TEA Principal Educational Law & Policy 3 — Questions and Answers
Question 1: A teacher is accused of corporal punishment in violation of district policy. Under Texas Education Code, a principal's first obligation is to:
- Suspend the teacher with pay pending investigation
- Conduct a thorough and impartial investigation before taking disciplinary action (Correct answer)
- Immediately terminate the teacher's contract
- Report the incident to TEA before conducting any internal review
Correct answer: Conduct a thorough and impartial investigation before taking disciplinary action
Due process requires a fair investigation before disciplinary action; principals must gather facts before recommending any employment action.
Question 2: Under the Texas Whistleblower Act, a public school employee who reports a violation of law to an appropriate law enforcement authority is protected from:
- Civil lawsuits filed by community members
- Retaliation by the governmental entity that employs them (Correct answer)
- State licensing board sanctions
- STAAR accountability consequences
Correct answer: Retaliation by the governmental entity that employs them
The Texas Whistleblower Act prohibits governmental employers from retaliating against employees who in good faith report legal violations.
Question 3: Title IX of the Education Amendments of 1972 prohibits discrimination based on sex. When a student reports sexual harassment by a peer, the principal must:
- Wait for law enforcement to complete their investigation before acting
- Immediately expel the accused student
- Respond promptly and equitably, including conducting an investigation (Correct answer)
- Refer the matter solely to the school counselor
Correct answer: Respond promptly and equitably, including conducting an investigation
Title IX requires schools to promptly and equitably respond to sexual harassment complaints, including conducting a formal investigation.
Question 4: Texas Education Code §37.0012 designates one person on each campus as a 'campus behavior coordinator.' What is the primary responsibility of this role?
- Implementing gifted and talented programming
- Managing the campus RTI/MTSS process
- Administering and overseeing student discipline (Correct answer)
- Coordinating all Section 504 accommodations
Correct answer: Administering and overseeing student discipline
The campus behavior coordinator is primarily responsible for implementing the student code of conduct and administering student discipline.
Question 5: A principal wants to search a student's backpack based on a tip from another student. Under New Jersey v. T.L.O., the search is legal if:
- Law enforcement is present to conduct the search
- The principal has obtained written parental consent
- There is reasonable suspicion that the search will uncover evidence of a rule violation (Correct answer)
- A search warrant has been issued by a judge
Correct answer: There is reasonable suspicion that the search will uncover evidence of a rule violation
New Jersey v. T.L.O. established that school searches require reasonable suspicion, not probable cause, and no warrant is needed.
Question 6: Under the Texas Open Meetings Act, a school board meeting quorum is required before the board can conduct official business. A quorum for a seven-member school board is:
- Three members
- Four members (Correct answer)
- Five members
- Six members
Correct answer: Four members
A quorum is a simple majority; for a seven-member board, that means four members must be present to conduct official business.
Question 7: Which of the following best describes the doctrine of 'in loco parentis' as it applies to Texas public school principals?
- Principals must defer all disciplinary decisions to parents
- Principals have the legal authority to act in place of parents while students are under school supervision (Correct answer)
- Parents may attend any school meeting and override principal decisions
- Principals must notify parents before making any instructional decisions
Correct answer: Principals have the legal authority to act in place of parents while students are under school supervision
In loco parentis grants school officials authority to act in the place of parents for students under their supervision, including in matters of discipline and safety.
TEA Principal Educational Law & Policy 3
A teacher is accused of corporal punishment in violation of district policy.
Under Texas Education Code, a principal's first obligation is to: