Recent Changes

School Law # 9 & 10
Questions 9 & 10 are repetitive of Question # 6 concering search and seizure of a public school student.

School Law #8

8. What are the grounds for teacher termination?

Sec. 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.



What are the grounds for loss of certification?
Sec. 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.
Added by Acts 2007, 80th Leg., R.S., Ch. 1372, Sec. 5, eff. June 15, 2007.

School Law #7
7. Define and provide examples of a tort.

A tort is "an act or omission which unlawfully violates a person’s right created by the law, and for which the appropriate remedy is a common law action for damage by the injured person."

Some 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.


What are the Elements of Negligence? For Negligence to exist, these elements must be present:
A duty to protect others
A failure to exercise an appropriate standard of care
An existence of a causal connection between the act and injury, called proximate or legal cause
An injury, damage or loss, must exist

What are the Defenses for Negligence?
The defenses for negligence include: 1) Contributory negligence

2)Comparative negligence

3)Assumption of risk

4)Immunity

Identify the Texas Educational Code § relating to Torts.

TEC 22.0511

School Law # 6
6. Describe the pertinent constitutional amendments pertaining to search and seizure procedures.

The 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.)


What is the reasoning behind reasonable suspicion and probable cause in a school setting?
Because 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.

What expectation of privacy do students have?

Students can be expected to not be searched unless there is reasonable suspicion.

When can we search?
We can search when we have reasonable suspicion.

What are the search procedures?

There must be specific evidence of the location of the items in question.

School Law # 5
What are the Criteria for DAEPs?

There 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.

§103.1201. Standards for the Operation of School District Disciplinary Alternative Education Programs.

(a) A disciplinary alternative education program (DAEP) established in conformance with the Texas Education Code (TEC), §37.008, 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.

(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, §11.251 and §11.252, include the performance of the DAEP student group for the respective district. The identified objectives for the improvement plans shall include:

(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;

(2) attendance rates;

(3) pre- and post-assessment results;

(4) dropout rates;

(5) graduation rates; and

(6) recidivism rates.

(c) A DAEP may be located on-campus or off-campus in adherence with requirements specified in §129.1025 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).

(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.

(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.

(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.

(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.

(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, §25.082(a).

(3) Notwithstanding the TEC, §37.008(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.

(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, §37.004, and federal requirements.

(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, §22.0511, shall not be impacted.

(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.

(2) The DAEP staff shall be prepared and trained to respond to health issues and emergencies.

(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.

(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.

(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:

(1) training on the education and discipline of students with disabilities who receive special education services;

(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

(3) annual training on established procedures for reporting abuse, neglect, or exploitation of students.

(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.

(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:

(1) an established timeline for the student's transition from the DAEP to the student's locally assigned campus; and

(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.

Statutory Authority: The provisions of this §103.1201 issued under the Texas Education Code, §37.008.

Source: The provisions of this §103.1201 adopted to be effective December 14, 2008, 33 TexReg 10152.

---

School Law # 4
What should you be aware when disciplining a student with a disability?

There have been severalchanges made to the Individuals with Disabilities Education Act (IDEA). They include:

• the consideration of “unique circumstances” in disciplinary actions;
• disciplinary removal due to “serious bodily injury”;
• provision of services during periods of disciplinary removal;
• notification regarding a discipline-related change of placement; “manifestation determination”; and
• discipline-related “basis of knowledge” for children not determined eligible for special education.

Students 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.

State 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.

School Law #3
The reasons for expulsion can be found in the Texas Education Code, Chapter 37, Section 37.007.


Sec. 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.
Added 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.

School Law #2
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.
As the school administrator, what do you do? How would you handle the situation at this moment and in the days ahead?
As 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.

School Law #1
1. You are the principal of Hokie High School. Your science department chair would
like to speak with you regarding a conversation that just occurred between her
and one of her colleagues. The colleague was notified this morning that he would
be expected to attend an IEP meeting as a representative of the regular
education staff. He is furious. He indicates that he doesn’t believe in
“accommodations,” and that he thinks the child in question is just lazy and is
“working the system.”
As a school administrator, how would you handle this situation? What information
will you give your science chair? What legal ramifications are you facing?

As 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.

I will make the science chair aware that I am having the conversation with his/her collegue.

Legally, 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.

Create a page for each question
Help! I don't know how! It took a lot of experimenting to get what I have loaded.
I'm even having trouble seeing who has posted!