Legal Digest Newsletter Archives
Feature Article
“MORE” ON NAVIGATING THE UNCHARTED WATERS OF PROCUREMENT OF CONTRACTS
This article is intended to supplement and to extend the discussion of the issues raised in the September 2013 edition of the Texas School Administrators’ Legal Digest. While the Texas legislature has not met again since that September 2013 article was published, there are additional issues and questions arising since the 83rd Texas Legislature adjourned [...]
Law Dawg
DEAR DAWG: We had an educational expert show up on behalf of the parents at a recent ARD meeting. The guy looked like the real package. Glasses. Neatly trimmed Van Dyke beard. Elbow patches. Many letters after his name. He used big words. We were pretty intimidated and afraid to ask questions of him, but [...]
Legal Developments
Discrimination DID THE FORMER EMPLOYEE STATE VALID DISCRIMINATION CLAIMS? Case citation: KIPP, Inc. v. Whitehead, S.W.3d , 2014 WL 3926562 (Tex. App. – Houston [1st Dist.] 2014). Summary: Kimberly Whitehead worked as an administrative learning specialist for KIPP, Inc. an open-enrollment charter school. In the summer of 2010, KIPP hired Daphane Carter, who was African American, [...]
Legal Developments
Qualified Immunity WAS THE TEACHER’S AIDE ENTITLED TO QUALIFIED IMMUNITY STEMMING FROM CORPORAL PUNISHMENT OF A STUDENT? Case citation: Marquez v. Garner, Fed. Appx. , 2014 WL 1779210 (5th Cir. 2014). Summary: C.M. attended elementary school in the South San Antonio Independent School District. C.M. was seven years old and was severely autistic, physically disabled, and [...]
Legal Developments
Dismissal THE TRIAL COURT ERRED WHEN IT DISMISSED THE DISCRIMINATION SUIT Case citation: Davoodiv. Austin ISD, 755 F.3d 307 (5th Cir. 2014). Summary: Mostafa Davoodi filed this lawsuit in Texas state court against his former employer, Austin Independent School District, asserting claims of national origin discrimination, retaliation, and intentional infliction of emotional distress. Attached and “fully [...]
Legal Developments
SPECIAL EDUCATION & DISABILITY LAW
Child Find THE STUDENT DID NOT QUALIFY FOR SPECIAL EDUCATION AND RELATED SERVICES Case citation: Studentv. Grapevine-Colleyville, Dkt. No. 074-SE-1113 (Hearing Officer Lucius Bunton March 31, 2014) Summary: The student attended school in the Grapevine-Colleyville Independent School District and had been diagnosed with a chronic disease that interfered with his ability to attend school regularly. As a [...]
Legal Developments
Bullying DID THE FAMILY STATE VALID TITLE IX CLAIMS STEMMING FROM STUDENT BULLYING? Case citation: Carmichaelv. Galbraith, __ Fed. Appx. __, 2014 WL 2767590 (5th Cir. 2014) (unpublished). Summary: The Carmichaels’ son, Jon, was a thirteen-year-old student at Loftin Middle School, who committed suicide after allegedly being bullied by his fellow students. The Carmichaels filed suit [...]