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 recently that the Governor’s suspension of certain Texas Open Meetings Act requirements is coming to an end and we will be required soon to conduct Board of Trustees meeting in person. Is that true?   A:        Yes. While on July 1, 2021, the Governor of Texas granted an additional 30-day extension of the State’s initial suspension of certain Texas Open Meetings Act requirements, school boards should begin planning to resume in-person meetings soon, as the suspension will be...
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Q:       Are the rumors true—did the Legislature narrow the ability to sanction a teacher’s certificate for resigning during the summer without permission? A:        Yes and no.  While a school district may still seek sanctions against a teacher who fails to resign 45 days or more before the first day of instruction, effective September 1, 2021, the sanction by SBEC cannot be suspending or revoking their teaching certificate if the teacher resigns at least 30 days before the first...
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Q:        In the wake of the pandemic, did the Texas Legislature take any action to help schools identify mental health warning signs in students?  A:        Yes. SB 179 directs each school board to adopt a policy that requires a school counselor to spend at least 80 percent of the school counselor’s total work time on duties that are components of a comprehensive school counseling program. On June 18, 2021, Governor Abbot signed SB 179, which requires each school...
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Q:        My school district currently employees several retired teachers full-time. It has been our practice to split the TRS surcharge with the retired employee with the school district paying fifty percent and the employee paying the other half through payroll deduction. I’ve heard that the legislature amended the law regarding the TRS surcharge for retired teachers. Are we allowed to continue sharing the surcharge cost with our current employees? A:        No. SB 202 prohibits school districts from passing...
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Q:        What is the current status of school board meetings in Texas—may we continue to hold our board meetings remotely? If so, for how long? A:        Yes, at this time, school boards may continue to hold board meetings via remote methods, such as videoconference or telephonic meetings; however, the ability to do so is dependent on the continued existence of a valid emergency declaration, and the current declaration is set to expire on July 5, 2021, unless extended...
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KBS Reference Desk: Accelerated and Supplemental Instruction HB 4545
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KBS Reference Desk: HB 1927 Firearms
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KBS Reference Desk: Remote Participation in Board Meetings
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August 6, 2021
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July 30, 2021
KBS Reference Desk: Bullying Policies and Reporting SB 2050
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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
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KBS Reference Desk: When do Virtual Board Meetings End
June 11, 2021
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KBS Reference Desk: Board Member with Substantial Interest Closed Meeting Attendance
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KBS Reference Desk: Administrator Reassignments – Same Professional Capacity
May 21, 2021
KBS Reference Desk: Vaccine Complications and FFCRA
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KBS Reference Desk: Importance of Contract Legal Review
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KBS Reference Desk: Negotiating Resignations
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KBS Reference Desk: Authority to Create New Position
April 23, 2021
KBS Reference Desk: Vaccine Incentive Programs for Employees
April 16, 2021
KBS Reference Desk: Felony Conviction and School Board Candidates
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KBS Reference Desk: T-TESS Rubric Virtual
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