6See the FAA Website for more information:
7Memorandum from Reginald C. Govan,
Chief Counsel, AGC-1 to Earl Lawrence,
Director, UAS Integration Office, AUS-1,
May 4, 2016,
849 U.S.C. § 46301; P.L. 112-95 § 336(b).
9See Tex. Educ. Agency “To the Adminis-
trator Addressed: FAA Guidance on the
Use of Drones by Texas School Districts
and Charters,” Sept. 24, 2015, tea.texas.
11See Memorandum from Reginald C.
Govan, Chief Counsel, AGC-1 to Earl
Lawrence, Director, UAS Integration Office, AUS-1, May 4, 2016,
12See the FAA Website at
licenses_certificates/aircraft_certifica-tion/aircraft_registry/ua/ for more
information about the registry, including a
Q&A regarding who must register.
13Tex. Gov’t Code §423.002(a)( 16).
1449 U.S.C. § 40103(a)(1).
15See U.S. Dept. of Transp., FAA, “State
and Local Regulation of Unmanned Aircraft Systems (UAS) Fact Sheet,”
Fact_Sheet_Final.pdf, at p. 3 (Dec. 17,
2015) (“Laws related to state and local
police power—including land use, zoning,
privacy, trespass, and law enforcement
operations—generally are not subject to
16Tex. Educ. Code § 37.102(a).
17U.S. v. Causby, 328 U.S. 256, 264 (1946).
18Tex. Educ. Code § 11.151(c).
19Tex. Civ. Prac. & Rem. Code §§ 101.021,
20Tex. Transp. Code § 541.201( 23)
(emphasis added); see also Slaughter v.
Abilene State Sch., 561 S. W.2d 789 (Tex.
1977) (defining tractor as a motor vehicle).
This article is provided for
educational purposes only and
contains information to facilitate
a general understanding of the
law. It is neither an exhaustive
treatment of the law on this sub-
ject nor is it intended to substi-
It is important for the reader to
consult with the district’s own
attorney in order to apply these
legal principles to specific fact
situations. For more informa-
tion on this and other school law
topics, visit TASB School Law
eSource online at schoollawe-
Sarah Orman is a senior attorney
with TASB Legal Services. The
author would like to recognize
Debbie Esterak, a partner with
Rogers, Morris & Grover LLP, for
her contributions to this topic.
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