Articles

David P. Backus

Shareholder

Underwood, Wilson, Berry, Stein, and Johnson, P.C.
1111 West Loop 289
Lubbock, TX 79416
(806) 712-1124
(806) 793-1723 fax
david.backus@uwlaw.com

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Mr. Backus' practice is comprised chiefly of education and wind energy law. Prior to assuming his duties with the Underwood Law Firm, Mr. Backus served as general counsel for the Region 17 Education Service Center in Lubbock, Senior Attorney with the Texas Association of School Boards' Legal Services Division, and Staff Counsel and Lobbyist with the Texas Association of School Administrators.

Mr. Backus' wind energy practice includes representation of landowners and governmental entities in their interactions with wind energy developers.

Mr. Backus also assists families to finalize the legal portion of their adoption process. An adoptive father of four, he considers this a special part of his practice.

Education

• J.D. Texas Tech University School of Law, 1988
• B.A. Southwestern University, 1985

Military Service

• United States Marine Corps, 1985-1994

Practice Concentration and Experience

Education Law

• Represented numerous education entities on personnel matters, including documentation, grievances, non-renewal hearings, and termination hearings
• Represented education entities with regard to student discipline matters and appeals
• Advised school districts on Open Meetings Act and Public Information Act matters, including request for Attorney General Opinions and Open Records Decisions
• Drafted and negotiated contracts, including food service management company contracts, curriculum services contracts, technology services contracts and interlocal agreements
• Advised education entities regarding school business activities and procurement law

Activities and Affiliations

• Member, State Bar of Texas Counsel for School Law Attorneys
• Board of Directors, Lubbock ISD Foundation for Excellence
• Member, State Bar of Texas School Law Section

Publications and Presentations

• Electioneering/Political Advertising, 21 February 2008
• MySpace, Facebook, 31 January 2008
• Hiring/Firing Employees, 14 January 2008
• School Governance After the 80th Legislature, 10 December 2007
• School Governance After the 80th Legislature, 4 December 2007
• Internet Safety and Wind Energy Agreements, 6 November 2007
• Hiring Do's and Don't's, 1 November 2007
• Being Your Brother's Keeper, 30 October 2007
• U.S. Constitution Week: Freedom of Religion and RVAA, 20 September 2007
• Legislature Update 80th Session, 25 September 2007
• 2007 Legislature Update, 12 September 2007
• 2007 Legislature Update, 27 August 2007
• The Over-Empowered Parent Syndrome, 25 June 2007
• Education Service Centers and Tax/Finance Bills, 21 June 2007
• Legislative Updates, 11 April 2007
• Employment Decisions Within the School District, 29 March 2007
• How to Lawfully Conduct an Internal Investigation, 18 January 2007
• Training for the O'Donnell Board of Trustees, O'Donnell TX, 2 August 2006
• Training for Plemmons-Stinnett-Phillips school board, 8 February 2006
• Training for Tahoka ISD school board, Tahoka TX, 6 February 2006
• Training for Morton ISD school board, Morton TX, 12 January 2006
• Chapter 21: Personnel Contracts presentation to O'Donnell ISD, O'Donnell TX, 15 December 2005
• Employee Drug Testing presentation to the Plains ISD school board, 21 November 2005
• "What's New In Texas School Finance," presentation to the West Texas TASBO, Lubbock TX, 9 November 2005
• "What's New in Texas School Law," presentation to TAC Conference, Lubbock TX, 2 November 2005
• "Family Law Issues in the Public Schools," presentation at the TASA/TASB 45th Annual Convention, Dallas, 29 October 2005
• "Sexual Harassment and Child Abuse Reporting," presentation to Educational Service Center Region 17 Staff, Lubbock TX, 26 October 2005
• "What's New in Texas School Law and School District Employment Agreement," Educational Service Center Region 17, Lubbock TX, 25 October 2005
• "Sexual Harassment and Child Abuse Reporting," Big Spring TX, 18 October 2005
• HIPAA/FERPA presentation to Region 17 school nurses, 29 September 2005
• 79th Legislative Session presentation to West Texas ASCD, 20 September 2005
• Level I Orientation, New Board Members of the Region 17 School Board, 27 September 2005
• 79th Legislative Session Update, presentation at Region 17, Lubbock TX, July 2005
• "Breaking Up Is Hard To Do: Reductions in Force and Voluntary Exit Incentive Programs," presented at the Texas Association of Community Schools Fall Conference, 2004
• "Overview of the FLSA in Light of the New Department of Labor Rules," presented at the TASA/TASB 44th Annual Convention, September 2004
• "Breaking Up Is Hard To Do: Reductions in Force and Voluntary Exit Incentive Programs," presented at the TASA/TASB 44th Annual Convention, September 2004
• "Experienced Principals and A.P.'s Are Now Eligible for Term Contracts When Changing School Districts," Texas Association of Secondary School Principals (TASSP) Newsletter, Volume 43, No.4, March 2004
• "Legal Issues for First Year Teachers," presented at the First Year Teacher's Conference, Region 17, Lubbock TX, July 2003
• "When Can a Principal be Held Individually Liable?," presented at the Sixteenth Annual TASSP/Legal Digest Conference on Education Law for Principals, Austin, June 2003
• "Retire and Rehire: A School Lawyer's Primer," State Bar Section Report-School Law, Vol.5, No.2, Spring 2002
• "Funding Information Regarding State Healthcare Plan for 2002-03," presented at the Region 4 Risk Management Seminar, Houston, October 2001
• 77th Legislative Session Update, presentation to Region 12, Waco TX, November 2001
• 77th Legislative Session Update, presentation to the 9th Annual Regional Special Education Law Workshops for All Educators, Lubbock TX, September 2001
• "Sexual Harassment in Our Schools," presented at Burnet Consolidated ISD, Burnet TX, August 2001
• 77th Legislative Session Update, presentation to the Texas Association of School Personnel Administrators, Austin, July 2001
• 77th Legislative Session Update, presentation to Region 17, Lubbock TX, August 2001
• 77th Legislative Session Update, presentation to Texas Association of School Administrators Summer Conference, Austin, June 2001
• 77th Legislative Session Update, presentation at Region 12, Temple TX, July 2001
• Legislative Update, presentation to the Annual Council of School Attorneys Education Law Conference, Houston, 1999
• "Overview of Open Meetings Act," presented at the First-time Superintendents' Academy, Austin, March 2000
• "Employment Issues in School Law," presented to the Texas A&M University graduate students in Public School Law, College Station TX, October 1999
• "A Study Session for Student Drug Testing," presented at the TASB Summer Leadership Institute, San Antonio, June 1999
• "Tough Contract Decisions for School Administrators," presented at the 1999 Texas Association of School Boards Council of School Attorneys Education Law Update, Austin, February 1999
• "The Top Ten Employment Law Hot Spots of 1998," presented at the 38th Annual TASA/TASB Convention, Houston, September 1998
• "Before Drafting Educator Contracts Consider This...," presented at the 13th Annual School Law Conference, Austin, March 1998
• "Case Studies in Legal Issues," presented at the Personnel Academy 1997, Austin, November 1997
• "The Year in Review, What's New and What's Hot: 1997 Legal Update," presented at the 5th Annual Cross Plains Area Association School Board Workshop, Weatherford TX, October 1997
• "Memo to the File: Effective Documentation for Personnel Decisions," presented at the Texas Association of School Boards' workshop for Personnel Directors, McAllen TX, March 1997
• "Crack Open the Case: Solving the Mystery of Employee Leaves and Absences" and "Trailing the Suspect: Drug Testing Employees and Students," presented at the Texas Association of School Boards' 1997 Spring Legal Seminars, February 1997
• "Trimming the Roster: Employee Termination," presented to the Texas Association of School Boards, November 1996
• "The 'Hot' Topics Regarding Legal Issues for School Boards and School Board Members," presented at the Weatherford College Community College Trustee and School Board Workshop, Weatherford TX, October 1996
• "Student Discipline: Senate Bill 1 Style," presented at the San Perlita Independent School District's Teacher In-Service Training, San Perlita TX, August 1996
• "Wrongful Termination/Proper Hiring and Firing," presented at the 1996 Risk Management/Cash Management Members' Conference, Austin, May 1996
• "Texas Open Meetings Act: Procedures for Closed Meetings," presented at the Gulf Coast Area School Board Association, Houston, April 1996
• "Top Ten Contract Issues in the New Education Code," presented at the 4th Annual Texas Association of Rural Schools Conference, Waco TX, January 1996
• "Employee Liability in the Classroom: Pending Cases, Student Discrimination, and Parental Rights," presented at San Angelo Public Schools, August 1995
• A Legal Guide to School Personnel Contracts, Texas Association of School Boards publication
• Hiring the School Board's Chief Administrator: Drafting a Contract for the Superintendent, Texas Association of School Boards publication
• A Guide to Local Board Hearings, Texas Association of School Boards publication