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:        We are closing for the 4th of July holiday this week, but are requiring our Director of Maintenance, who is a non-exempt employee, to remain “on call” in case of a facilities emergency (e.g., burst pipes, break in, etc.) The employee may spend his time freely during the break; however, he must be available to go to the District (if needed) within three (3) hours. Do we have to pay him for his time spent “on call?”   A:        No....
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Q:       This summer, my District would like to hire students to perform grounds work. Are there any restrictions to employing students in this capacity?   A:        Yes, there are restrictions depending upon the age of the student and the duties assigned.            Children 16 and 17 years old may perform any non-hazardous job responsibilities without special restrictions on their hours of work. See 29 C.F.R. § 570.50-68. However, children 14 and 15 years old may work in non-hazardous jobs...
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Q:        We’ve recently hired a new Superintendent. The school board would like to have dinner with the new Superintendent to get to know him. Since a quorum of the board will be present, do we need to post a public notice to stay compliant with the Open Meetings Act? A:        No. The Act requires public notice of a “meeting” of a quorum of a governmental body. However, “meeting,” as defined by the Act, does not include attendance at a social...
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Q:       The shooting in Uvalde has us evaluating the scope of our security personnel. Can the District arm volunteers under a guardian plan?  A:        Yes. Neither state nor federal law prohibit non-employees from being authorized through a guardian plan to carry a weapon on campus.  Guardian plans are promulgated pursuant to Texas Penal Code 46.03(a)(1), which limits criminal liability for any individual who possesses a firearm on school property pursuant to written regulations or written authorization of the...
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Q:        Our school district is a District of Innovation (DOI) with exemption from all laws related to teacher certification. Historically, the district has relied on the exemption to allow professionals to teach CTE classes; however, due to the teaching shortage, we are going to be forced to utilized noncertified teachers in core instruction. Does our DOI status truly provide freedom to use uncertified personnel for any subject area?  A:        Not exactly, while a school district may be exempt from...
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Recent Articles

KBS Reference Desk: On Call Employees over 4th of July Holiday
July 1, 2022
KBS Reference Desk: Employment of Students
June 24, 2022
KBS Reference Desk: TOMA Social Gatherings Conventions
June 17, 2022
KBS Reference Desk: Volunteers Under Guardian Plan
June 10, 2022
KBS Reference Desk: DOI and Certification
June 3, 2022
KBS Reference Desk: FML Leave Over the Summer
May 27, 2022
KBS Reference Desk: Decrease in Compensation
May 20, 2022
KBS Reference Desk: Participation in Graduation Ceremonies
May 13, 2022
KBS Reference Desk: Temporary Custodians of Record – TPIA
May 6, 2022
KBS Reference Desk: Driving Students to Polls
April 29, 2022
KBS Reference Desk: Authority to Create New Position
April 22, 2022
KBS Reference Desk: Booster Club Raffle
April 15, 2022
KBS Reference Desk: Returning a Teacher to Probationary Status
April 8, 2022
KBS Reference Desk: Termination of Probationary Contract While On Leave
April 1, 2022
KBS Reference Desk: Long COVID and Special Education Referrals
March 25, 2022
KBS Reference Desk: Pay During Weather Closure
March 18, 2022
KBS Reference Desk: Nepotism
March 11, 2022
KBS Reference Desk: New SBOE Rules on Contract Abandonment
March 4, 2022
KBS Reference Desk: Web Accessibility
February 25, 2022
KBS Reference Desk: Political Advocacy Prohibitions
February 18, 2022
KBS Reference Desk: Pay During Weather Closure
February 11, 2022
KBS Reference Desk: House Bill 2581 Procurement Updates
February 4, 2022
KBS Reference Desk: CDL Waivers for Bus Drivers
January 28, 2022
KBS Reference Desk: Interstate Travel Liability and Travel Forms Best Practices
January 21, 2022
KBS Reference Desk: Updated Stay at Home Periods
January 14, 2022
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