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Legal Digest Newsletter Archives

2012 SUBJECT MATTER INDEX

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 [...]

2012 TABLE OF ARTICLES

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, [...]

2012 TABLE OF CASES

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 [...]

GOVERNANCE

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 [...]

LABOR & EMPLOYMENT

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 Case citation:  Hatch v. Del Valle ISD, 2012 WL 5419861 (5th Cir. 2012) (unpublished).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, [...]

LIABILITY

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 [...]

PRACTICE & PROCEDURE

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 [...]

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.  [...]

STUDENTS

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 [...]

MISCELLANEOUS

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 [...]