Personnel Law Conference - Issue #1

The first of 3 issues devoted to current legal news for Human Resource Directors and other administrators.

Best Practice Guide on Transgender Workers Use of Restrooms at Work


 
 

The law on transgender employees is quickly evolving, make sure your district is caught up.




A Four-Day School Week


 
 

Thanks to HB610, Olfen ISD transitions to a four-day school week.




Awkward School Photos


 
 

Fall Special Ed Law Edition of Postscripts

All 3 issues are already available.

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Personnel Law Conference Q&A Continued…


 
 

Questions on T-Tess and the ADA that we didn’t get to at the conference answered.



5 NEW SCHOOL LAW RULINGS YOU NEED TO KNOW ABOUT

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The Fifth Circuit Court of Appeals Upheld Dismissal of Teacher’s Suit Stemming from His Termination


  Van Deleen v. Cain, __ Fed. Appx. __, 2015 WL 6444822 (5th Cir. 2015)
 

A teacher who pushed a student is terminated and fails to properly prove claims of First Amendment retaliation, a violation of his Fourteenth Amendment substantive due process rights, civil conspiracy, intentional infliction of emotional distress, negligence, and a violation of the Texas Whistleblower Act.


Teacher’s Suit Against the School District After His Nonrenewal Was Properly Dismissed


  Thomas v. Beaumont ISD, __ Fed. Appx. __, 2015 WL 5780934 (5th Cir. 2015)
 

A teacher is nonrenewed and sues on a number of claims but fails to provide the evidence required under each claim.


Can a Superintendent Be Held Personally Liable for an Employment Decision Made by the Board?


  Powers v. Northside ISD, __ F. Supp. 3d __, 2015 WL 6686505 (W.D. Tex. 2015)
 

The court looks at a new standard of personal liability and qualified immunity established last year but finds it is not yet “clearly established.”


The District Timely Notified the Administrator of His Salary Reduction


  James v. Dallas ISD, Dkt. No. 028-R10-03-2015 (Comm’r Educ. October 15, 2015)
 

The Commissioner reviews a salary reduction based on the statutory requirement to provide warning 45 days before the first day of instruction.


The Teacher Intern Was Entitled to a Probationary Contract


  Rivera v. Dallas ISD, Dkt. No. 022-R10-01-2015 (Comm’r Educ. August 27, 2015)
 

The Commissioner reviews a termination of a teacher intern with a probationary certificate who was not provided a contract.