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:        I heard that TEA recently changed its position regarding low attendance waivers. Our attendance was horrible in August due to COVID-19 quarantines. Will we be eligible for a waiver? A:        No, but the Commissioner has agreed to adjust operational minutes for all school districts for the first six-week reporting period of the 2021-2022 school year. In sum, the Commissioner of Education is exercising his authority under Section 25.081(b) of the Education Code to approve a reduction in the...
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Q.        I heard there is a new Active Shooter Alert System in the event of a reported active shooter in the school district’s jurisdiction. Does this mean that local law enforcement is liable if the alert is not activated?  A.       No. While HB 103 requires the Department of Public Safety (DPS) to develop and implement an alert system to be activated when there is a report of an active shooter, the new legislation provides explicitly...
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Q:        Some parents in our district remain interested in remote learning and have asked  what virtual options will be available for their students next year. Did I hear correctly that Governor Abbott signed a bill into law funding virtual learning during the 2022-2023 school year?  A:        Yes. Governor Abbott executed SB 15, which amends several provisions of the Texas Education Code to allow school districts to offer remote learning programs and obtain attendance funding from the state during...
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Q:       We caught a student on campus with CBD oil and local law enforcement advised us that they cannot determine the THC concentration to pursue charges for possession of a controlled substance. Can we still discipline the student under the Student Code of Conduct?  A:        Yes. A school district can discipline a student for possession of CBD oil under the Student Code of Conduct as possession of an e-cigarette. This is true regardless of whether law enforcement is...
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Q:       I just received a Public Information Request for all electronic communications between individual board members or between board members and the superintendent related to a proposed vaccine incentive. I can pull ISD emails from our server, but do I need to search my phone and ask the board members for copies of personal emails and text messages?   A:        Yes, the Texas Public Information Act requires each governmental body’s public information officer to make reasonable efforts to obtain...
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Recent Articles

KBS Reference Desk: Attendance Waivers
November 19, 2021
KBS Reference Desk: HB 103 Texas Active Shooter Alert
November 12, 2021
KBS Reference Desk: Remote Learning and ADA-Funding
November 5, 2021
KBS Reference Desk: CBD Oil
October 29, 2021
KBS Reference Desk: Temporary Custodians of Record – TPIA
October 22, 2021
KBS Reference Desk: Dyslexia Handbook Update
October 15, 2021
KBS Reference Desk: Peace Officer Legislation
October 8, 2021
KBS Reference Desk: HB 1525 PTO Donations
October 1, 2021
KBS Reference Desk: State Certifications Update – SB 13 & SB 19
September 24, 2021
KBS Reference Desk: Accelerated and Supplemental Instruction HB 4545
September 17, 2021
KBS Reference Desk: Active Threat Excercises
September 10, 2021
KBS Reference Desk: HB 1927 Firearms
September 3, 2021
KBS Reference Desk: Remote Participation in Board Meetings
August 27, 2021
KBS Reference Desk: Waiving Minimum Attendance Requirements for Seriously Ill Students
August 20, 2021
KBS Reference Desk: Inquiring About Vaccine Status
August 13, 2021
KBS Reference Desk: Temporary Suspension of TPIA due to Catastrophe
August 6, 2021
KBS Reference Desk: Standard for Reporting Child Abuse and Neglect
July 30, 2021
KBS Reference Desk: Bullying Policies and Reporting SB 2050
July 23, 2021
KBS Reference Desk: Homeschoolers and UIL
July 16, 2021
KBS Reference Desk: TOMA Suspension Extension
July 9, 2021
KBS Reference Desk: Revision to Resignation without Penalty Deadline
July 2, 2021
KBS Reference Desk: SB 179 School Counselors
June 25, 2021
KBS Reference Desk: 2021 TRS Surcharge SB 202
June 18, 2021
KBS Reference Desk: When do Virtual Board Meetings End
June 11, 2021
KBS Reference Desk: Buy American Program
June 4, 2021
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