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September 16, 2008 From Our Officers Priscilla
White, President Lu
Stephens, Vice-President 2009
Summer Conference—Mark the Date! Please mark your calendar NOW and plan on joining us for this one-of-a-kind conference! You will have a wonderful experience and make new, life-long friends! We look forward to welcoming you in Austin next June! 2009
Awards Program Regional Happenings North
Texas Chapter Region
4 Region 4 President Tina Seaman celebrated the Region 4 participants at the state TCWSE Summer Conference. President Seaman thanked Denise Daniels, past president of Region 4 chapter, for creating a slide show presentation to share information at the summer conference on increasing membership and funding for region chapters. The Region 4 newsletter also congratulated Denise Daniels as the newly elected historian to the state Executive Board of TCWSE, and Denise Majewski, Region 4 secretary, to her new position as Curriculum and Instruction Principal at Mayde Creek High School in Katy ISD. The Fall Region 4 Chapter conference, Navigating the "Mind" Fields of Leadership, will be held Thursday, October 9, 2008, 5-8:00 p.m., Katy ISD Educational Support Complex, Room 1200, 6301 South Stadium Lane, Katy, TX 77494. Keynote and panelists include: Elizabeth Clark, Yvonne Katz, Lu Stephens, and Barbara Sultis. Workshop Contacts: President Tina Seaman or Treasurer Laura Haugvoll. Update change of address/information by contacting Secretary Denise Majewski.
TCWSE Legal Corner When Family Law Collides with Schools Law: Students with Parents in Two Different School Districts Submitted by Laura S. Fowler, TCWSE General Counsel and Attorney at Law, and Patricia M. Cofty, Attorney at Law, The Fowler Law Firm PC If you are a school administrator responsible for admitting or enrolling students in your district, (or, for that matter, a person responsible for a student's education) you probably never imagined that just trying to decide where a student has a right to attend school could prompt such controversy. The Texas laws regarding attendance and residence have changed many times over the years and even proceeded to the U.S Supreme Court a time or two. Most of the time, issues regarding where a student may attend school must be resolved at the campus level quickly. Most people are more interested in attendance zones than in the actual school district boundaries but the fact of who actually resides in the public school district is as important, if not more important, than any other single fact. Many families face the issue at some point of what home environment serves the best interests of their school age child. While there are many factors at play in this complex and often heart wrenching decision, there are a few things that are not negotiable, yet sometimes badly misunderstood both by families and by educators responsible to enroll students. Texas Education Code Section 25.001 makes it clear that if a parent, a grandparent providing substantial care, or other person with custody of a student resides within the boundaries of a Texas public school district, that student has a right to attend the school that district's attendance zone policies allow him to attend. This is true even if the student does not reside in the district. Our point is quite simple: If you expect a fight over the custody of a student, that fight may well determine where the student attends school; who has a custodial right creates another set of choices and challenges. Keep in mind, residency is an issue of fact; not wishful thinking! Do not take the example of one of our creative parents who bought a small lot of land, hooked up a hunting trailer, and claimed residency. If the parent truly resided in the hunting trailer, great, but the attendance officers of the district will look into this closely and if the district discovers that no person actually lives there, the school district may demand the removal of the student and could also demand tuition and related fees. This is NOT a good situation for the family, particularly when the facts are recounted to the family law judge with continuing jurisdiction over the matter. [Read the online version of this article.] This information is provided by Laura S. Fowler, Attorney at Law with The Fowler Law Firm PC. It is not intended as a substitute for careful review by legal counsel of your choosing. As with any legal issues, please consult your attorney with questions. We would be most honored to assist you in your every real legal need. Contact Laura Fowler, 512.441.1411. A
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