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 one Assistant Superintendent and she just resigned. I would like to eliminate the position and use the funds to create two new director posts. Does the Board have to take action to create the director positions prior to advertising the vacancies?  A:        Not likely. Because the Superintendent has specific authority to organize the district’s central administration and because the funding for the new positions is contemplated in the current budget, no board action is necessary....
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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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KBS Reference Desk: Booster Club Raffle
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KBS Reference Desk: Returning a Teacher to Probationary Status
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KBS Reference Desk: Termination of Probationary Contract While On Leave
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KBS Reference Desk: Long COVID and Special Education Referrals
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KBS Reference Desk: Pay During Weather Closure
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KBS Reference Desk: Nepotism
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KBS Reference Desk: New SBOE Rules on Contract Abandonment
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KBS Reference Desk: Web Accessibility
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KBS Reference Desk: Political Advocacy Prohibitions
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KBS Reference Desk: Pay During Weather Closure
February 11, 2022
KBS Reference Desk: House Bill 2581 Procurement Updates
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KBS Reference Desk: CDL Waivers for Bus Drivers
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KBS Reference Desk: Interstate Travel Liability and Travel Forms Best Practices
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KBS Reference Desk: Updated Stay at Home Periods
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