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Legal and Ethical Requirements for Texas Educators Flashcards

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  1. A Texas educator on a probationary contract receives notice of proposed non-renewal. Under Texas Education Code, the educator's primary due process right is to:

    Answer: Request a hearing before the Board of Trustees or a hearing examiner

    A Texas probationary contract educator who receives notice of proposed non-renewal may request a hearing before the school board or an independent hearing examiner under Texas Education Code Chapter 21.

  2. Under Title IX of the Education Amendments of 1972, Texas schools are required to:

    Answer: Ensure no person is excluded from or discriminated against in any education program based on sex

    Title IX prohibits sex-based discrimination in any education program or activity receiving federal financial assistance, covering admissions, athletics, harassment, and other areas.

  3. A Texas school conducts a warrantless search of a student's backpack based on a tip from another student. Under Fourth Amendment standards established in New Jersey v. T.L.O., this search is constitutional if:

    Answer: There are reasonable grounds to suspect the search will yield evidence of a rule or law violation

    The Supreme Court's ruling in New Jersey v. T.L.O. established that school searches require 'reasonable suspicion'—a lower standard than probable cause—that the search will uncover evidence of a school rule or law violation.

  4. Under Texas Education Code, a student may be removed to an alternative education program (AEP) for which of the following reasons?

    Answer: Engaging in conduct punishable as a felony on or off campus

    TEC requires mandatory removal to an AEP for students who engage in certain felony-level conduct, among other serious offenses that threaten school safety.

  5. Texas Education Code mandates that certain offenses require a student to be placed in a Disciplinary Alternative Education Program (DAEP). Who has the authority to order DAEP placement?

    Answer: The principal or designee, consistent with the student code of conduct

    Under TEC Chapter 37, the principal or designee has authority to order DAEP placement consistent with the district's student code of conduct and applicable legal requirements.

  6. A student distributes a political pamphlet at school that expresses views critical of a district policy. Under Tinker v. Des Moines, the school may restrict this expression only if:

    Answer: The expression causes or is reasonably forecast to cause substantial disruption to the school environment

    Tinker v. Des Moines established that students do not shed their First Amendment rights at the schoolhouse gate, but schools may restrict speech that materially disrupts school operations.

  7. Under the Texas Whistleblower Act, an educator who reports a violation of law by a public school district to an appropriate law enforcement authority is protected from:

    Answer: Retaliation, including termination, demotion, or suspension

    The Texas Whistleblower Act prohibits public employers from retaliating against employees who in good faith report violations of law to the appropriate law enforcement authority.