Reference Desk and News

The Attorneys at K|B|S provide timely content on matters of interest to client districts through various forms of publications and genre. Once released, the communications are placed on our news blog, chronologically and in a simple to read Q&A searchable format.
Q:       A member of the community notified our school district of a rumor that one of the school board candidates, who filed an application for a place on the ballot, has a criminal background. Is our school district required to conduct background checks on every candidate or otherwise research every rumor to determine a candidate’s eligibility to be placed on the ballot? A:        No. A school district may administratively declare that a candidate is ineligible only when the...
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Q:       Nearly all our teachers have performed some type of virtual instruction in addition to standard face-to-face instruction this school year. Should we evaluate our employees on both virtual and in-person instruction?  A:        Yes, the Texas Education Code mandates that the teacher appraisal criteria be based on observable, job-related behavior including implementation of discipline management procedures and the performance of teachers’ students. As such, any instruction provided virtually should be evaluated.  The evaluation of virtual instruction can be...
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Q:        Our school district wants all of our employees to be vaccinated for COVID-19. May we ask our employees whether they have been vaccinated?  A:        Yes. School districts, however, must be very careful when questioning employees about their vaccination status not to request or provide an opportunity for explanation, as such might elicit confidential personal information and implicate multiple equal employment opportunity laws and obligations.  The Texas Department of State Health Services formally notified state vaccine providers on...
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Q:        Our district had several new teachers obtain probationary certification this past summer pursuant to TEA’s waiver of certain certification requirements. The employees’ probationary certification is set to expire in August, and they have not yet passed their content exams. Can we renew their employment?  A:        Yes, you can renew the employees’ probationary contracts; however, the probationary contracts should be issued with a certification addendum due to the one-year limit on the Commissioner’s certification waiver. On March 13, 2020, Governor...
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Q:        With the issuance of Governor Abbott’s Executive Order GA-34 lifting the statewide face mask mandate, effective March 10, 2021, our district is quickly trying to revamp our COVID-19 mitigation strategies. We are closely reviewing both CDC and updated TEA guidance, but in addition to that, do you know if the UIL has published any updated direction for UIL activities?  A:        Yes. On March 4, 2021, the UIL issued its updated guidance and requirements regarding face coverings and social distancing...
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Recent Articles

KBS Reference Desk: Felony Conviction and School Board Candidates
April 9, 2021
KBS Reference Desk: T-TESS Rubric Virtual
April 2, 2021
KBS Reference Desk: COVID-19 Vaccination Status Questions and EEO Laws
March 26, 2021
KBS Reference Desk: Certification Addendum
March 19, 2021
KBS Reference Desk: Lifting of Mask Mandate and Implications for UIL Activities
March 12, 2021
KBS Reference Desk: Identification of TPIA Requestor
March 5, 2021
KBS Reference Desk: Pay During Closure
February 26, 2021
KBS Reference Desk: Vaccines and Quarantine
February 19, 2021
KBS Reference Desk: Face Masks and the First Amendment
February 12, 2021
KBS Reference Desk: Virtual Learning and Child Find
February 5, 2021
KBS Reference Desk: American Rescue Plan
January 29, 2021
KBS Reference Desk: Spring Testing
January 22, 2021
KBS Reference Desk: TOMA Suspension Extension – Additional 30 days
January 15, 2021
KBS Reference Desk: Updated FFCRA Guidance
January 8, 2021
KBS Reference Desk: New Stay-at-Home Protocols
December 18, 2020
KBS Reference Desk: Vaccine as a Requirement for School Attendance
December 11, 2020
KBS Reference Desk: Campus Closure due to COVID-19 and Funding
December 4, 2020
KBS Reference Desk: Nonexempt Volunteer Work
November 20, 2020
KBS Reference Desk: Required Transition from Virtual to ON-campus Learning
November 13, 2020
KBS Reference Desk: TPIA – 10-day Extension
November 6, 2020
KBS Reference Desk: Discontinue Virtual Learning
October 30, 2020
KBS Reference Desk: Political Dress
October 23, 2020
KBS Reference Desk: Emergency Safety Drills
October 16, 2020
KBS Reference Desk: Requests for Homebound Instruction During COVID
October 9, 2020
KBS Reference Desk: Mask Exception
October 2, 2020
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