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Legal Digest Newsletter Archives

DEALING WITH THE DISRUPTIVE STUDENT UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT

Local school officials often face a dilemma when dealing with students with disabilities who are disruptive or violent in the school setting.  The law imposes two duties that sometime conflict with each other. First, there is the duty to maintain a safe and orderly campus.  In the shadow of the shootings in Newtown, Connecticut this [...]

LAW DAWG

DEAR DAWG: I hope you will help me in promoting greater transparency in the operation of our public schools.  Do you realize that school board members are currently NOT required to disclose the salaries they receive from the district?  This is outrageous!  I hope you will support my bill: THE BOARD MEMBER SALARY DISCLOSURE BILL [...]

GOVERNANCE

Elections DID THE COURT ALLOW THE SCHOOL DISTRICT’S MAY ELECTION TO PROCEED? Editor’s Note:  This case involves a challenge to the Beaumont Independent School District school board election originally scheduled for May 2013.  The Board of Trustees since cancelled the May election and has ordered an election to be held in November.  The U.S. District [...]

LABOR & EMPLOYMENT

Employee investigations ARE PUBLIC EMPLOYEES ENTITLED TO UNION REPRESENTATION DURING INVESTIGATORY INTERVIEWS? Editor’s Note:  This case does not involve a school district, but is relevant to school district employees.  It discusses whether the Texas Labor Code grants public-sector employees in Texas the right to, upon request, have union representation during an internal investigatory interview. Case [...]

SPECIAL EDUCATION & DISABILITY LAW

§ 504 Discrimination THE STUDENT STATED A VALID § 504 CLAIM BASED ON PEER HARASSMENT Case citation:  M.J. v. Marion ISD, 113 LRP 19278 (S.D. Tex. 2013). Summary:  M.J. was a student in the Marion Independent School District who was diagnosed with bipolar disorder and Attention Deficit Hyperactivity Disorder (ADHD).  His disabilities caused him to [...]

STUDENTS

TRIAL COURT UPHOLDS CHEERLEADER BANNERS WITH RELIGIOUS MESSAGES Case citation:  Matthews v. Kountze ISD, Cause No. 53526, 356th Judicial District, Hardin County, Texas (May 8, 2013). Summary:   During football games at the Kountze Independent School District, a number of cheerleaders displayed banners containing religious messages.  The school district directed the cheerleaders to stop displaying the [...]