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Legal Digest Newsletter Archives


It’s time again for the back-to-school issue of the Legal Digest, including our round up of important legal developments to remember as you start the 2014-2015 school year.  This year was significant for Texas school districts, as the U.S. Supreme Court weighed in on prayer and benefits for same-sex spouses, the Fifth Circuit considered  the [...]


THE DAWG’S GUIDE TO EDU-PAIN-O-METERS, HEDGE FUND MANAGERS, AND SOME OF THE INS AND OUTS OF THE FINE AND OFTEN UNEXAMINED PARTS OF OUR SPECIAL EDUCATION LAWS   Q.  Dawg, can you explain “extreme physical pain” and why it matters? A. Certainly.  Pain that is both “physical” and “extreme” hurts. It hurts like hell.   So [...]


Nepotism APPLICATION OF NEPOTISM EXCEPTION WHEN A COUNTY EXCEEDS POPULATION LIMIT Case citation:  Tex. Att’y Gen. Op. GA-1064 (2014). Summary:  The Commissioner of Education recently asked the Attorney General whether the nepotism exception found in Texas Education Code § 11.1513(g) for counties with a population of less than 35,000, still applies to an employee after [...]


Discrimination Case citation:  Griffin v. Kennard ISD,      Fed.Appx.      , 2014 WL 1890997 (5th Cir. 2014). Summary:  Nadean Griffin and Jerry Smotherman were African American and worked for the Kennard Independent School District as custodians.  In addition to their fulltime custodial duties, Griffin and Smotherman previously performed bus-driving duties for the district for which they received supplemental [...]


Jurisdiction THE SCHOOL DISTRICTS’ SUIT AGAINST T.E.A. WAS NOT RIPE FOR REVIEW Case citation:   BridgeportISDv. Williams, __ S.W.3d __, 2014 WL 2191035 (Tex. App. – Austin 2014). Summary:  A number of school districts filed suit against the Commissioner of Education and the Texas Education Agency, challenging the validity of the Adequate Yearly Progress (AYP) Guide, arguing [...]


FAPE THE PARENT DID NOT DEMONSTRATE A DENIAL OF FAPE Case citation:  Student v. Killeen ISD, Dkt. No. 241-SE-0613 (Hearing Officer Brenda Rudd, January 20, 2014). Summary: The student attended school in the Killeen Independent School District and received special education and related services under the classifications of emotional disturbance and “other health impaired.”  In the [...]


University Admissions THE UNIVERSITY OF TEXAS ADMISSIONS POLICY DID NOT DISCRIMINATE ON THE BASIS OF STUDENT RACE Case citation: Fisher v. University of Texas at Austin,        F.3d__. 2014 WL 3442449 (5th Cir. 2014). Summary:   Abigail Fisher filed suit against the University of Texas at Austin, alleging that the University’s race-conscious admissions program violated the Fourteenth [...]