The Oldest Blog
A first amendment blog for school administrators and attorneys.
Texas Education Code 29.022 leaves little room for confusion regarding the requirements for placing video cameras in certain self-contained classrooms and other special education settings following a request by a parent, Board member, or District employee. The law is less clear, however, regarding the parameters for responding to requests to review recordings on these cameras. This uncertainty often leaves school districts, particularly school administrators, confused as to how to respond to these requests in accordance with the law. Fortunately, the special education team at Thompson & Horton LLP has broken down these requirements and provided step-by-step guidance for responding to these requests.
I was lucky enough to present with my dear friend Jacqui Litra in a lengthy session on all things Title IX at the inaugural conference of the National School Attorney’s Association last month in Nashville. If you aren’t familiar with it, NSAA provides the only unified, non-political, independent organization for attorneys representing school districts of all shapes, sizes, and political and social leanings. (Disclosure: I’m also lucky enough to be on the NSAA’s Transition Board and was the primary author of the organization’s comment to the proposed Title IX athletics rule, so I’m a pretty big fan).
One of the questions we received from the audience, packed with school lawyers from across the country, was, “What can you do when a Title IX complainant does not want to sign a formal complaint?” What that means is that this is not a stupid question—it is one that many brilliant people are struggling with across the country, even three years after the 2020 rules went into effect. So what is the answer? Is it “Nothing”? Or can you use another, non-Title IX process to address the behavior? As we explained at NSAA, neither of those options is correct. There are many things you can do. But you cannot use a complainant’s reluctance about the Title IX process to “back door” the case into a non-Title IX process. Here’s why.
Imagine a world where special education teachers have an invaluable assistant—a tireless digital companion capable of drafting IEPs, offering tailored lesson plans, and even communicating with parents. This isn’t science fiction; it’s the reality we’re moving toward with the growing presence of artificial intelligence in special education. But the science, so far, is imperfect, and users must guard against potential pitfalls.
I know many of you may be wondering why this blog has been so quiet. Well, I took the summer off! And guess what, Summer just ended in Dallas this week, something that I was certainly not used to when living in Chicago. Now that it’s finally not 100+ degrees outside every day, my break is over and I am ready to tackle the fall.
My nine-year-old daughter started a new public school this year. I was very surprised when she came home from school a few days into the new academic year telling me that she had been “dress-coded” for her skirt being too short. Now, those of you who know me may not believe this, but this 5’4″ mama has a fourth grader who is already over 5 feet tall! She has long legs and a small waist, which makes buying skirts that meet the old “three-inches-above-the-knees” requirement nearly impossible. Also, she’s in fourth grade—is there really a risk that any fourth-grade boys are going to be so busy ogling her that they can’t focus on learning fractions and other elementary school topics? Shouldn’t she be told how big her brain is at school, not how distracting her body is to others?
This situation got me thinking about “morality codes” in schools. Whether you’re talking about dress codes, for which 90% of enforcement reportedly falls on girls, or other rules based on gender stereotypes about how girls should look or act, back to school is a perfect time to remind ourselves of Title IX’s limitations on these types of requirements. A recent story out of Louisiana provides a great backdrop for this discussion.
The post Let the Girls Dance (and Dress!)? Title IX Implications for “Morality Codes” in Schools appeared first on Title IX Tips.
On September 29, 2023, the EEOC released its Proposed Enforcement Guidance on Harassment in the Workplace. If adopted following the rule-making process, this will be the first time the EEOC has provided guidance on workplace harassment since 1999.
The post What Employers Need to Know About the EEOC’s Proposed Guidance on Workplace Harassment appeared first on Educated Employer.