Recent Newsworthy School Law

Religious Expression

In May 2023, The Department of Education issued an updated "Guidance" document addressing prayer and other religious expressions in our public schools.  The DOE is required by law to do this, and school districts are required to certify that they are honoring the constitutional rights of students and employees with regard to religion.  The new Guidance notes in several ways that students and employees, even when "on the job", can offer quiet, brief, private prayers.  The Guidance tells us that school may not prohibit employees from engaging in prayer merely because it is religious or because some observers, including students, might misperceive the school as endorsing that expression.  The Guidance also makes it clear that it goes no further than that, it states "for example, teachers, coaches, and other public-school officials acting in their official capacities may not lead student in prayer, devotional readings, or other religious activities, nor may they attempt to persuade or compel student to participate in prayer or other religious activities or to refrain from doing so.  

Scope of Employment

Alief ISD v Velazquez May 2023

A cafeteria worker finished her shift 2:30, but failed to "clock out".  Exactly 12 minutes later she struck a student with her car causing serious injuries (brain surgery, learning how to walk again).  The injured student sued the district and the case largely turned on where cafeteria worker was headed and why she was headed there.  That mattered because school districts are legally liable for injuries that result from a motor vehicle accident only when the driver was negligent, and acting within the "scope of employment."  The cafeteria worker was driving to the admin building to meet about her health insurance.  The court ruled that this was not in the "scope of employment" because her supervisor did not tell her to drive to the admin building.  The school district is not liable.  Things to note: driving a personal car did not change the issue of "scope of employment", if her supervisor has directed her to report to another campus, it is likely the court would have viewed that as "scope of employment".  Sad case all around- student was seriously injured and work was fired and pled guilty to assault with serious bodily injury.