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28th Annual

School Law Conference

Austin Feb 21-22, 2013 AT&T Conference Center
Conference Concluded
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Overview

The School Law Conference offers in-depth, practical discussion of the legal and regulatory issues and updates affecting school administrators, school board members, education professionals and both sides of the bar.

The 2013 conference features timely topics including:

  • Updates, recent decisions, and proposed rule changes: Commissioner of Education decisions, Attorney General opinions, school finance litigation, judicial developments under the Whistleblower Act, decisions impacting the Open Meetings Act, and federal education initiatives

  • Employment issues: Off-duty educator conduct, SBEC investigations into educator misconduct, mental health in the workplace, employee leave management and policies, TRS benefits, Chapter 21 of Texas Labor Code vs. Title VII of the Civil Rights Act, and administrator evaluations and reassignments

  • Civil rights: OCR investigations of students’ discrimination claims, off-campus student conduct and speech, and religious expression in school

  • Public school vouchers, the role of the internal auditor, construction contracts, dealing with difficult people, and more

  • Earn up to 13.00 hours of CLE credit including 1.75 hours of ethics

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Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Day 1 February 21, 2013
  • Day 2 February 22, 2013
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Feb. 21, 2013
    Presiding Officer:
    S. Anthony Safi, Mounce, Green, Myers, Safi, Paxson & Galatzan, P.C. - El Paso, TX
  • 8:00 am
    Registration Opens
    Includes continental breakfast.

  • 8:50 am
    Welcoming Remarks

  • 9:00 am
    1.00 hr
    Commissioner Decisions and Legal Update
    An update on Commissioner of Education decisions, AG opinions and school finance litigation.

    Mark P. Tilley, Texas Association of School Boards - Austin, TX

  • 10:00 am
    0.50 hr
    SBEC Update: A Review of the Investigative Process and Recent Decisions
    A review of the current processes used by SBEC staff to conduct investigations into allegations of educator misconduct with an examination of recent SBEC decisions, policies and rules to discern the standards applied to determine whether sanctions should be imposed for certain types of misconduct, and if so, what those sanctions should be.

    Julie A. Leahy, Texas Classroom Teachers Association - Austin, TX

  • 10:30 am
    Break

  • 10:45 am
    0.75 hr
    Chapter 21 Labor Code Recent Developments
    This presentation compares and contrasts Chapter 21 of the Texas Labor Code with Title VII of the Civil Rights Act of 1964, and touches on substantive and procedural aspects of the two statutes in order to determine whether plaintiffs and defendants prefer one to the other. The extent to which these supposedly parallel remedies actually diverge is also considered.

    Ellen Sprovach, Rosenberg & Sprovach - Houston, TX
    Francisco J. Valenzuela, Fanning Harper Martinson Brandt & Kutchi - Dallas, TX

  • 11:30 am
    0.75 hr
    Do-Gooders or Troublemakers? Recent Developments under the Texas Whistleblower Act
    Attorneys from both sides of the bar provide their perspectives on judicial developments under the Whistleblower Act, including a review of recent Texas Supreme Court cases that impose new pleading requirements on plaintiffs.

    Lisa A. Brown, Thompson & Horton LLP - Houston, TX
    John W. Judge, Judge, Kostura & Putman, P.C. - Austin, TX

  • 12:15 pm
    Lunch on Your Own

  • Thursday Afternoon, Feb. 21, 2013
    Presiding Officer:
    S. Anthony Safi, Mounce, Green, Myers, Safi, Paxson & Galatzan, P.C. - El Paso, TX
  • 1:30 pm
    0.75 hr
    When OCR Comes Knocking at the School House Door
    OCR investigates students' claims of discrimination under a variety of federal laws such as Title IX, Title VI, Section 504 and the ADA. This presentation describes the standards OCR applies to school district actions when investigating these various claims as well as the OCR investigation process, OCR sanctions and voluntary resolution.

    Janet Ann Little Horton, Thompson & Horton LLP - Houston, TX

  • 2:15 pm
    0.50 hr
    Procurement for School District Construction Contracts under Chapter 2267 of the Texas Government Code
    You mean we need an architect AND a lawyer to build it?

    Wayne D. Haglund, Attorney at Law - Lufkin, TX

  • 2:45 pm
    0.50 hr
    0.25 hr ethics
    The Role of the Internal Auditor
    The statutory guidance of the role of the internal auditor is limited. Discussed are the legal and ethical issues a school law practitioner needs to examine when dealing with audits, reports and communication between the internal auditor and Board members or administrative staff. Additional issues covered are the evaluation process, suggested Board policies and troubling issues affecting internal auditors.

    Juan J. Cruz, Escamilla, Poneck & Cruz, LLP - Laredo, TX

  • 3:15 pm
    Break

  • 3:30 pm
    0.50 hr
    Vouchers: Coming Soon to a School Near You (?!?!)
    Examination of the current debate over vouchers in the public school system, including pros and cons of common voucher systems, constitutional and other legal issues, pending legislation and how vouchers have been treated in other parts of the country.

    Christopher B. Gilbert, Thompson & Horton LLP - Houston, TX

  • 4:00 pm
    1.00 hr
    0.50 hr ethics
    Mental Health Issues in the Workplace
    Individual mental health issues in the workplace are complex and challenging for workers and management alike. Hear from two veteran school lawyers how employers and employees can/should work together to accommodate these concerns for the good of all.

    Jefferson K. Brim III, Brim, Arnett, Robinett, Conners & McCormick, P.C. - Austin, TX
    Dorcas A. Green, Walsh, Anderson, Gallegos, Green and Trevino, P.C. - Austin, TX

  • 5:00 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Feb. 22, 2013
    Presiding Officer:
    Michael J. Currie, Texas Classroom Teachers Association - Austin, TX
  • 8:00 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.50 hr
    Off-Duty Educator (Mis)Conduct
    A legal analysis of when a school district may discipline an educator for off-duty conduct.

    Joey W. Moore, Texas State Teachers Association - Austin, TX

  • 9:00 am
    0.75 hr
    First Amendment, Free Speech: Jurisdiction
    Discussion regarding recent developments in the law governing off-campus student speech and technology usage, cell phone searches, e-issues and limits on the school district's ability to regulate or control off-campus student conduct or speech.

    Jonathan Griffin Brush, Rogers, Morris & Grover LLP - Houston, TX

  • 9:45 am
    Break

  • 10:00 am
    1.00 hr
    The Straight and Narrow: Walking the Fine Line of Religious Expression in Public Schools
    School districts increasingly are becoming battlegrounds for shaping the First Amendment rights of students, employees and community members. Whether it is a group seeking a last-minute injunction to prohibit prayer at graduation or cheerleaders seeking injunctive relief to permit the display of "Christian" messages on team banners, school districts face significant challenges in balancing the rights of all parties. This presentation provides a view of the developments in student religious speech at schools.

    Stacy Tuer Castillo, Walsh, Anderson, Gallegos, Green and Trevino, P.C. - San Antonio, TX
    Donald Craig Wood, Walsh, Anderson, Gallegos, Green and Trevino, P.C. - San Antonio, TX

  • 11:00 am
    0.50 hr
    Open Meetings Act
    Review of the latest decisions related to the Open Meetings Act.

    Angela Eads Tekell, Belton ISD - Belton, TX

  • 11:30 am
    0.75 hr
    Employee Leave Management and Policies
    Practical issues that arise with the application of employee leave policy including federal, state and local law considerations, neutral absence control policies and leave accrual.

    Mia M. Martin, Richardson Independent School District - Richardson, TX

  • 12:15 pm
    Pick Up Lunch
    Included in conference registration.

  • Friday Afternoon, Feb. 22, 2013
    Presiding Officer:
    Michael J. Currie, Texas Classroom Teachers Association - Austin, TX
  • Luncheon Presentation

  • 12:30 pm
    0.75 hr
    Federal Education Law and Policy: The Post-Election Outlook
    Implications for federal education initiatives resulting from the 2012 elections, including ESEA, funding, special education, civil rights enforcement and more.

    Thomas E.M. Hutton, Education Adjuncts LLC, and Patterson Buchanan Fobes & Leitch, Inc. P.S. - Honolulu, HI

  • 1:15 pm
    Break

  • 1:30 pm
    0.75 hr
    TRS and Employment Practices
    How compensation and contract practices impact TRS benefits, including the contract period, retire-rehire surcharge, lump-sum payments and related issues.

    Holly E. Murphy, Texas Association of School Boards - Austin, TX
    Rebecca M. Smith, Teacher Retirement System of Texas - Austin, TX

  • 2:15 pm
    0.75 hr
    Administrator Evaluations and Reassignments
    An update on recent decisions related to the thorny issue of administrator transfers, plus an analysis of the requirements for administrator and superintendent evaluations. Finally, borne of the frustration of many a school board, proposed new forms for administrator and superintendent evaluations.

    Lynn Rossi Scott, Brackett & Ellis, P.C. - Fort Worth, TX

  • 3:00 pm
    1.00 hr ethics
    Professionalism for the 99%: Dealing with Difficult People
    It seems as if one percent of lawyers we encounter are unaware of the Texas Lawyer's Creed. How do the rest of us maintain this mandate for professionalism in difficult situations? This session presents extreme examples and practical tips on maintaining professionalism and ethics in trying situations with counsel, clients and judges.

    Mark Christopher Goulet, Walsh, Anderson, Gallegos, Green and Trevino, P.C. - Austin, TX
    David Luningham, Watson, Caraway, Midkiff & Luningham, L.L.P. - Fort Worth, TX

  • 4:00 pm
    Adjourn

  • Day 1 February 21, 2013
  • Day 2 February 22, 2013
Download Schedule

Conference Faculty

Jefferson K. Brim III

Brim, Arnett, Robinett, Conners & McCormick, P.C.
Austin, TX

Lisa A. Brown

Thompson & Horton LLP
Houston, TX

Jonathan Griffin Brush

Rogers, Morris & Grover LLP
Houston, TX

Stacy Tuer Castillo

Walsh, Anderson, Gallegos, Green and Trevino, P.C.
San Antonio, TX

Juan J. Cruz

Escamilla, Poneck & Cruz, LLP
Laredo, TX

Christopher B. Gilbert

Thompson & Horton LLP
Houston, TX

Mark Christopher Goulet

Walsh, Anderson, Gallegos, Green and Trevino, P.C.
Austin, TX

Dorcas A. Green

Walsh, Anderson, Gallegos, Green and Trevino, P.C.
Austin, TX

Wayne D. Haglund

Attorney at Law
Lufkin, TX

Janet Ann Little Horton

Thompson & Horton LLP
Houston, TX

Thomas E.M. Hutton

Education Adjuncts LLC, and Patterson Buchanan Fobes & Leitch, Inc. P.S.
Honolulu, HI

John W. Judge

Judge, Kostura & Putman, P.C.
Austin, TX

Julie A. Leahy

Texas Classroom Teachers Association
Austin, TX

David Luningham

Watson, Caraway, Midkiff & Luningham, L.L.P.
Fort Worth, TX

Mia M. Martin

Richardson Independent School District
Richardson, TX

Joey W. Moore

Texas State Teachers Association
Austin, TX

Holly E. Murphy

Texas Association of School Boards
Austin, TX

Lynn Rossi Scott

Brackett & Ellis, P.C.
Fort Worth, TX

Rebecca M. Smith

Teacher Retirement System of Texas
Austin, TX

Ellen Sprovach

Rosenberg & Sprovach
Houston, TX

Angela Eads Tekell

Belton ISD
Belton, TX

Mark P. Tilley

Texas Association of School Boards
Austin, TX

Francisco J. Valenzuela

Fanning Harper Martinson Brandt & Kutchi
Dallas, TX

Donald Craig Wood

Walsh, Anderson, Gallegos, Green and Trevino, P.C.
San Antonio, TX

Planning Committee

S. Anthony Safi—Chair

Mounce, Green, Myers, Safi, Paxson & Galatzan, P.C.
El Paso, TX

David A. Anderson

Texas Education Agency
Austin, TX

Joy S. Baskin

Texas Association of School Boards
Austin, TX

Jefferson K. Brim III

Brim, Arnett, Robinett, Conners & McCormick, P.C.
Austin, TX

Sandra D. Carpenter

Walsh, Anderson, Gallegos, Green and Trevino, P.C.
Irving, TX

Allyson Holt Collins

Austin, TX

Shellie Hoffman Crow

Walsh, Anderson, Gallegos, Green and Trevino, P.C.
Austin, TX

Juan J. Cruz

Escamilla, Poneck & Cruz, LLP
Laredo, TX

Michael J. Currie

Texas Classroom Teachers Association
Austin, TX

Donna Derryberry

Association of Texas Professional Educators
Austin, TX

Christopher B. Gilbert

Thompson & Horton LLP
Houston, TX

Mark Christopher Goulet

Walsh, Anderson, Gallegos, Green and Trevino, P.C.
Austin, TX

Allan Stewart Graves

Adams Lynch & Loftin
Grapevine, TX

Dorcas A. Green

Walsh, Anderson, Gallegos, Green and Trevino, P.C.
Austin, TX

Andrea Slater Gulley

Underwood Law Firm
Amarillo, TX

Wayne D. Haglund

Attorney at Law
Lufkin, TX

Roger D. Hepworth

The Fowler Law Firm
Austin, TX

Elneita Hutchins-Taylor

Houston Independent School District
Houston, TX

Julie A. Leahy

Texas Classroom Teachers Association
Austin, TX

Ricardo R. Lopez

Schulman, Lopez & Hoffer, LLP
San Antonio, TX

Kevin F. Lungwitz

The Lungwitz Law Firm, P.C.
Austin, TX

Mia M. Martin

Richardson Independent School District
Richardson, TX

Leticia D. McGowan

Dallas Independent School District Office of Legal Services
Dallas, TX

Cheryl T. Mehl

Eichelbaum Wardell Hansen Powell & Mehl, P.C.
Austin, TX

Joey W. Moore

Texas State Teachers Association
Austin, TX

Merri Schneider-Vogel

Thompson & Horton LLP
Houston, TX

Robert A. Schulman

Schulman, Lopez & Hoffer, LLP
San Antonio, TX

Lynn Rossi Scott

Brackett & Ellis, P.C.
Fort Worth, TX

Ellen H. Spalding

Rogers Morris & Grover
Houston, TX

Fred A. Stormer III

Underwood Law Firm
Amarillo, TX

Mark P. Tilley

Texas Association of School Boards
Austin, TX

Michelle M. Turner

The University of Texas School of Law
Austin, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 13.00 hrs  |  1.75 hrs Ethics
Legal Specialization(s): Administrative Law, Civil Trial Law, Labor and Employment Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 13.00 hrs  |  1.75 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Toggle view Oklahoma – 15.50 hrs  |  2.00 hrs Ethics
You must claim and certify your credit online in Your Briefcase, then you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Other Credit
Toggle view TX Accounting CPE – 15.50 hrs
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.
Toggle view TX School Board Member (TEA) – 13.00 hrs
UT Law CLE is a Registered Provider of TEA Board Member training under provider number 2022-3-2-RP-6149. You may use your hours from the School Law Conference to self-report your credit for TEA Board Member training. More information is located at the TEA website and the training site here:

https://tea.texas.gov/texas-schools/school-boards/school-board-member-training

http://www.tea.state.tx.us

Key Dates

Austin – Feb 21-22, 2013 – AT&T Conference Center
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $475.00 Regular pricing: Feb 15, 2013

$525.00 for registrations received after this time

Green Registration - USB Key ONLY
Last day for $475.00 Regular pricing: Feb 15, 2013

$525.00 for registrations received after this time

Last day for cancellation (full refund): Feb 15, 2013

$50 processing fee applied after this date

Last day for cancellation: Feb 18, 2013

Venue

speaker

AT&T Conference Center

The University of Texas at Austin
1900 University Avenue
Austin, TX
877.744.8822 (reservations)
Map

Accommodations

$174.00 good through Jan 25, 2013

Parking Information

Free daily self-parking at UT garages. Separate fees apply for valet and overnight parking.

The AT&T Conference Center Hotel is sold out.

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