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 have a teacher who had back surgery last week and was determined to be eligible for FMLA to cover the period of leave. The medical certification we received indicated that she would need at least 6 weeks of recovery. Can we count her recovery days over the summer as FMLA days, such that she will not have additional FMLA eligibility when she returns in August?  A:        No. The Family Medical Leave Act provides that if an employer’s operations...
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Q:        I recommended renewal of my high school principal’s contract but intend to reassign him to the junior high campus, which will move him down a step on our administrator salary schedule.  Am I required to provide written notice of the anticipated reduction in compensation before the school year begins? Even if it’s only a few hundred dollars?  A:        Yes, employees must be provided written notice of any reduction in overall compensation between contract years prior to the 45th...
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Q:        Senior pranks have gotten out of control over the past couple of years, so our high school principal is wanting to meet with seniors to warn them that if they commit any Code of Conduct violation in the last weeks of school, they will be banned from participation in graduation. Is the principal OK to do this?  A:        Yes. Texas courts (and likely your SCOC) recognize that participation in graduation ceremonies is not a constitutionally protected right and can be...
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Q:       I just received a Public Information Request for all electronic communications between individual board members and the superintendent related to the proposed bond. 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 public information. This includes seeking...
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Q:        One of our high school government teachers would like to take all eligible senior students to the polls to vote during early voting. She has requested the use of a school bus to transport the students to the polls during the school day. Can we do this?  A:        No. The Attorney General has found that using taxpayer-funded transportation to transport students to the polls does not serve an educational purpose and violates the Texas Constitution. The Texas Education Code,...
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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
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KBS Reference Desk: TOMA Social Gatherings Conventions
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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
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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
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