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Legislative Updates
Q:        We are closing for the 4th of July holiday this week, but are requiring our Director of Maintenance, who is a non-exempt employee, to remain “on call” in case of a facilities emergency (e.g., burst pipes, break in, etc.) The employee may spend his time freely during the break; however, he must be available...
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Q:       This summer, my District would like to hire students to perform grounds work. Are there any restrictions to employing students in this capacity?   A:        Yes, there are restrictions depending upon the age of the student and the duties assigned.            Children 16 and 17 years old may perform any non-hazardous job responsibilities...
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Q:        We’ve recently hired a new Superintendent. The school board would like to have dinner with the new Superintendent to get to know him. Since a quorum of the board will be present, do we need to post a public notice to stay compliant with the Open Meetings Act? A:        No. The Act requires public...
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Q:       The shooting in Uvalde has us evaluating the scope of our security personnel. Can the District arm volunteers under a guardian plan?  A:        Yes. Neither state nor federal law prohibit non-employees from being authorized through a guardian plan to carry a weapon on campus.  Guardian plans are promulgated pursuant to Texas Penal...
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Q:        Our school district is a District of Innovation (DOI) with exemption from all laws related to teacher certification. Historically, the district has relied on the exemption to allow professionals to teach CTE classes; however, due to the teaching shortage, we are going to be forced to utilized noncertified teachers in core instruction. Does our...
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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...
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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...
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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...
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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:...
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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...
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