person under this subchapter, impose other sanctions against the person, or refuse to issue a certificate or permit to a person under this subchapter if the person has been convicted of a felony or misdemeanor offense relating to the duties and responsibilities of the education profession, including:(1) an offense involving moral turpitude;(2) an offense involving a form of sexual or physical abuse of a minor or student or other illegal conduct in which the victim is a minor or student;(3) a felony offense involving the possession, transfer, sale, or distribution of or conspiracy to possess, transfer, sell, or distribute a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;(4) an offense involving the illegal transfer, appropriation, or use of school district funds or other district property; or(5) an offense involving an attempt by fraudulent or unauthorized means to obtain or alter a professional certificate or license issued under this subchapter.
\nAdded by Acts 2007, 80th Leg., R.S., Ch. 1372, Sec. 5, eff. June 15, 2007.","replyPages":[{"page":0,"digests":[],"more":0}]},{"id":"40297666","dateCreated":"1308286205","smartDate":"Jun 16, 2011","userCreated":{"username":"tlcoleman3","url":"https:\/\/www.wikispaces.com\/user\/view\/tlcoleman3","imageUrl":"https:\/\/www.wikispaces.com\/user\/pic\/1288704234\/tlcoleman3-lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/plcp-schoollaw.wikispaces.com\/share\/view\/40297666"},"dateDigested":1532389582,"startDate":null,"sharedType":"discussion","title":"School Law #7","description":"7. Define and provide examples of a tort.
\n
\nA tort is "an act or omission which unlawfully violates a person\u2019s right created by the law, and for which the appropriate remedy is a common law action for damage by the injured person."
\n
\nSome examples of tort includ when a company does not uphold a contract, and educationally, when the school is held liable for loss in learning when there is incident that prohibits learning.
\n
\n
\n What are the Elements of Negligence? For Negligence to exist, these elements must be present:
\n A duty to protect others
\n A failure to exercise an appropriate standard of care
\n An existence of a causal connection between the act and injury, called proximate or legal cause
\n An injury, damage or loss, must exist
\n
\nWhat are the Defenses for Negligence?
\nThe defenses for negligence include: 1) Contributory negligence
\n
\n2)Comparative negligence
\n
\n3)Assumption of risk
\n
\n4)Immunity
\n
\n Identify the Texas Educational Code \u00a7 relating to Torts.
\n
\nTEC 22.0511","replyPages":[{"page":0,"digests":[],"more":0}]},{"id":"40297284","dateCreated":"1308284970","smartDate":"Jun 16, 2011","userCreated":{"username":"tlcoleman3","url":"https:\/\/www.wikispaces.com\/user\/view\/tlcoleman3","imageUrl":"https:\/\/www.wikispaces.com\/user\/pic\/1288704234\/tlcoleman3-lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/plcp-schoollaw.wikispaces.com\/share\/view\/40297284"},"dateDigested":1532389582,"startDate":null,"sharedType":"discussion","title":"School Law # 6","description":"6. Describe the pertinent constitutional amendments pertaining to search and seizure procedures.
\n
\nThe Fourth Amendment to the Constitution of the United States guarantees the right to privacy to every citizen. It requires that the police or other government officials must justify the reasons of a search (possibly to a judge.)
\n
\n
\nWhat is the reasoning behind reasonable suspicion and probable cause in a school setting?
\nBecause school officials (who are actually government employees) have a special relationship to students in a school setting, the courts have decreed that school officials need only reasonable suspician to constitute a search.
\n
\n What expectation of privacy do students have?
\n
\nStudents can be expected to not be searched unless there is reasonable suspicion.
\n
\n When can we search?
\nWe can search when we have reasonable suspicion.
\n
\n What are the search procedures?
\n
\nThere must be specific evidence of the location of the items in question.","replyPages":[{"page":0,"digests":[],"more":0}]},{"id":"40296992","dateCreated":"1308283889","smartDate":"Jun 16, 2011","userCreated":{"username":"tlcoleman3","url":"https:\/\/www.wikispaces.com\/user\/view\/tlcoleman3","imageUrl":"https:\/\/www.wikispaces.com\/user\/pic\/1288704234\/tlcoleman3-lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/plcp-schoollaw.wikispaces.com\/share\/view\/40296992"},"dateDigested":1532389582,"startDate":null,"sharedType":"discussion","title":"School Law # 5","description":"What are the Criteria for DAEPs?
\n
\nThere is a huge section in the Texas Education Code that addresses the standards in operating a DAEP. I have cut and pasted the information about creating and sustaining a DAEP.
\n
\n\u00a7103.1201. Standards for the Operation of School District Disciplinary Alternative Education Programs.
\n
\n(a) A disciplinary alternative education program (DAEP) established in conformance with the Texas Education Code (TEC), \u00a737.008, and this section is defined as an educational and self-discipline alternative instructional program, adopted by local policy, for students in elementary through high school grades who are removed from their regular classes for mandatory or discretionary disciplinary reasons and placed in a DAEP.
\n
\n(b) Each school district participating in a shared services arrangement (SSA) for DAEP services shall be responsible for ensuring that the board-approved district improvement plan and the improvement plans for each campus required by the TEC, \u00a711.251 and \u00a711.252, include the performance of the DAEP student group for the respective district. The identified objectives for the improvement plans shall include:
\n
\n(1) student groups served, including overrepresentation of students from economically disadvantaged families, with ethnic and racial representations, and with a disability who receive special education and limited English proficiency services;
\n
\n(2) attendance rates;
\n
\n(3) pre- and post-assessment results;
\n
\n(4) dropout rates;
\n
\n(5) graduation rates; and
\n
\n(6) recidivism rates.
\n
\n(c) A DAEP may be located on-campus or off-campus in adherence with requirements specified in \u00a7129.1025 of this title (relating to Adoption By Reference: Student Attendance Accounting Handbook). For reporting purposes, the DAEP shall use the county-district-campus number of the student's locally assigned campus (the campus the student would be attending if the student was not attending the DAEP).
\n
\n(d) An individual school district or an SSA may contract with third parties for DAEP services. The district must require and ensure compliance with district responsibilities that are transferred to the third-party provider.
\n
\n(e) The campus of accountability for student performance must be the student's locally assigned campus, including when the individual school district or SSA contracts with a third party for DAEP services.
\n
\n(f) Each school district shall provide an academic and self-discipline program that leads to graduation and includes instruction in each student's currently enrolled foundation curriculum necessary to meet the student's individual graduation plan, including special education services.
\n
\n(1) A student's four-year graduation plan (minimum, recommended, or distinguished achievement--advanced) may not be altered when the student is assigned to a DAEP. A student must be offered an opportunity to complete a foundation curriculum course in which the student was enrolled at the time of removal before the beginning of the next school year, including correspondence or distance learning opportunities or summer school. A district may not charge for a course required under this section.
\n
\n(2) The school day for a DAEP shall be at least seven hours but no more than ten hours in length each day, including intermissions and recesses as required under the TEC, \u00a725.082(a).
\n
\n(3) Notwithstanding the TEC, \u00a737.008(a)(3), summer programs provided by the district may serve students assigned to a DAEP in conjunction with other students, as determined by local policy.
\n
\n(g) A DAEP program serving a student with a disability who receives special education services shall provide educational services that will support the student in meeting the goals identified in the individualized education program (IEP) established by a duly-constituted admission, review, and dismissal (ARD) committee, in accordance with the TEC, \u00a737.004, and federal requirements.
\n
\n(h) Each school district is responsible for the safety and supervision of the students assigned to the DAEP; however, the immunity from the liability established in the TEC, \u00a722.0511, shall not be impacted.
\n
\n(1) The certified teacher-to-student ratio in a DAEP shall be one teacher for each 15 students in elementary through high school grades. Elementary grade students assigned to the DAEP shall be separated from secondary grade students assigned to the DAEP. The designation of elementary and secondary will be determined by adopted local policy.
\n
\n(2) The DAEP staff shall be prepared and trained to respond to health issues and emergencies.
\n
\n(3) Students in the DAEP shall be separated from students in a juvenile justice alternative education program (JJAEP) and students who are not assigned to the DAEP.
\n
\n(4) Each district shall establish a board-approved policy for discipline and intervention measures to prevent and intervene against unsafe behavior and include disciplinary actions that do not jeopardize students' physical health and safety, harm emotional well-being, or discourage physical activity.
\n
\n(i) Staff at each DAEP shall participate in training programs on education, behavior management, and safety procedures that focus on positive and proactive behavior management strategies. The training programs must also target prevention and intervention that include:
\n
\n(1) training on the education and discipline of students with disabilities who receive special education services;
\n
\n(2) instruction in social skills and problem-solving skills that addresses diversity, dating violence, anger management, and conflict resolution to teach students how to interact with teachers, family, peers, authority figures, and the general public; and
\n
\n(3) annual training on established procedures for reporting abuse, neglect, or exploitation of students.
\n
\n(j) Procedures for each DAEP shall be developed and implemented for newly-entering students and their parents or guardians on the expectations of the DAEP, including written contracts between students, parents or guardians, and the DAEP that formalize expectations and establish the students' individual plans for success.
\n
\n(k) The transition procedures established for a student who is exiting a DAEP and returning to the student's locally assigned campus shall be implemented and updated annually as needed. The transition procedures shall include:
\n
\n(1) an established timeline for the student's transition from the DAEP to the student's locally assigned campus; and
\n
\n(2) written and oral communication from the DAEP staff to the locally assigned campus during the student's assignment to the DAEP, including the student's educational performance and tasks completed.
\n
\nStatutory Authority: The provisions of this \u00a7103.1201 issued under the Texas Education Code, \u00a737.008.
\n
\nSource: The provisions of this \u00a7103.1201 adopted to be effective December 14, 2008, 33 TexReg 10152.
\n
\n
\n
\n","replyPages":[{"page":0,"digests":[],"more":0}]},{"id":"40296882","dateCreated":"1308283438","smartDate":"Jun 16, 2011","userCreated":{"username":"tlcoleman3","url":"https:\/\/www.wikispaces.com\/user\/view\/tlcoleman3","imageUrl":"https:\/\/www.wikispaces.com\/user\/pic\/1288704234\/tlcoleman3-lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/plcp-schoollaw.wikispaces.com\/share\/view\/40296882"},"dateDigested":1532389582,"startDate":null,"sharedType":"discussion","title":"School Law # 4","description":"What should you be aware when disciplining a student with a disability?
\n
\nThere have been severalchanges made to the Individuals with Disabilities Education Act (IDEA). They include:
\n
\n \u2022 the consideration of \u201cunique circumstances\u201d in disciplinary actions;
\n \u2022 disciplinary removal due to \u201cserious bodily injury\u201d;
\n \u2022 provision of services during periods of disciplinary removal;
\n \u2022 notification regarding a discipline-related change of placement; \u201cmanifestation determination\u201d; and
\n \u2022 discipline-related \u201cbasis of knowledge\u201d for children not determined eligible for special education.
\n
\nStudents with disabilities have a right to have access to general education, even if susbended or expelled. They must be given the opportunity to make advancement toward fulfilling the requirements of their IEP.
\n
\nState law requires that all students be treated with respect when physical restraing is necessary. The state has outlined specific standars to make sure that happens.","replyPages":[{"page":0,"digests":[],"more":0}]},{"id":"40092504","dateCreated":"1307643018","smartDate":"Jun 9, 2011","userCreated":{"username":"tlcoleman3","url":"https:\/\/www.wikispaces.com\/user\/view\/tlcoleman3","imageUrl":"https:\/\/www.wikispaces.com\/user\/pic\/1288704234\/tlcoleman3-lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/plcp-schoollaw.wikispaces.com\/share\/view\/40092504"},"dateDigested":1532389582,"startDate":null,"sharedType":"discussion","title":"School Law #3","description":"The reasons for expulsion can be found in the Texas Education Code, Chapter 37, Section 37.007.
\n
\n
\nSec. 37.007. EXPULSION FOR SERIOUS OFFENSES. (a) Except as provided by Subsection (k), a student shall be expelled from a school if the student, on school property or while attending a school-sponsored or school-related activity on or off of school property:(1) uses, exhibits, or possesses:(A) a firearm as defined by Section 46.01(3), Penal Code;(B) an illegal knife as defined by Section 46.01(6), Penal Code, or by local policy;(C) a club as defined by Section 46.01(1), Penal Code; or(D) a weapon listed as a prohibited weapon under Section 46.05, Penal Code;(2) engages in conduct that contains the elements of the offense of:(A) aggravated assault under Section 22.02, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code;(B) arson under Section 28.02, Penal Code;(C) murder under Section 19.02, Penal Code, capital murder under Section 19.03, Penal Code, or criminal attempt, under Section 15.01, Penal Code, to commit murder or capital murder;(D) indecency with a child under Section 21.11, Penal Code;(E) aggravated kidnapping under Section 20.04, Penal Code;(F) aggravated robbery under Section 29.03, Penal Code;(G) manslaughter under Section 19.04, Penal Code;(H) criminally negligent homicide under Section 19.05, Penal Code; or(I) continuous sexual abuse of young child or children under Section 21.02, Penal Code; or(3) engages in conduct specified by Section 37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.(b) A student may be expelled if the student:(1) engages in conduct involving a public school that contains the elements of the offense of false alarm or report under Section 42.06, Penal Code, or terroristic threat under Section 22.07, Penal Code;(2) while on or within 300 feet of school property, as measured from any point on the school's real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property:(A) sells, gives, or delivers to another person or possesses, uses, or is under the influence of any amount of:(i) marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;(ii) a dangerous drug, as defined by Chapter 483, Health and Safety Code; or(iii) an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code;(B) engages in conduct that contains the elements of an offense relating to an abusable volatile chemical under Sections 485.031 through 485.034, Health and Safety Code;(C) engages in conduct that contains the elements of an offense under Section 22.01(a)(1), Penal Code, against a school district employee or a volunteer as defined by Section 22.053; or(D) engages in conduct that contains the elements of the offense of deadly conduct under Section 22.05, Penal Code;(3) subject to Subsection (d), while within 300 feet of school property, as measured from any point on the school's real property boundary line:(A) engages in conduct specified by Subsection (a); or(B) possesses a firearm, as defined by 18 U.S.C. Section 921; or(4) engages in conduct that contains the elements of any offense listed in Subsection (a)(2)(A) or (C) or the offense of aggravated robbery under Section 29.03, Penal Code, against another student, without regard to whether the conduct occurs on or off of school property or while attending a school-sponsored or school-related activity on or off of school property.(c) A student may be expelled if the student, while placed in an alternative education program for disciplinary reasons, continues to engage in serious or persistent misbehavior that violates the district's student code of conduct.(d) A student shall be expelled if the student engages in conduct that contains the elements of any offense listed in Subsection (a), and may be expelled if the student engages in conduct that contains the elements of any offense listed in Subsection (b)(2)(C), against any employee or volunteer in retaliation for or as a result of the person's employment or association with a school district, without regard to whether the conduct occurs on or off of school property or while attending a school-sponsored or school-related activity on or off of school property.(e) In accordance with 20 U.S.C. Section 7151, a local educational agency, including a school district, home-rule school district, or open-enrollment charter school, shall expel a student who brings a firearm, as defined by 18 U.S.C. Section 921, to school. The student must be expelled from the student's regular campus for a period of at least one year, except that:(1) the superintendent or other chief administrative officer of the school district or of the other local educational agency, as defined by 20 U. S.C. Section 7801, may modify the length of the expulsion in the case of an individual student;(2) the district or other local educational agency shall provide educational services to an expelled student in a disciplinary alternative education program as provided by Section 37.008 if the student is younger than 10 years of age on the date of expulsion; and(3) the district or other local educational agency may provide educational services to an expelled student who is 10 years of age or older in a disciplinary alternative education program as provided in Section 37.008.(f) A student who engages in conduct that contains the elements of the offense of criminal mischief under Section 28.03, Penal Code, may be expelled at the district's discretion if the conduct is punishable as a felony under that section. The student shall be referred to the authorized officer of the juvenile court regardless of whether the student is expelled.(g) In addition to any notice required under Article 15.27, Code of Criminal Procedure, a school district shall inform each educator who has responsibility for, or is under the direction and supervision of an educator who has responsibility for, the instruction of a student who has engaged in any violation listed in this section of the student's misconduct. Each educator shall keep the information received under this subsection confidential from any person not entitled to the information under this subsection, except that the educator may share the information with the student's parent or guardian as provided for by state or federal law. The State Board for Educator Certification may revoke or suspend the certification of an educator who intentionally violates this subsection.(h) Subject to Subsection (e), notwithstanding any other provision of this section, a student who is younger than 10 years of age may not be expelled for engaging in conduct described by this section.(i) A student who engages in conduct described by Subsection (a) may be expelled from school by the district in which the student attends school if the student engages in that conduct:(1) on school property of another district in this state; or(2) while attending a school-sponsored or school-related activity of a school in another district in this state.(k) A student may not be expelled solely on the basis of the student's use, exhibition, or possession of a firearm that occurs:(1) at an approved target range facility that is not located on a school campus; and(2) while participating in or preparing for a school-sponsored shooting sports competition or a shooting sports educational activity that is sponsored or supported by the Parks and Wildlife Department or a shooting sports sanctioning organization working with the department.(l) Subsection (k) does not authorize a student to bring a firearm on school property to participate in or prepare for a school-sponsored shooting sports competition or a shooting sports educational activity described by that subsection.
\nAdded by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 5, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 542, Sec. 1, eff. Aug. 30, 1999; Acts 2001, 77th Leg., ch. 486, Sec. 2, eff. June 11, 2001; Acts 2003, 78th Leg., ch. 225, Sec. 1, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 443, Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1055, Sec. 10, eff. June 20, 2003.Amended by: Acts 2005, 79th Leg., Ch. 504, Sec. 4, eff. June 17, 2005.Acts 2005, 79th Leg., Ch. 728, Sec. 5.004, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.26, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 338, Sec. 1, eff. June 19, 2009.","replyPages":[{"page":0,"digests":[],"more":0}]},{"id":"40091622","dateCreated":"1307641256","smartDate":"Jun 9, 2011","userCreated":{"username":"tlcoleman3","url":"https:\/\/www.wikispaces.com\/user\/view\/tlcoleman3","imageUrl":"https:\/\/www.wikispaces.com\/user\/pic\/1288704234\/tlcoleman3-lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/plcp-schoollaw.wikispaces.com\/share\/view\/40091622"},"dateDigested":1532389582,"startDate":null,"sharedType":"discussion","title":"School Law #2","description":"2. You are the principal of Midessa Elementary School. At 4:15 p.m., 45 minutes after student dismissal, a parent drags his son into the office, along with a city policy officer, claiming that a teacher "beat" this 5th grade student, demanding that the officer arrest the teacher for child abuse. The parent claims that there are bruises and red marks on the student's backside. The teacher has left for the day, the police officer is bewildered, and the parent is livid. This is a student you have had in your office numerous times for varying offenses and the mother of the child gave permission for you to paddle him. You ask the male police officer to escort the male student to the men's restroom and document the marks on the student but the parent refuses. The police officer says there is nothing he can do in the situation without evidence. The parent continues to demand that the teacher be fired, if not arrested.
\nAs the school administrator, what do you do? How would you handle the situation at this moment and in the days ahead?
\nAs the school administrator, I would acknowledge the complaint of the parent. I would listen to what she had to say. When she has said all that she needs to say, I would then ask her to complete a written statement of the exact details of the incident in question. After receipt of the complaint, I would explain that the accusations must have evidence, and without consent for the police officer to gather evidence (pictures, DNA, etc.) the investigation would not have substance. I would speak to the accused teacher the next day and receive a written statement from him\/her. I would then submit all of the information I have to the Director of Secondary Ed for further direction.","replyPages":[{"page":0,"digests":[],"more":0}]},{"id":"40091298","dateCreated":"1307640690","smartDate":"Jun 9, 2011","userCreated":{"username":"tlcoleman3","url":"https:\/\/www.wikispaces.com\/user\/view\/tlcoleman3","imageUrl":"https:\/\/www.wikispaces.com\/user\/pic\/1288704234\/tlcoleman3-lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/plcp-schoollaw.wikispaces.com\/share\/view\/40091298"},"dateDigested":1532389582,"startDate":null,"sharedType":"discussion","title":"School Law #1","description":"1. You are the principal of Hokie High School. Your science department chair would
\nlike to speak with you regarding a conversation that just occurred between her
\nand one of her colleagues. The colleague was notified this morning that he would
\nbe expected to attend an IEP meeting as a representative of the regular
\neducation staff. He is furious. He indicates that he doesn\u2019t believe in
\n\u201caccommodations,\u201d and that he thinks the child in question is just lazy and is
\n\u201cworking the system.\u201d
\nAs a school administrator, how would you handle this situation? What information
\nwill you give your science chair? What legal ramifications are you facing?
\n
\nAs the school administrator, I would handle the situation with the science faculty member myself. I do not believe it is the duty of the science department chair to police the factuly members in regard to following state and federal laws. I believe it is the duty of the administrator. I would arrange a meeting with the staff member, helping him understand the law(s) concerning serving students with disabilities as well as the responsibility he has to follow them. I would also remind him that an ARD meeting is a professional meeting, and that opinions (he is lazy and working the system) are not to be aired in an ARD. Only information about behaviours and achievement regarding instruction and learning should be discused by the classroom teacher. I will remind him to report only facts regarding those two areas.
\n
\nI will make the science chair aware that I am having the conversation with his\/her collegue.
\n
\nLegally, we are responsible for providing services to students with disabilities (SBOE 89.1011), and a classroom teacher who implements the IEP regularly must be present (SBOE 89.1050) If we do not follow the law, parents may file a grievance with IDEA and the office of Civil Rights, we may be monitored for compliance by TEA, and ultimately, we could lose funding.","replyPages":[{"page":0,"digests":[],"more":0}]},{"id":"39851558","dateCreated":"1307031717","smartDate":"Jun 2, 2011","userCreated":{"username":"carla.byrne","url":"https:\/\/www.wikispaces.com\/user\/view\/carla.byrne","imageUrl":"https:\/\/ssl.wikicdn.com\/i\/user_none_lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/plcp-schoollaw.wikispaces.com\/share\/view\/39851558"},"dateDigested":1532389582,"startDate":null,"sharedType":"discussion","title":"School Law Assignment","description":"Carla Byrne
\nJune 2, 2011
\nSchool Law Assignment
\n
\n1. As a school administrator, I would speak to the Science Dept Chair privately in my office regarding Special Education law and his vital role in the ARD meeting. According to the Commissioner\u2019s\/SBOE rules 89.1050, \u201cthe ARD Committee will have no less than one regular education teacher of the child.\u201d According to SBOE 29.010, \u201cthe agency will adopt and implement a comprehensive system for monitoring school district compliance with federal and state laws relating to special education.\u201d Sanctions will be placed on schools that are non-compliant for more than one year. The first stage of sanctions consists of annual or more frequent monitoring visits; further non-compliance may result in the withholding of funds.
\n
\nIn speaking to the Science Dept Chair, I would explain not only the importance of following state and federal laws, but also the importance of his role in the ARD meeting. The Science Dept Chair has an opinion as to the character of the student in question, stating the student is \u201clazy and working the system.\u201d It is important that the Science Dept Chair use discretion in the ARD meeting with the descriptors he utilizes, especially in front of the parent. It is also critical that the Science Dept Chair relay to the ARD Committee the behaviors of the student that he sees in his classroom and the academic level in which the student is functioning in his classroom. This vital information will help with placement decisions, assessment decisions, and decisions regarding accommodations for testing and classroom modifications.
\n
\n2. In this situation, without evidence of any marks and without the parent\u2019s willingness to allow the police officer to look at her son, I would encourage her to go home and that I will speak to the teacher regarding this incident in the morning. There is no evidence at this point for me to file any complaints or to place the teacher on administrative leave. I will let the parent know that I will be investigating the incident and will keep her abreast of my findings. The next day I would speak to the teacher and ask him\/her about the alleged incident. I would then ask the teacher to provide me a written statement of the event.
\n
\n3. A student can be expelled for the following serious offense according to Texas Education Code, Title 2. Public Education, Subtitle G. Safe Schools, Subchapter A. Alternative Settings for Behavior Management (if any of these things occur on school property or while attending a school-sponsored or school-related activity on or off of school property):
\n\u2022 Uses, exhibits, or possesses a firearm, an illegal knife, a club, a weapon listed as a prohibited weapon, or engages in conduct that contains the elements of the offense of:
\n\u2022 Aggravated assault, arson, murder, criminal intent to commit murder or capital murder, indecency with a child, aggravated kidnapping, aggravated robbery, manslaughter, criminally negligent homicide, continuous sexual abuse of young child or children, engages in conduct that is punishable as a felony.
\n\u2022 Engages in conduct involving a public school that contains the elements of the offense of false alarm or report, or terroristic threat
\n\u2022 While on or within 300 ft of school property, sells, gives, or delivers to another person or possesses, uses, or is under the influence of any amount of marijuana or a controlled substance, a dangerous drug, an alcoholic beverage
\n\u2022 Engages in conduct that contains elements of an offense relating to an abusable volatile chemical
\n\u2022 Engages in conduct that contains elements of an offense against a school district employee or a volunteer
\n\u2022 Engages in conduct that contains elements of an offense of deadly conduct
\n\u2022 While within 300 ft of school property, possesses a firearm
\n\u2022 If student, while placed in an alternative education program for disciplinary reasons, continues to engage in serious or persistent misbehavior that violates the district\u2019s student code of conduct.
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\n4. According to IDEA 2004 Final Regulations, when disciplining a student with a disability it is important to be aware of the following:
\n\u2022 the consideration of \u201cunique circumstances\u201d in disciplinary actions;
\n\u2022 disciplinary removal due to \u201cserious bodily injury\u201d;
\n\u2022 provision of services during periods of disciplinary removal;
\n\u2022 notification regarding a discipline-related change of placement; \u201cmanifestation determination\u201d; and
\n\u2022 discipline-related \u201cbasis of knowledge\u201d for children not determined eligible for special education.
\n\u2022 Manifestation determination (is the conduct\/action a result of the student\u2019s disabililty?)
\n\u2022 According to FAPE under IDEA, sped students must continue to receive services without interruption.
\n\u2022 Written summary of restraint form must be completed if restraint is used
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\n5. The criteria for DAEPs are as follows, according to TEC Sec 37.006:
\nA student can be sent to A DAEP if:
\n\u2022 Engages in false alarm or report
\nOn or within 300 ft of the school, or while on school activities, commits the following:
\n\u2022 Engages in conduct punishable as a felony
\n\u2022 Assault
\n\u2022 Sells, gives, or delivers to another person or possesses or uses or is under the influence of a dangerous drug, marijuana, or other controlled substance, alcoholic beverage
\n\u2022 Conduct related to an abusable volatile chemical
\n\u2022 Public lewdness
\n\u2022 Retaliation against any school employee
\n\u2022 Continued presence of the student in the regular classroom threatens safety of other students or teachers
\nOff campus and not in attendance of a school function can be placed in DAEP if:
\n\u2022 Student receives deferred prosecution for conduct defined as a felony offense
\n\u2022 A court or jury finds that student engaged in a felony offense
\n\u2022 The superintendent or the superintendent\u2019s designee has reasonable belief that student engaged in a felony
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\n6. The Fourth Amendment of the Constitution protects people from unreasonable search and seizure by the government. Public school officials must be aware of how this impacts them in searching students for contraband such as weapons or illegal drugs. The courts have provided direction to school officials on the issue of student searches in two areas: 1) what is necessary to justify a student search and 2) what should be the scope of that search. The Fourth Amendment requires only that searches and seizures by school officials be reasonable. T.L.O., 469 U.S. at 337. Ransom Ellis, III from the Missouri Bar Association states that in order for school officials to have reasonable suspicion they must be able to do the following: a) identify specifics observations or knowledge; b) indicate the rational interferences that were concluded from observations and knowledge; c) combine these rational interferences with special background and training of the school official.
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\n7. Dictionary.com defines a tort as a wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like, and for which the injured party is entitled to compensation.","replyPages":[{"page":0,"digests":[],"more":0}]}],"more":true},"comments":[]},"http":{"code":200,"status":"OK"},"redirectUrl":null,"javascript":null,"notices":{"warning":[],"error":[],"info":[],"success":[]}}