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K|B|S
Q:        A parent has requested an evaluation pursuant to the Individuals with Disabilities Education Act (“IDEA”) after revoking consent for the student’s special education services last year. Does the parent retain the right to request the evaluation after revoking consent?   A:        Yes. Revocation of consent does not eliminate the parent’s right to...
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Q:        Our district has repeatedly renewed one of our longtime teacher’s contracts even though his wife was voted onto our school board a few years ago. The teacher recently expressed his desire to fill a vacant assistant principal position at his campus and has since applied. Some have questioned the teacher’s continued employment and...
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Q:        We have a booster club that wants to do a raffle fundraiser. I checked and they are not a 501(c)3 organization. Is this something they can legally do? A:        No. Under the Texas Charitable Raffle Enabling Act (“CREA”), only qualified nonprofit organizations may conduct raffles to benefit a district or a specific...
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Q:        Campus administration has proposed a 60-day DAEP placement for a student. The parent requested an evaluation for special education prior to the conduct in question, but it is not yet complete. Does the district have to conduct a Manifestation Determination Review (“MDR”)?    A:        Yes. An MDR is required when the district...
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Q:        Our District plans to solicit bids for construction of a new elementary school. It is estimated that the cost of the facility will reach several million dollars. Are there any laws from the recent legislative session that would require the District to update its RFP and/or contract based on the estimated cost? A:        Yes....
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Q:        It has been brought to my attention that as an employer of CDL drivers, we are now required to register with the Drug and Alcohol Clearing House. Is this true, and if so, what does it entail?   A:        Yes, it is true. The Federal Motor Carrier Safety Administration now requires all employers of CDL...
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Q:        I have a new employee with a seizure disorder. She has requested the use of a service animal – a dog that is trained to detect and respond to her seizures. We’ve never had this request before and I’m reeling with all the implications of a dog on campus. Do I have to consider...
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Q:        Our Human Resources department reminded us that the new overtime rule just took effect on January 1, 2020. What exactly did it do? A:        The new overtime rule increases the minimum salary threshold for employees to be classified as “exempt” from $23,660 per year ($455 per week) to $35,568 per year ($684...
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Q:       We have a probationary contract teacher who is not meeting performance expectations and will most likely face termination at the end of contract year. Should we take any steps now geared toward the teacher’s possible termination? A:        Yes. The District should ensure the appraiser’s compliance with the T-TESS evaluation process, which contains language requiring that probationary...
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Q: Many students and parents offer teachers gifts during the holiday season. Are teachers allowed to accept them? A: Most likely yes, so long as the gift is not a bribe. However, if the teacher is also a UIL coach or sponsor they should be cognizant of additional UIL restrictions. The Texas Educators’ Code of...
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