Legal Digest Newsletter Archives
Feature Article
AVOIDING LIABILITY UNDER THE FAIR LABOR STANDARDS ACT
The Fair Labor Standards Act (FLSA) is a deceptively simple statute: all eligible school employees who work more than 40 hours in a workweek must receive overtime pay. But what exactly is “time worked,” and which employees are eligible for overtime pay? Every school district supervisor and administrator needs a basic working knowledge of these [...]
Law Dawg
DEAR DAWG: A few years ago the trend was “Tebow-ing.” Kids would stop in the hallway in between classes and drop to one knee for a moment of prayer. Yikes, what a mess that created. I mean we were OK with it until the trend took off and we had major blockages in the halls. [...]
Legal Developments
Condemnation DID THE SCHOOL DISTRICT’S CONSTRUCTION OF A ROADWAY VIOLATE THE PROPERTY OWNER’S RIGHTS? Case citation: Sundance at Stone Oak Association v. NortheastISD, 2013 WL 6022259 (Tex. App. – San Antonio 2013) (unpublished). Summary: Sundance at Stone Oak Association was a property owner association governing the Sundance at Stone Oak Subdivision. As part of the development of the subdivision, the builder [...]
Legal Developments
Discrimination DID THE CUSTODIAN’S TERMINATION AMOUNT TO RACE DISCRIMINATION? Case citation: Edwards v. Senatobia Municipal School District, Fed. Appx. , 2013 WL 6511501 (5th Cir. 2013) (unpublished). Summary: George Edwards was an African-American male who began working as a middle school custodian for the Senatobia Municipal School District in Mississippi on July 28, 2011. [...]
Legal Developments
Open-Enrollment Charter Schools WAS THE OPEN-ENROLLMENT CHARTER SCHOOL SUBJECT TO THE TEXAS WHISTLEBLOWER ACT? Case citation: PegasusSchoolofLiberalArts& Sciences v. Ball-Lowder, 2013 WL 6063834 (Tex. App. – Dallas 2013) (unpublished). Summary: Pegasus School of Liberal Arts & Sciences was a private nonprofit corporation that operated an open-enrollment charter school in Dallas under a charter [...]
Legal Developments
Commissioner Jurisdiction WHAT CONSTITUTES AN EMPLOYMENT CONTRACT? Case citation: Xenakis v. Leon ISD, Dkt. No. 104-R10-0712 (Comm’r Educ. Dec. 19, 2013). Summary: Mark Xenakis was hired during the 2010-11 school year by the Leon Independent School District as an independent contractor to supervise a building project. At a board meeting held February 14, 2011, [...]
Legal Developments
SPECIAL EDUCATION & DISABILITY LAW
Disability Discrimination DID THE ATHLETIC ASSOCIATION DISCRIMINATE AGAINST THE STUDENT BASED ON HIS DISABILITY? Case citation: Mannv. Louisiana High School Athletic Association, __ Fed. Appx. __, 2013 WL 3475116 (5th Cir. 2013) (unpublished). Summary: A.M. was a high school student in Baton Rouge, Louisiana. The Louisiana High School Athletic Association (LHSAA) is a nonprofit voluntary membership [...]
Legal Developments
Criminal Statutes COULD THE ATTORNEY GENERAL RECONCILE SEPARATE AMENDMENTS TO STATUTES RELATED TO CONFIDENTIALITY OF JUVENILE CRIMINAL RECORDS? Case citation: Tex. Att’y Gen. Op. No. GA-1035 (2014). Summary: The Texas Attorney General recently considered whether it was possible to reconcile separate amendments to statutes related to the confidentiality of juvenile criminal records. The 83rd [...]