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Appeals Court Holds Elementary Principals Immune From Students’ Free Speech ClaimsSeptember 28, 2011
Law was not “clearly established” at the time the principals restricted the distribution of religious material In a much-anticipated ruling, the Fifth Circuit Court of Appeals on Tuesday…
School District had a "special relationship" with the student giving rise to the duty to protect her from off-campus assault.August 10, 2011
By a vote of 2 to 1, a three-judge panel of the Fifth Circuit Court of Appeals last week ruled that a student had stated viable constitutional claims against a school district when, on six separate occasions, the school released the student to an unauthorized adult who assaulted the girl off campus.
5th Circuit Upholds Dismissal Of Title IX Peer Sexual Harassment LawsuitJuly 15, 2011
Mere Teasing And Bullying Not Enough; School Not Deliberately Indifferent
U.S. Supreme Court Allows Third-Party Retaliation Claims under Title VIIJanuary 25, 2011
The United States Supreme Court has held that a person fired because of discrimination claims raised by his fiancé has standing to sue for retaliation ...
Appeals Court Dismisses Whistleblower Suit Against Galveston ISDJanuary 14, 2011
The Texas Fourteenth Court of Appeals has dismissed a Whistleblower lawsuit against the Galveston Independent School District stemming from reports made to the University Interscholastic League (UIL) of alleged UIL violations.
5th Circuit Limits Remedies Available for Violations of IDEADecember 30, 2010
The Fifth Circuit Court of Appeals has held that 42 U.S.C. § 1983 does not provide a vehicle for asserting violations of the IDEA, the Americans with Disabilities Act (ADA), or § 504 of the Rehabilitation Act. The appeals court also held that ADA and § 504 claims based on a denial of special education services require a showing of intentional discrimination, with proof of bad faith or gross misjudgment on the part of the district.
School District Breached a Teacher’s Contract When It Required an Additional Day of WorkDecember 20, 2010
The Third Court of Appeals has ruled that the North East Independent School District breached a teacher’s contract when it required him to work at a graduation ceremony, one day beyond the 187-day work schedule set by the district.

Web Exclusives

A School Attorney’s Perspective On Handling Special Education DisputesFebruary 1, 2012
After nearly three full years on the job as an attorney in the San Antonio office of Austin’s Walsh, Anderson, Gallegos, Green & Treviño, Eric Rodriguez has learned a thing or two about the high-spirited and frequently litigious culture of special education school law. Fortunately, Eric is happy to share some observations.
Commissioner Decision Addresses Reductions In Force And Program ChangesJanuary 5, 2012
A recent decision by the Commissioner of Education has implications for schools all across the state dealing with financial exigency, program changes, and the reductions in force (RIF) they may necessitate.
Elementary School Principals Not Liable Despite Violating Students’ First Amendment RightsDecember 1, 2011
A divided 5th Circuit Court of Appeals recently granted qualified immunity to two Plano ISD principals while simultaneously acknowledging that their alleged actions violated the constitutional rights of their students.
Student stated valid claims against district from alleged off-campus sexual assaults based on "special relationship" theorySeptember 9, 2011
A recent ruling by a three-judge panel of the Fifth Circuit Court of Appeals represents a marked departure from established precedent concerning school district liability.
School Districts Are Immune From Workers' Compensation Retaliation ClaimsJuly 29, 2011
The Texas Supreme Court recently ruled that political subdivisions—a category of government that includes school districts—have immunity from anti-retaliation suits brought by fired employees who made workers’ compensation claims. However...
Can Schools Legally Offer Single-Sex Classrooms?June 1, 2011
The 5th Circuit Court of Appeals recently returned to the trial courts a vexing case concerning the potentially deleterious effects of single-sex classrooms on co-ed campuses in public schools
CRIMINAL PROVISIONS OF THE TEXAS OPEN MEETINGS ACT DO NOT VIOLATE THE FIRST AMENDMENTMay 3, 2011
Signaling at least a temporary end to years of litigation pitting city council members against the criminal provisions of the Texas Open Meetings Act (TOMA), federal district Judge Robert Junell held on March 25th that the Act does not unconstitutionally infringe on a public official’s freedom of speech. Judge Junell’s decision reaches beyond city councils and should be particularly noted by members of school district boards of trustees. READ MORE
New Educators’ Code of Ethics Rules You Need to KnowApril 1, 2011
In late 2010, the Texas State Board for Educator Certification (SBEC) revamped the Educators’ Code of Ethics. Of particular relevance to today’s teachers and administrators, the updated ECE addresses issues brought about by the proliferation of social networking Web sites and text messaging. The April edition of Texas School Administrators’ Legal Digest features an in-depth article on the new Code of Ethics co-authored by Dr. David Thompson, an authority in the field.
Surviving "Contract Season" in These Financial TimesMarch 1, 2011
It is getting to be “contract season” again, which means that school district officials all across Texas will be making decisions about non-renewals or terminations of teacher and administrator contracts. In this month’s Texas School Administrators’ Legal Digest, attorney Dorcas Ann Green, from Walsh, Anderson, Brown, Gallegos and Green, explores in detail the legal aspects of these difficult decisions, and emphasizes that each case should tell its own story.
When Can a School District Limit ARD Committee Meetings to One Hour?February 1, 2011
In April of last year, Special Education Hearing Officer Stephen P. Webb held for Alamo Heights Independent School District in a case that has implications for the structuring of Admission, Review, and Dismissal (ARD) committee meetings...
5th Circuit Rules that School District’s Facilities Did Not Violate ADA Building RegulationsJanuary 4, 2011
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