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:        Our FCCLA team is going to Nationals and our parent booster club wants to do a raffle fundraiser to off-set the costs of the trip. 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 school. Additionally, the CREA sets out specific regulations regarding how a raffle...
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Q:        An elementary teacher on a term contract has consistently underperformed this school year. We held her contract from the renewal list in March. The campus principal is coaching her and would like to give the teacher an additional year to improve. However, because of her demonstrated poor performance, we want additional flexibility to end the teacher’s employment in the future. Can a school district return a term contract teacher to probationary status?  A:        Yes, provided that you give...
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Q:       I have a teacher on a probationary contract (new to the District) who has struggled with classroom management this year. After Spring Break, I put her on notice that I was holding her contract and would not be recommending renewal to the Board. She has since gone on Family Medical Leave and will be out through the last day of instruction. Can the Board still terminate her probationary contract even though she is out on leave?   A:       ...
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Q:         I have several students who contracted COVID in mid-2021. Their parents have shared with teachers and campus principals that since contracting COVID, their children still experience symptoms of fatigue, mood changes, and difficulty concentrating. Do these children need to be referred for special education and related services?  A:         Yes. If a child is experiencing lingering symptoms from COVID that appear to be impacting the child’s ability to participate and learn in the general curriculum, and thereby is suspected of...
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Q:        We discovered that one of our teachers was recently charged with a crime, and we would like to initiate the termination process. Does a criminal charge constitute good cause supporting the termination of a term contract?  A:        Generally, a criminal charge alone will not constitute good cause supporting the termination of a term contract. However, criminal charges often result from conduct prohibited by board policies and the Educator’s Code of Ethics. The Commissioner has long upheld terminations...
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Recent Articles

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
KBS Reference Desk: On Call Employees Over Holidays
December 17, 2021
KBS Reference Desk: Holiday Decorations
December 10, 2021
KBS Reference Desk: Removal of Library Books
December 3, 2021
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
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