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Legal Digest Newsletter Archives

EMPLOYEE CONTRACTS AND WHAT YOU NEED TO BE THINKING ABOUT NOW

Whether you are a veteran district administrator  or new to school administration, it is imperative that you know the general standards that apply to Chapter 21 contract employees and keep up with changes in the law, so that you are prepared to protect your district and make smart personnel decisions.   In addition to legislative changes [...]

LAW DAWG

DEAR DAWG: Is there a legal standard for the punishment of educators who commit egregious errors in grammar and the use of punctuation? Consider the following memo that our superintendent recently sent to the board: Dear Board Members: Irregardless of what you may have heard, we are not planning to recommend a change in attendance [...]

LABOR & EMPLOYMENT

Discrimination   DID THE FORMER SCHOOL DISTRICT POLICE OFFICER FILE HIS DISCRIMINATION SUIT TIMELY? Case citation:  Adams v. Cedar Hill ISD, 2014 WL 66488 (N.D. Tex. 2014) (unpublished). Summary: Richard G. Adams, Sr. was a 51-year-old African American who was employed by the Cedar Hill Independent School District as a police officer.  Following his termination, [...]

LIABILITY

Bullying   WAS THE SCHOOL DISTRICT LIABLE FOR BULLYING THAT ALLEGEDLY LED A STUDENT TO COMMIT SUICIDE? Case citation:  Estate of Montana Lance v. Lewisville ISD, _F.3d_, 2014 WL 805452 (5th Cir. 2014). Editor’s note:   The Fifth Circuit decision is the last in a series of court decisions reported by the Legal Digest over the years, [...]

PARENTS

Access to Campus   COULD THE PARENT BE CHARGED WITH CRIMINAL TRESPASS FOR ENTERING SCHOOL PROPERTY? Case citation:  Parrish v. State, 2014 WL 709562 (Tex. App. – Eastland 2014) (unpublished). Summary:  Ronnie Earl Parrish was the father of a former student in the Midland Independent School District.   During the 2010-11 school year, several incidents occurred at [...]

PRACTICE & PROCEDURE

Commissioner Jurisdiction   WAS THE JROTC TEACHER Non-renewED? Case citation:  Dembo v. Houston ISD, Dkt. No. 025-R2-11-2013 (Comm’r Educ.   December 30, 2013). Summary: Robert Dembo, III worked for the Houston Independent School District as a JROCT instructor until August of 2003.  Dembo filed an appeal with the Commissioner of Education appealing the district’s decision to end [...]

SPECIAL EDUCATION & DISABILITY LAW

Disability Discrimination   WHEN WILL A DISTRICT VIOLATE THE ADA AND § 504 STEMMING FROM ALLEGED PEER HARASSMENT? Case citation:  C.L.v. Leander ISD, Dkt. No. A-12-CV-589-LY (Doc. 81), 2013 WL 6837741 (W.D. Tex. 2014) (unpublished). Summary: C.L. attended school in the Leander Independent School District and was legally blind and autistic.  After withdrawing C.L. from [...]

STUDENTS

Use of Force   DID THE STUDENT’S LAWSUIT STATE SUFFICIENT FACTS AGAINST THE DISTRICT FOR ALLEGED EXCESSIVE USE OF FORCE? Case citation:  Henderson v. Killeen ISD, Dkt. No. A-13- CV-471-LY and 2014 WL 6628630 (W.D. Tex. January 7, 2014) (unpublished). Summary: Alaina Henderson, a former high school student at Ellison High School, sued Killeen Independent School [...]