Legal Digest Newsletter Archives
Feature Article
In order to make the Texas School Administrators’ Legal Digest more useful to administrators and attorneys as a resource for researching and answering legal questions, the following subject matter index is provided. The index covers the ten issues of the Legal Digest that were published in 2012. Following the subject matter index is an alphabetical [...]
Feature Article
FEB Jennifer Childress Making Tough Choices: New Rules for Implementing Reductions in Force MAR Jeana Lungwitz & Kevin Lungwitz Help! Do I Have To Get Between Mom & Dad? APRIL Haley Turner Spring Fever: Avoiding Legal Traps That Arise During Prom and Graduation MAY Dr. David P. Thompson, Ph.D. Candy Canes, [...]
Feature Article
Adams v. Recovery School District, (April) Adams v. Ysleta ISD, (Nov./Dec.) Aetna Life Insurance Co. v. Weslaco ISD, (Oct.) Aleman v. Edcouch-Elsa ISD, (Nov./Dec.) Asgeirsson v. Abbott, (Nov./Dec.) Awofeso v. Houston ISD, (March) Backe v. LeBlanc, (Oct.) Barfield-Cottledge v. University of North Texas, (April) Barton v. State Board for Educator Certification, (Nov./Dec.) BaySystems North America, [...]
Law Dawg
by Jim Walsh Attorney at Law Walsh, Anderson, Gallegos, Green & Treviño, P.C. Dear Dawg: Can we sue that smarty pants that does the Doonesbury cartoon? He has been making fun of Texas of late, ridiculing the efforts of some of our citizens to secede from the union. He has indicated that some people would [...]
Legal Developments
Eminent Domain WHAT IS A “TAKINGS” CLAIM UNDER THE TEXAS CONSTITUTION? Case citation: West Hardin County CISD v. Poole, __ S.W.3d __, 2012 WL 5278610 (Tex. 2012) Summary: The West Hardin Consolidated Independent School District obtained a delinquent property tax judgment against an oil and gas lease that Wallace Maury Poole owned and operated. Poole [...]
Legal Developments
Discrimination DID THE TEACHING ASSISTANT HAVE VALID TITLE VII CLAIMS AGAINST THE SCHOOL DISTRICT? Case citation: Hatch v. Del Valle ISD, 2012 WL 5419861 (5th Cir. 2012) (unpublished). Summary: Connie B. Hatch III worked as a teaching assistant for the Del Valle Independent School District when the district terminated his employment. Hatch, an African American, [...]
Legal Developments
Governmental Immunity DID GOVERNMENTAL IMMUNITY BAR THE EMPLOYEE’S AWARD OF ATTORNEY’S FEES? Case citation: Manbeck v. Austin ISD, __S.W.3d __, 2012 WL 3800876 (Tex. 2012). Summary: Charles Manbeck, an employee for the Austin Independent School District, injured himself on the job. The school district, a self-insured governmental entity, acknowledged that Manbeck had been injured but [...]
Legal Developments
Sanctions DID THE TRIAL COURT PROPERLY ISSUE SANCTIONS AGAINST THE TEACHER? Case citation: Ollie v. Plano ISD, __ S.W.3d __, 2012 WL 5246897 (Tex. App. – Dallas 2012). Summary: Dorothy Ollie was a fifth grade teacher for the Plano Independent School District. Ollie sued the district alleging racial discrimination, hostile environment, and retaliation under Title [...]
Legal Developments
SPECIAL EDUCATION & DISABILITY LAW
Private Placement WAS THE SCHOOL DISTRICT REQUIRED TO PAY FOR THE STUDENT’S PRIVATE PLACEMENT? Case citation: Student v. Rockwall ISD, Dkt. No. 176-SE-0212 (Hearing Officer Mary Carolyn Carmichael, August 7, 2012). Summary: The student attended school in the Rockwall Independent School District and qualified for special education services as a student with an emotional disturbance. [...]
Legal Developments
Discipline COULD THE STUDENT APPEAL HIS PLACEMENT IN THE DAEP? Case citation: Stephens v. Trinity Independent School District, 2012 WL 5289346 (Tex. App.-- Tyler 2012) (unpublished). Summary: Steve Stephens and Crissy Stephens filed suit on behalf of their son, R.A.S. against the Trinity Independent School District for placing R.A.S. in the district’s disciplinary alternative education [...]
Legal Developments
Negligent Hiring DID THE PARENTS STATE A VALID CLAIM THAT THE DRIVING SCHOOL NEGLIGENTLY HIRED ONE OF ITS INSTRUCTORS? Case citation: Wansey v. Hole, 379 S.W.3d 246 (Tex. 2012). Summary: Cheryl and Ronald Hole enrolled their minor daughter in a driving school owned by Michael Wansey. One evening, when Ronald tried to pick up his [...]