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Legal Digest Newsletter Archives


By Travis Ketner Attorney at Law San Antonio, Texas Introduction The intersection of federal law and local public school districts makes it vital that school board trustees (or those considering a campaign for school board) understand the possible federal criminal ramifications of their actions.  This knowledge can assist an honest trustee in avoiding a mistake [...]


THE T-WORD, THE B-WORD, 7th GRADE BOYS, and THE DAWG’S GROSS-O-METER DEAR DAWG:  Snort, here. Rip Snort. Intrepid Reporter. Friend of the Truth.  Dawg, we are outraged.  Assistant Principal D.W. (“Mad Dog”) Butts, self-appointed czar of student jewelry, has notified the students that they may not wear certain bracelets.  Lots of kids are wearing bracelets [...]


Elections WHEN WILL ELECTION IRREGULARITIES INVALIDATE A SCHOOL BOARD ELECTION? Case citation:  Garza v. Peña, 2013 WL 485800 (Tex. App. – Corpus Christi 2013) (unpublished). Summary:  Four school board candidates who were not elected to the La Joya Independent School District board of trustees sued the four elected board members, claiming that election irregularities invalidated [...]


Whistleblower Act WHAT IS AN “APPROPRIATE LAW ENFORCEMENT AUTHORITY” UNDER THE WHISTLEBLOWER ACT? Case citation:  Texas A & M University-Kingsville v. Moreno, __ S.W.3d __, 2013 WL 646380 (Tex. 2013). Summary:  Gertrud Moreno worked for Texas A&M-Kingsville (TAMUK) as an assistant vice president and comptroller.  After the university fired her, Moreno sued alleging that her [...]


Personal Liability COULD THE HUMAN RESOURCES DIRECTOR BE SUED UNDER TITLE VII? Case citation:  Van Myers v. Tyler ISD, 2013 WL 449358 and 2013 WL 449329 (E.D. Tex. 2013) (unpublished). Summary:  Jesse Van Myers filed suit against the Tyler Independent School District and Human Resources Director, Sharon Roy, claiming discrimination under Title VII of the [...]

Special Education & Disability Law

Discrimination DID THE STUDENT STATE A VALID § 504 CLAIM stemming from PEER HARASSMENT? Case citation:  Stewart v. Waco ISD, __ F.3d __, 2013 WL 1091654 (5th Cir. 2013). Summary:  Andricka Stewart, a student in the Waco Independent School District, sued the school district claiming that she had mental retardation, a speech impairment, and a [...]


Delinquent Conduct DID THE COURT ERR BY COMMITTING THE STUDENT TO THE TEXAS YOUTH COMMISSION? Case citation:  In the Matter of J.G., 2013 WL 490941 (Tex. App. – Austin 2013) (unpublished). Summary:  J.G. was referred for juvenile-delinquency proceedings based on allegations that he first elbowed a teacher’s aide in the stomach, and then scratched, resisted, [...]


DEPORTATION DID THE WOMAN’S DEPORTATION DEPRIVE HER CHILDREN OF EDUCATIONAL OPPORTUNITY? Case citation:  Chavez v. Holder, 2013 WL 632249 (5th Cir. 2013) (unpublished). Summary:  Alejandra Franco Berriozabal de Chavez (Chavez) was a citizen of Mexico and received an order of removal from an immigration judge in the United States.  The order was upheld by the [...]