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 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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Q: I’m a board member and my husband’s niece has applied for a teaching position for next school year. Can the district hire her?    A: Yes, because the applicant is the board member’s niece by marriage, the relation is of the third degree by affinity, and therefore, not governed by the nepotism prohibition found in Texas Government Code section 573.041.    For nepotism purposes, a public official of a school district is a member of the school board or an officer...
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Q:        I heard that the State Board of Education (SBOE) updated its rules recently regarding contract abandonment. Is it true that an educator can escape penalty if s/he believes they were granted permission to resign?  A:        Yes. The SBOE adopted proposed rules at its January meeting to amend the definition of “good cause” to now include an educator’s reasonable belief that the school district administration granted written permission to resign. The Texas Education Code articulates the parameters for educator resignations....
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Q:        We recently learned that a neighboring school district is under investigation by the Office of Civil Rights for accessibility issues with the school district’s website. One item that was mentioned was closed captioning for video and audio publications. Are school districts required to include closed captioning for board meeting videos published online?   A:        Generally, yes. Federal law requires that school districts provide equal access to services and resources for all members of the public, regardless of...
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Q:      As we move closer to the March 1, 2022 primary election and the May 7, 2022 Uniform Election Date, we have received several questions from teachers and other staff members who want to be politically active, but need clarification of the rules. Are there restrictions specific to school district employees when it comes to political advertising and participation in other election activities?   A:       Yes, there are constraints that apply to employees of all political subdivisions, which includes public school districts....
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Recent Articles

KBS Reference Desk: On Call Employees over 4th of July Holiday
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KBS Reference Desk: Employment of Students
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KBS Reference Desk: TOMA Social Gatherings Conventions
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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
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
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